How do I postpone my DMV hearing?

Asked about 5 years ago - Los Angeles, CA

I was just cited for a possible second DUI. For my own valid reasons, I refused to blow at the scene.

Luckily, I have a family friend that practices DUI law. He said my DUI case is extremely weak and I have a great chance of either beating it in court or walking away with a lesser charge.

Still, given the refusal, he said my case will be tougher to win at the DUI hearing unless I've beaten the DUI charge in court. My DMV hearing takes place before my court arraignment, at which I will plead "not guilty."

So, after all that, my simple question: How do I postpone my DMV hearing until after I'm finished in court?

Attorney answers (4)

  1. Lynn Gorelick

    Contributor Level 9

    1

    Lawyer agrees

    2

    Answered . You have an absolute right to be represented by an attorney at your DMV hearing. If you have not secured an attorney on the date and time your hearing is scheduled for, you can request a brief continuance to secure counsel. This are generally granted by the hearing officer assigned to your matter.

  2. Brian Neal Gurwitz

    Pro

    Contributor Level 11

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    Lawyer agrees

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    Answered . If you're represented by private counsel, you should ask that attorney to seek a continuance with the DMV. You should beware, though, that even "beating" the charge in court does not guarantee you that the DMV hearing officer will reach the same result.

    Good luck,

  3. Amy Treanor Morell

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . Special laws apply to refusal cases. The DMV hearing is independent of the court matter. Even if you win in court, that will have little to no effect on the DMV hearing.

  4. Paul Samuel Geller

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . Quite simply, hire a lawyer that knows what they are doing, especially given your already incorrect statement about winning in court and then taking it to the dmv!

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