Can I take an attorney to the administrative hearing at the DMV? 21 Answers as of July 11, 2013

Since it is technically not a court, can an attorney still help me?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
Yes, you can have an attorney represent you but it is not required. You can go on to the California Motor Vehicles website and look under Administrative Hearings for more information.
Answer Applies to: California
Replied: 7/26/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Yes an attorney who is familiar with those hearings can be very helpful.
Answer Applies to: California
Replied: 7/25/2011
Law Office of Michael Bialys THE DUI MAN
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
It's actually recommended.
Answer Applies to: California
Replied: 7/11/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes.
Answer Applies to: California
Replied: 7/24/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Yes, our law office represents people at DMV Hearings all the time. We can help you. You can go to wklaw.com and read more about how we help people with their DMV issues.
    Answer Applies to: California
    Replied: 7/11/2013
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    Yes, and you should not be doing an APS hearing at DMV without an experienced DUI lawyer. The same lawyer should be handling your DUI case in court.
    Answer Applies to: California
    Replied: 7/24/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    Yes, in fact if you have an attorney for the APS hearing with the DMV you may not need to be there. You should speak with a criminal defense attorney right away so they can request discovery and decide if officers should be subpoenaed to the hearing, as well as if your presence will be necessary. The DMV hearing can have a large impact on the rest of your case so it is very important that you speak with a criminal defense attorney about conducting the hearing for you.
    Answer Applies to: California
    Replied: 7/24/2011
    Law Office of Barry Melton
    Law Office of Barry Melton | Barry Melton
    Yes, you can have an attorney represent you at a DMV administrative hearing; and, depending on the facts of the case, having an attorney at the hearing can be of enormous help. DMV hearing officers are particularly schooled regarding the procedural aspects of lawful stops, tests and arrests; accordingly, if your case has procedural defaults it is sometimes possible to bring a successful challenge at the administrative hearing. But win or lose, an attorney at a formal DMV hearing can be of great advantage in a close case, as the testimony given at the hearing can be ordered from the DMV in transcript form for later use at trial. Unlike the trial setting, where a law enforcement officer often has the opportunity to discuss his or her testimony with a prosecutor in advance, officers at DMV hearings are most often unrepresented. A favorable cross-examination of a law enforcement contained in a DMV transcript can be a powerful tool for the defense at a subsequent trial. Having said all that, it would be best to discuss the particular facts of your case with an lawyer with DUI litigation experience before making a decision as to whether or not to proceed with a formal hearing accompanied by counsel.
    Answer Applies to: California
    Replied: 7/24/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Yes, and you should never do those by yourself.
    Answer Applies to: California
    Replied: 7/23/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    YES!
    Answer Applies to: California
    Replied: 7/23/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Yes! You SHOULD hire an attorney for that hearing. DMV hearings have many technical defenses/arguments ray can be made that ate not readily apparent to the lay-person. Even some lawyers who don't practice In DUI cases do not know of some of these arguments.
    Answer Applies to: California
    Replied: 7/23/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course you can. In fact, it is considered suicide if you attend a DMV hearing by yourself (you have ZERO chance of winning).
    Answer Applies to: California
    Replied: 7/23/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Yes, you should have an attorney at the DMV hearing. Whether an attorney can help you cannot be predicted but it is certainly betters the chances.
    Answer Applies to: California
    Replied: 7/23/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes, you have a right to counsel.
    Answer Applies to: California
    Replied: 7/23/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    Yes. Most DUI attorneys are also experienced in handling DMV Admin hearings. Find one that does both.
    Answer Applies to: California
    Replied: 7/23/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Yes you can and should. In 15 years of practice as a DUI attorney, I have never heard of anyone winning their DMV administrative hearing without an attorney representing them. An attorney is truly a must to have any chance of success.
    Answer Applies to: California
    Replied: 7/23/2011
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