Skip to main content

Does my DUI lawyer or the div have to inform me of the div hearing date so I could have been present .

Paso Robles, CA |

I 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 .

+ Read More

Attorney answers 4


Contact your attorney as soon as possible.

Marcus W. Morales, Esq.
115 W. Mission St.
Santa Barbara, CA 93101
(805) 845-5405

All content posted on and is for educational purposes only and should not be relied on as legal advice. Any information conveyed to, or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.


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!

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


Contact your attorney without delay, to discuss what options are available, such as Dismissal Hearing or Departmental Review v. Writ of Mandate.


Yes contact your attorney ASAP to determine your options. Timelines are very important.

The communication above is provided for informational purposes only. It is not legal advise and does not create an attorney client relationship with anyone. Please consider the information above and get competent legal advise from your trusted advisor.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer