Home > Research Legal Advice > DUI / DWI > Does my DUI lawyer or the div have to inform me of the div hearing date ...
Asked 3 months ago - Paso Robles, CA
FlagI was stopped on June 20th 2012 for a rolling stop , tested . 090 , my attorney got it reduced to a wet reckless . applied within 10 days for the div hearing . never heard back about it . received a letter from the div stating I now had 2 points on my license . on Feb 21 2013 received another letter from the div stating they had suspended my license . neither my attorney or the div told me about it .
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Contact your attorney right away and find out what happened. Though they technically don't have to tell you when the hearing is, they should as a matter of course simply because its your hearing. You have a right to be present, at least, if you wish.
With a BAC of .09, and after a reduction in Court, your Attorney should have been considering hiring a Forensic Toxicologist to testify at the DMV hearing regarding a "rising BAC" if it is a viable argument to make (depending on the details). The experts usually charge several hundred dollars and its not usually something that is included in an attorney's fee. However, advising you of the need would have left that decision for you to make. The expert likely would have helped.
Anyway, get in touch with your Attorney, ask about the options to appeal - there are two depending on the effective date of the suspension from DMV. First option is a Departmental Review. Second option is a Writ of Mandate to the Superior Court. Additionally, you might be able to request a "Dismissal Hearing" with the DMV and get a second crack at the "regular" DMV hearing.
Don't delay on any of these, as they are all time-sensitive so get in touch with your attorney ASAP!
Contact your attorney as soon as possible.
Marcus W. Morales, Esq.
115 W. Mission St.
Santa Barbara, CA 93101
(805) 845-5405
www.marcusmoraleslaw.com
