One of the most necessary steps that any driver can ever take immediately after receiving a traffic ticket of any kind is the DMV administrative hearing. These hearings will allow the individual and their traffic ticket lawyer a chance to appeal lesser charges, hear a full list of their charges, and also start the process of avoiding a license suspension based on the type of ticket that has been received.
All traffic tickets are broken down into three primary categories. These categories are divided by the severity of the infraction and the amount of penalties that will come along with a conviction. The least serious ticket is the basic infraction. Infractions are frequently handed out for minor violations such as an illegally tinted window or if the registration tags have expired. A step up from the infraction is the misdemeanor. These are usually moving violations that could likely cause harm to a person or damage to property. Some of the most typical misdemeanors are red light violations, illegal lane changes, and some forms of speeding charges.
The final and most severe violation that can be received when on the road is the felony. Felonies will immediately require a full trial by jury and some cases of felonies include repeat offenders for DUIs, vehicular manslaughter, and hit and runs in some cases. For some felonies, the individual will not have the option of a DMV administrative hearing. They may have their driver's license completely suspended on the spot, not receiving it until the conclusion of the trial. They may immediately be taken into custody as well and remain there until bail has been paid or until they are able to see the judge.
The most common need for a DMV administrative hearing will come about after a driver has received a misdemeanor ticket. These hearings are especially needed for those that have received a DUI or DWI in order to protect their driver's license as well as their record. These administrative hearings will allow the driver and their traffic ticket attorney to hear all of the initial charges as well as well as any relevant information such as readings from the radar guns, the chemical testing results, the law enforcement officer's statements, and the background of the law enforcement officer.
During a hearing, the driver and their legal representative will also have the choice of requesting a hold on any license suspensions until the conclusion of the trial, if one is needed. This is very important so that the driver can continue to go to work, run errands, and carry out all other aspects of their life without interruption.
Anyone that has recently received a ticket should speak with a legal representative to see if a DMV hearing may be right for them.
Amir Soleimanian, California DMV hearing attorney, can help you successfully navigate these hearings to maintain your ability to drive.