QUESTION

What happens if I go to my DMV hearing and show no probable cause?

Asked on Aug 10th, 2012 on DUI/DWI - California
More details to this question:
For example, what if I take a lawyer or by myself and have the officer say that I didn't committ any vehicle code violation, nor a traffic violation that warrants any stop? Even though I know I wasn't driving,
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7 ANSWERS

If there was no justification for the stop, then any evidence collected as a result should be thrown out at a 1538.5 hearing. But, the rules on vehicle stops are tricky. Police can pull you over for virtually any reason. They key usually is whether they detained you for an inordinate period of time and/or whether or not the search exceeded the scope of their authority based on their reason/excuse for stopping you. You should not try to do this alone. Consult an attorney. If you truly weren't driving, the prosecutor should not be able to convict you since driving is an essential element of a DUI charge that the prosecutor must prove beyond a reasonable doubt. Again, however, the devil is in the details. So, again, you should retain an attorney to protect your rights instead of trying to handle the case yourself.
Answered on Aug 16th, 2012 at 9:33 AM

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Criminal Defense Attorney serving Santa Ana, CA at Law Offices of Paula Drake
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Both elements need to be proven I.e. the probable cause for the stop and that you were the driver/driving the vehicle. I suggest you get a lawyer to represent you since you may have a chance to save your license.
Answered on Aug 16th, 2012 at 1:11 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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They return your license to you.
Answered on Aug 16th, 2012 at 1:08 AM

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If you weren't driving I don't know why you have a DMV hearing.
Answered on Aug 16th, 2012 at 1:04 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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If the DMV hearing officer finds no cause for arrest, then your DMV suspension is cancelled. No police officer is going to admit he had no cause to stop and arrest.
Answered on Aug 16th, 2012 at 1:02 AM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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Without probable cause the case should go away.
Answered on Aug 16th, 2012 at 12:54 AM

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If the officer who arrested you will say you didn't violate any VC, then yes you will win the hearing. But for that to happen frogs would have to fall off from the sky.
Answered on Aug 16th, 2012 at 12:52 AM

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