DMV HEARING OVERVIEW
Administrative hearings conducted by the DMV differ from court trials because they have relaxed evidence standards and take place before a DMV Driver Safety Officer. They provide an opportunity for individuals to contest actions taken against their driving privilege. The hearing proceedings are tape recorded and are conducted by telephone or in person.
COMMON DMV HEARINGS
The three most common DMV hearings are (1) DMV APS Hearing for DUI related actions, (2) DMV Negligent Operator Hearing for having too many points, and (3) Medical Reexamination Hearings for having a medical condition which may affect your ability to operate a vehicle safely.
At the hearing, the driver is informed of the legal grounds for the action, has the opportunity to review and challenge the evidence, and to present evidence, witnesses and testimony to persuade the department not to take action. The rules that control these hearings are found in the Vehicle Code, the Government Code, and in various Appellate and Supreme Court rulings. Following the hearing, the Driver Safety Hearing Officer will decide to uphold or set aside the DMV action.
REQUESTING DMV HEARING – TIME LIMITS
Check the notice you received advising you of the action against your driving privilege. If the notice indicates you have the right to a hearing, you have the specified number of days indicated in the notice to request a hearing. If you do not make a timely request, your right to a hearing will be forfeited.
IT’S IMPORTANT TO READ THE DOCUMENTS
Read all the documents you were personally provided or that were mailed to you by DMV. These documents explain the issues involved in your case, what deadlines you must meet, and your rights in the administrative hearing process.