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DMV Hearing California

October 17, 2013 by Law Office of Pardoe & Associates

dmv hearing

DMV Hearing

A DMV Hearing can save your license!

We can handle your DMV Hearing
at any DMV Safety Office anywhere in California.

When you are entitled to a DMV Hearing in California

You are entitled to a DMV Hearing if the California DMV (Department of Motor Vehicles) wants to suspend your license for such things as :-

  • Too many points on your license (negligent operator hearing)
  • No insurance in an accident
  • A DUI (Driving Under the Influence of alcohol or drugs)
  • Questions about your skill, condition or health (see also Senior Driver license problems).

DMV Hearing Request

Your DMV Hearing request must be made immediately to save your license and ability to drive.

You only have a very brief time after you receive a DMV letter to request a DMV Hearing.  A Negligent Operator DMV Hearing is oftentimes the only way to save your license – so get a Hearing! 

We can do this for you - call us (310) 285-1516.

DMV letter

If you get 4 points in a year the DMV will want to suspend your license for 6 months. They will send you a letter indicating that they plan on suspending your license. You must request a DMV Hearing immediately if you get this letter because you normally only have about 10 to 15 days after you get the letter to ask for a DMV Hearing.

Avoid a 6 month suspension

A DMV Hearing for negligent operators is your only chance at trying to avoid a 6 month suspension. You might be able to get a restricted license so you can keep driving for work purposes only.  Learn more about points on your license.

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DMV Hearing Court

Issues in a Negligent Operator DMV Hearing

The issues in a Negligent Operator DMV Hearing are limited to the following:-

  • Correctness of driver record.
  • If there are any pending court charges, collisions or convictions not shown on the record (which will not be used as the basis for an action, but may reflect whether the driver has a negligent pattern of driving).
  • If the driver is responsible for collisions on the driver record.
  • Alcohol consumption related to major violations and collisions when indicated by the record.
  • Any mitigating/aggravating factors.
  • Physical and Mental conditions related to the driving record.

Read more about a Negligent Operator DMV Hearing.

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Mitigating factors at your DMV Hearing

Mitigating factors that can help you at your DMV Hearing include the following factors according to the California DMV:

Plans for Improvement/Corrective Measures

Correction of driving habits. The driver may offer testimony which he or she believes will lessen the degree of negligence shown by the record. The best evidence of correction of driving habits is a description of specific and reasonable steps that are currently being taken and of the control measures used to discourage "backsliding."

Example:  A driver with a speeding problem who shows evidence that a cruise control has been installed in the vehicle and plans to activate the cruise control on freeways, may have a greater chance of following through on a promise to slow down.

Any plans presented will be examined in light of the driver's credibility and past actions in these circumstances.

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Remorse and a pledge to drive safely

Mitigating factors include remorse and a pledge to drive safely and obey all traffic laws.

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You have to drive for work purposes

If you have to drive for work and present proof of the mileage that you drive for work purposes the DMV might allow you to have a restricted license so you can deep driving for work purposes only.

Vehicle Use and Mileage

Vehicle Use. "Use" is interpreted to include the driver's total vehicle use as well as use for work, school, medical treatments, or other routine activities the driver regards as significant.

"Mileage traveled" includes both employment and nonemployment mileage.

Example:  She previously drove a taxi in downtown San Francisco; she recently quit the job and is now working as a waitress.

The Vehicle Code does not limit consideration to employment related driving, nor does it specify how the driver's amount of use and mileage should be weighed.

Please contact us to discuss any questions you might have regarding DMV Hearings for having too many points (negligent operator).

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Hardship

😩In some cases, the driver may present mitigation relating to hardship. Hardship may include situations where:

  • The driver is a major contributor or sole provider of his or her family income.
  • Alternative transportation is not available for significant, routine activities, such as school, medical treatments, or employment.
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Restricted License

In a Negligent Operator Hearing the DMV may possibly allow you to have a restricted license in order to drive for work, under Vehicle Code 12812.

 

dmv hearing attorneyWe can help with your DMV Hearing in Los Angeles County

We have handled all types of DMV Hearing and can help you with yours. Call us to speak with a Los Angeles Traffic Attorney for a free legal consultation (310) 285-1516.
If you were arrested for a DUI in Los Angeles County, you can contact our office (310) 285-1516 and we will obtain a stay and a DMV hearing for you.

See also :-

  • Negligent Operator letter from DMV (Negligent Operator DMV Hearing)
  • Points on your license

Contact Us

Filed Under: Attention, California DMV


This website has been created by the Law Office of Pardoe & Associates, Traffic Ticket Attorneys. We help with traffic ticket problems in Los Angeles County and Orange County, including driver's license problems, DUI, debt collection agencies used by the traffic courts, warrants, court appearances & more. Call us at (310) 285-1516 for a free legal consultation.

We fix your license problems. Call us now so we can help you (310) 285-1516.

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This website is not a guarantee, warranty, or prediction of your case. The material on this website is for general informational purposes only in California, USA. It is not legal advice or provided in the course of an attorney-client relationship. The information is general in nature and is not intended to indicate what the results will be in your specific case.

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