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How long can the DMV postpone a DUI DMV Hearing while they are waiting for a police report and other evidence?

Fontana, CA |

How long can the DMV postpone a DUI DMV Hearing while they are waiting for a police report and other evidence?

Attorney Answers 3

Posted

Typically 100 days. They can cancel the action and renew it when they receive discovery.

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Posted

I'm not aware of any deadline as long as there is a stay on the CDL suspension because there is no prejudice to the driver. There was a time when DMV would set aside the suspension if they didn't have the reports in 45 days but that hasn't happened for many years.

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Posted

Technically, so long as they have issued a stay of suspension, it can be indefinitely until they get all documents they need to proceed. In San Bernardino Driver Safety, the continuance is typically 1-1.5 months at a time. However, a good attorney with working knowledge of DMV procedures and good relationships with the Hearing Officers can sometimes work out a straight dismissal after 1-2 continuances for failure to obtain reports.

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