Contact your attorney as soon as possible.
Marcus W. Morales, Esq.
115 W. Mission St.
Santa Barbara, CA 93101
All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to marcusmoraleslaw.com, avvo.com 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 Avvo.com 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.
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.
DUI DUI traffic stop DUI as a criminal offense DUI and DMV hearings DUI charges DUI appeal DUI and driver's license penalties DUI and suspended license Criminal defense Criminal charges Crimes against society Defenses for criminal charges Criminal court Appealing a criminal conviction License suspension for traffic tickets Appeals
Sign up to receive a 3-part series of useful information and legal advice about DUIs.