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I’ve just been arrested for DUI. What happens now?
You’ve just been arrested for DUI. What happens now? wel according to California DMV:
The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
That comes straight from the California DMV website (https://www.dmv.ca.gov), and if you read that you are probably still left with questions.
At this point i would suggest that you contact an Attorney to assist you through this process. Having someone who has been through this and understands the in’s and out’s of a DUI arrest. A person can go through the California DMV website and navigate the court process on their own, but with so much at stake you have to ask yourself is it worth the risk? A lawyer who handles DUI cases will already have a system in place so as not to miss dates and deadlines, along with special requests that can be made to possible avoid suspension of your license until after the court.
You have to remember that this is a 2 fold process, there are the DMV proceedings and the court proceedings and both must be handled with precision, in order to limit negative consequences.
Using a public defender on a drug charge can be risky. First of all using a public defender on any case can be problematic, considering the budgetary restraints of the court systems.
If you think about it, a public defender gets a stack of cases to deal with that day. Now you are one of the files, he received on his way to court that day. Then the public defender confers with the city attorney to see what the “deal of the day is”, and then it is your turn. Every drug charge that day in a certain category get “X”, the other get “Y” and finally the last group get “Z”. This could be good for you depending on what your case involved.
But if you are trying to protect your livelihood and avoid serious repercussions, or are innocent. You could be serving jail time anyways. The public defender just does not have the time or resources, to research, analyze and properly defend ever single case. Their job is to provide adequate legal representation for those who can not afford a lawyer. They are really good at that!
But when you have your livelihood and your freedom hanging in the balance, it is like taking your rent to Vegas and and the 29th of the month, could turn out fantastic, or it could turn out very badly.Ultimately it your choice whether to use a public defender on a drug charge or hire an attorney.
Hiring a private attorney usually insures that every aspect of your case has been researched and every possible solution has been attempted prior to going to court. Some cases even drug charges can be resolved prior to the court hearing. An attorney will employ his entire staff to keeping you out of jail and trying to resolve the case as quickly as possible, without any lengthy court trials. Attorneys do not make money letting cases drag on indefinitely, it is in their best interest to get it handled in timely manor.
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