Administrative hearings conducted by the Department of Motor Vehicles (DMV) differ from court trials– they feature more relaxed standards of evidence and procedure and take place before a DMV Driver Safety (DS) Officer. They provide a fair and impartial forum for individuals who have received notification that an action is being taken against their driving privilege and wish to contest the action. This is a general guide for those entitled to request a DS administrative hearing and to help you understand how to prepare for your hearing. You must request an administrative hearing within 10 days of receiving personal service or 14 days from the date the notice is mailed. If you do not make a timely request, your right to a hearing will be forfeited.

Not all administrative hearings are the same. This guide may not provide all the information you may need to prepare for your individual hearing. If you have any questions regarding how a hearing is conducted, contact any of the DS offices listed in this publication.

Note: Administrative hearings for drivers who hold a special certificate may not be conducted in the same manner as described in this publication.

Remember: Read all the documents you were personally provided or that were mailed to you by DMV. These documents explain the issues involved in your case, what deadlines you must meet, and your rights in the administrative hearing process. The hearing will be limited to the issues listed in the documents.

Why Do I Need a DMV Hearing?

The administrative hearing provides an opportunity to present relevant evidence or testimony on your behalf regarding an action taken or the intent to take action against your driving privilege by DMV. You may also have to appear in court for the same reason DMV is taking action against your driving privilege. Actions taken by the court are independent of any action taken by DMV.

What Are My Hearing Rights?

You have the right to:

Be represented by an attorney or other representative, at your own expense.

Review the evidence and cross-examine the testimony of any witness for DMV.

Testify on your own behalf.

Cross-examine opposing witnesses.

Subpoena witnesses and/or documents.

Introduce evidence on your behalf.

A full and fair consideration of the facts by an impartial person.

A Department Review and/or judicial appeal of any adverse decision.

Sometimes you need representation in a court of law...and sometimes you need help going up against the DMV. Mark Dickerson can help keep your butt out of a sling, but you've got to keep your job or it doesn't matter much. Contact him today!

A Attorney Mark Dickerson

Valencia, CA Office: (800) 961-4529

Bakersfield, CA Office: (661) 327-9438

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