My court date (arraignment) is 9/23, and the DMV hearing is for tomorrow, 9/20. Should I request a continuance to the DMV hearing pending the outcome of the arraignment and possibly the entire criminal case? Or should I try to argue at the DMV hearing tomorrow prior to the criminal case? Summary: I was parked, was not intoxicated, did not drive for 2+ hours before officer arrived, refused test, i do/did not feel officer had probable cause. i made no admission of drinking, I was not read miranda rights. No officer had witnessed me driving at anytime. Thanks to those that respond.
DUI / DWI Attorney
Yes assuming the DMV will allow the continuance, which they typically will not on one day notice. You would like to have your arraignment prior to the DMV hearing. Make sure you have an attorney. This is not a do it yourself project.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
Waiting for the court case to finish is not good cause to continue the DMV hearing. Moreover, court outcome has no effect on DMV nor does DMV have any effect on the court case. You should request a continuance to hire an attorney. I've seen too many people try to do the DMV hearing on their own only to realize after the fact that they should have hired someone.
The DMV hearing is not "just" a DMV hearing. It is an invaluable tool that can help a knowledgable attorney better prepare the court case.
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I would highly recommend that you hire an attorney to handle this DMV hearing (as well as the criminal matter). Sounds like you may have a good case, but often proper arguments and case law have to be made to have a chance (even in good cases). There is procedure involved in both DMV and Court hearings. If you try to handle on your own without an Attorney who is familiar with the procedure (and how to properly fight these cases, and the applicable law and case precedent) you will be doing yourself a dis-service and putting your license and criminal record at additional risk.
Hearing Officers often require good cause for a continuance. If you hire an attorney who subs in tomorrow morning before the hearing, the new attorney would have a better chance of getting the continuance to allow them time to prepare (or based on another court conflict).
But yes, getting a continuance is a good idea.
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It sounds like you may have very favorable facts. However, if you handle this without an attorney, you will almost certainly lose. You should hire an attorney immediately. I say this having participated in hundreds of DMV hearings, as well as speaking with those who have handled such hearings without counsel.
If you hire an attorney, they can request a continuance due to the short time frame and need to properly review your case.