San Fernando Valley Criminal Defense Attorney

Valleys Top Rated Criminal Defense Attorney

DMV Hearing Attorney

I have been battling it out with the Department of Motor Vehicles (DMV) for the past twenty five years. As a dui defense attorney, when I meet with clients I am always honest and straight forward when it comes to the DMV. In my opinion, they are some what of a "Kangaroo Court" and it is very difficult to get them to set aside a suspension unless you have a good angle. Those attorneys who come up with a bunch of defenses in the initial meeting when they meet or talk to the potential client are not fooling anyone. A defense is only as good as the facts that support it! Come in and get the straight scoop on your case so you walk away with a real understanding of what you are up against, what you can expect out of your case and what we can do to help you.

The problem with how the system is set up, in my opinion, relates to the fact that the DMV hearing officer is playing conflicting roles as it relates to the hearing itself. They must put on the evidence, like a prosecutor in a criminal case, and rule on objections (to their own evidence) and decide the final outcome of the hearing like the judge in a criminal case. This leaves a glaring conflict of interest, which can not be resolved unless some neutral entity were to take over making the final decisions related to DMV hearings. Combine this with the fact that the hearing officer is not an attorney, typically does not understand the rules of evidence and lets in all kinds of hearsay evidence, and you have a real mess on your hands.

In my view, the only way to beat them is to find a glaring problem with their case and make sure you flush it out and argue it in such a way that they can not get out of it! They do not like to lose cases and will stop at nothing to prove their case. They are far from neutral and only the most savvy dui defense attorney can effectively challenge and beat them.


As I write this post, I have just finished a DMV hearing and it looks like we have a good chance of getting a set aside. In this particular case, the main witness who allegedly saw my client driving could not remember the time of the driving or give a description of what my client was wearing on the night in question. This is an example of a scenario where there is an angle to win the DMV hearing. Without the time of driving, the question becomes, "how does the DMV prove what my client's blood alcohol level was at the time of driving, if they do not know the time of driving?"

As you can see from the above example, this is not some dui trick that the defense has come up with to save the day. This is a legitimate common sense problem. Even if my clients' blood alcohol level is over the legal limit when they test him, the only thing that really matters is what it was at the time of driving. Without being able to pinpoint the time of driving this creates a huge problem for the DMV.

Other issues related to problems that the DMV can not overcome relate to, issues with the breath machine, time lapses between the person driving and them testing, comtamination of the person blood, not properly advising the person of their choice between blood or breath tests, illegal stops and a whole host of other issues that apply on a case by case basis.


In order to suspend someone's driver's license related to a dui in LA, the DMV must show that the person was lawfully stopped, lawfully arrested and was driving a motor vehicle with a blood alcohol result of a .08 or greater. This sounds easy, but there are all sorts of issues that can crop up along the way.

For example, what if the police do not actually see the person driving and come along after an accident. In this scenario, they are going to need to obtain evidence that the person they want to arrest was actually driving the subject car. Another issue they will have to deal with is pinpointing when the person was driving. This is not always easy, but it is important because having a blood alcohol reading means nothing, unless they can figure out when the person was driving for purposes of using an expert to extrapilate backwards to figure out the person's BAC at the time of driving.

The Perfect Defense
Contact Us

The Hedding Law Firm

Phone: (818) 986-2092 | (866) 986-2092
The Hedding Law Firm
Phone: (818) 986-2092
Encino-San Fernando Valley Address:
16000 Ventura Blvd #1208 Encino, CA 91436
View Map
Los Angeles-Downtown Address:
445 South Figueroa St
Los Angeles, CA 90071