There exists a plethora of ways that the California DMV can suspend a person’s drivers license. Fortunately, a DMV Hearing Attorney can fight those suspensions and each and every person facing the loss of their license has the right to do so. Among the most common types of license suspension proceedings are APS, due to a DUI, a negligent operator, due to too many points, or a medical or lack of skill due to some mental or physical condition.
According to Matthew Ruff, a Torrance DMV Hearing Attorney who has personally conducted thousands of hearings at the DMV driver safety, the law tends to favor the state in suspension actions. This is largely the result of favorable evidentiary rules that allow the department to suspend without any actual live witness testimony. In fact most DMV hearings that take place are based essentially on paperwork and forms. For example, the most favorable rule that helps the DMV to take action against a person’s driving privilege is the “official duty presumption” that says a police officer or any other government employee is presumed to be correct and follow their official duty and to act in accordance with that duty. This rule puts the licensee in the position of presenting evidence to rebut that presumption in order to overcome a written report that may disfavor the licensee. There are a myriad of other laws, rules and codes that can hinder a driver in fighting a suspension on his own. It is for this reason that hiring a DMV hearing lawyer makes sense. Most attorneys that conduct hearings regularly know the nuances and technical loopholes that can save a license.