QUESTION
If I missed my DMV hearing is it possible to get it rescheduled or do I have to deal with not having a license for a whole year?
Asked on Jul 09th, 2012 on DUI/DWI - California
More details to this question:
I missed my DMV hearing (marijuana DUI) and now I have to deal without having a license for a whole year. Is there any way to reschedule the hearing to get my license back? I got arrested on April 8th of this year and when I was picked up most of my paperwork flew out the window when we had a cigarette so when I went over it when I got home I just figured that my court date on May 29th was for the whole deal, and when I showed up the court system is so backed up that the DA hadn't even filed my case yet. The attorney that I spoke to over the phone said that there was no hope in getting my license back.
9 ANSWERS
Family Law Attorney serving Alameda, CA
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The Derieg Law Firm
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Unfortunately, the DMV will not re-schedule a DMV hearing. You will have to wait for the local count DA's office to charge you. Once you are charged, if you resovle the case, you can ask the DMV for a restricted license once you enroll in the DUI classes. Problem is... if your DUI is only from marijuana you really should fight this case. Sole marijuana cases are difficult to prove, and you should really consult an attorney who specializes in dui defense.
Answered on Aug 10th, 2012 at 4:27 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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DMV hearings are only for alcohol cases. If you were under 21 and were convicted of dui, then you would lose your license for 1 year. If this was a refusal then you lost your license for one year. If this was a regular 1 st time dui you would lose your license for 6 months, but if you register for dui classes, prove to the dmv that you have liability insurance, and pay a reissue fee you could get a restricted license after your license was suspended 30 days.
Answered on Aug 10th, 2012 at 4:18 PM
At the discretion of the hearing officer, a continuance of an adminsitrative hearing or known as a DMV Driver's License suspension hearing may be granted if you can show there is "good cause.Your request for continuance must be made within 10 working days after you discovered or should have reasonably discovered the grounds for a continuance. What is "good cause?" Well, clear examples are death, injury or illness of your attorney, you or an essential witness.
Answered on Aug 10th, 2012 at 4:13 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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The DMV hearing is only for alcohol related offenses. The hearing you must schedule deals with 3 issues: were you driving? were you lawfully arrested? Was there a chemical test within 3 hours that showed a blood alcohol level of 0.08% or more in your system? If this DUI is NOT alcohol related, there shouldn't have been any suspension of your license unless you're convicted of DUI in court. Something's not adding up here. You probably should sit down face to face with a defense attorney and discuss this further.
Answered on Aug 10th, 2012 at 4:12 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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If you were given a 30 temporary license at the time of your arrest, and failed to request a hearing in time, or had a hearing scheduled and missed it (and you were not hospitalized at the time, or something of like that), then it will be unlikely that the DMV will schedule a DMV hearing at this point. Is this a refusal or under 21 years old case? Or is it a 2nd or more DUI offense? Depending on the situation, an acquittal can over ride the DMV ruling against your license. Whatever the situation regarding the DMV, you should hire an experienced DUI attorney to handle the criminal portion of your case. (It would have been helpful to have an attorney for the DMV matter as well, if it is not too late for that....)
Answered on Aug 10th, 2012 at 4:11 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You'll have to contact DMV to beg and try to reschedule, or file an appeal on "good cause" for the default loss.
Answered on Aug 10th, 2012 at 4:11 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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The DMV can schedule a missed hearing if it finds good cause for not having scheduled it previously. I have sometimes-rarely-been able to do this when, for instance, the client called the local office and was told that he had to wait for the arraignment (wrong information). But it's not easy and it's not guaranteed-most requests are denied.
Answered on Aug 10th, 2012 at 4:09 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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You missed it then the notice clearly advises the procedure.
Answered on Aug 10th, 2012 at 4:07 PM
You can do a late request. You'll need to hire an experienced DMV attorney to make the late request, because regular excuses won't fly.
Answered on Aug 10th, 2012 at 1:51 PM