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The Law Offices of Virginia L. Landry, Inc. specializes in Department
of Motor Vehicle (DMV) cases. We have extensive experience before
the DMV and bring a high level of skill and knowledge to these types
of cases.
The Department of Motor Vehicles uses its broad powers to allegedly
keep those persons most likely to create a traffic hazard off the
road. Statistically speaking, when there is contact with the DMV,
the administrative process is designed to take away the license.
There are five basic types of DMV hearings that you might be exposed
to:
- Administrative Per Se (APS)
- Fraud
- Negligent Operator
- Physical and Mental
- Fatality
The most common hearing is the Administrative Per Se hearing.
Starting with major changes in the California statutes in approximately
1990, those persons faced with driving under the influence cases
also risk the loss of their drivers license privileges, sometimes
for a substantial time.
California Law provides the driver with a hearing where the DMV
wants to determine if the suspect was lawfully stopped, legally
arrested and were the results accurate and reliable, in excess of
a 0.08% blood alcohol concentration.
The lenght of the possible suspension is determined by a variety
of factors, such as whether or not there are any "prior offenses",
a refusal to complete a test, or other drugs or medications which
could affect the ability to safely operate a vehicle.
Since there are strict time periods to request a hearing, please
call us immediately and we will set that hearing on your behalf.
Each hearing has different issues and the ability to win a Set
Aside Order (the ultimate goal in any DMV hearing) depends on the
circumstances of your individual facts. We can help you set up the
hearing and prepare you to testify if necessary. Our objective is
to have you return to lawful driving as soon as possible.
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