Pro's and cons of in-person vs. telephonic DMV Hearings by Darren Kavinoky

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Pro's and cons of in-person vs. telephonic DMV Hearings
by Darren Kavinoky

Pro's and cons of in-person vs. telephonic DMV Hearings

The Administrative Per Se (APS) hearings are held in the DMV Driver’s Safety Office nearest to the location of the arrest. The APS hearings are run by hearing officers. The request for the APS hearing must be made within 10 calendar days of the arrest, or else the defendant’s license will be suspended.

The APS hearing may be conducted in two ways: telephonically or in person. There are pros and cons to each method.

Telephonic APS Hearing

APS hearings are usually scheduled as telephonic. Telephonic hearings are the least expensive and most convenient method of hearing for the DMV.

An APS hearing by telephone has the advantage of saving time for all involved parties. The DMV has closed a number of Driver’s Safety Offices, causing open office to be busier and a hearing by telephone makes it easier for them to hear more cases on a daily basis.

The DMV will set up a time to conduct the hearing. The Driver’s Safety office will call the lawyer at the designated time. All parties identify themselves for the record, as the proceedings are recorded in order to make a permanent record of the hearing.

If the lawyer has a good relationship with the hearing officers, then a telephonic hearing is perfectly all right.

Where there are no live witnesses, the telephonic hearing is a good option. If there is expert testimony submitted via declaration, the declaration is read into the record. The advantage to this is that there may be no cross-examination and the defendant’s expert testimony stands on its own.

In-Person APS Hearing

As mentioned above, the DMV will usually set up a telephonic hearing by default. However, once legal representation is retained, the attorney can most likely reschedule the telephonic hearing to an in-person hearing.

An APS in-person hearing is most advantageous where there will be live witnesses. The defense attorney can do a more effective cross-examination of the police officer and better gauge the flow of questioning if it is face-to-face.

An in-person hearing allows the attorney to relate personally to the hearing officers, which goes a long way when it comes to their rulings.

The disadvantage to an in-person hearing is that it takes more time. This time ends up costing the client more money because of the driving and hearing time as well as the cost of having an expert, when applicable.

If you or a loved one was arrested for DUI, please contact a skilled defense lawyer immediately.

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients