If you or a loved one has been charged with DUI/DWI, it is critical to review the information in this module. If you have any further questions, please contact a skilled DUI defense attorney as soon as possible.
Pros and Cons of In-person vs. Telephonic DMV Hearings
This module gives information to anyone charged with DUI or anyone needing information on drunk driving.
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Pros and Cons of In-person vs. Telephonic DMV Hearings
The Administrative Per Se (APS) hearings are held in the DMV Driver's Safety Office nearest to the location of the arrest. The APS hearings are run by hearing officers. The request for the APS hearing must be made within 10 calendar days of the arrest, or else the defendant's license will be suspended.The APS hearing may be conducted in two ways: telephonically or in person. There are pros and cons to each method.
Telephonic APS Hearing
APS hearings are usually scheduled as telephonic. Telephonic hearings are the least expensive and most convenient method of hearing for the DMV.
An APS hearing by telephone has the advantage of saving time for all involved parties. The DMV has closed a number of Driver's Safety Offices, causing open office to be busier and a hearing by telephone makes it easier for them to hear more cases on a daily basis.
The DMV will set up a time to conduct the hearing. The Driver's Safety office will call the lawyer at the designated time. All parties identify themselves for the record, as the proceedings are recorded in order to make a permanent record of the hearing.
If the lawyer has a good relationship with the hearing officers, then a telephonic hearing is perfectly all right.
Where there are no live witnesses, the telephonic hearing is a good option. If there is expert testimony submitted via declaration, the declaration is read into the record. The advantage to this is that there may be no cross-examination and the defendant's expert testimony stands on its own.
In-Person APS Hearing
As mentioned above, the DMV will usually set up a telephonic hearing by default. However, once legal representation is retained, the attorney can most likely reschedule the telephonic hearing to an in-person hearing.
An APS in-person hearing is most advantageous where there will be live witnesses. The defense attorney can do a more effective cross-examination of the police officer and better gauge the flow of questioning if it is face-to-face.
An in-person hearing allows the attorney to relate personally to the hearing officers, which goes a long way when it comes to their rulings.
The disadvantage to an in-person hearing is that it takes more time. This time ends up costing the client more money because of the driving and hearing time as well as the cost of having an expert, when applicable.
If you or a loved one was arrested for DUI, please contact a skilled defense lawyer immediately.
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by NoCuffs
Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law... (more)
