One of the most important steps that any individual can ever take immediately after getting a traffic ticket of any kind is the DMV administrative hearing. These hearings will allow the individual and their traffic ticket attorney a chance to appeal lesser charges, hear a full list of their charges, and also begin the process of avoiding a license suspension depending on the type of ticket that has been received.
All traffic tickets are broken down into three main 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 often 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 generally moving violations that could possibly cause harm to a person or damage to property. Some of the most common misdemeanors include red light violations, illegal lane changes, and certain types of speeding charges.
The final and most severe violation that can be received while on the road is the felony. Felonies will immediately require a full trial by jury and some instances of felonies are repeat offenders for DUIs, vehicular manslaughter, and hit and runs in some instances. For many felonies, the driver will not have the option of a DMV administrative hearing. They may have their license completely suspended on the spot, not getting it until the conclusion of the trial. They may immediately be taken into custody as well and stay 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 particularly necessary for those that have received a DUI or DWI in order to protect their 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 appropriate 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.
In a hearing, the individual and their legal representative will also have the option of requesting a hold on any license suspensions until the conclusion of the trial, if one is required. This is extremely important so that the individual can continue to go to work, run errands, and carry out all other aspects of their life without interruption.
Any person 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 preserve your ability to drive.