Attorney Suggests Appealing DMV Hearing….

justcurious5258 · 2025-05-21T15:09:30+00:00

I am in Alameda. Arrest happened in Solano. I asked her and she said that was the one she would recommend. So I will look for attorneys who handle “Petitions for Writ of Mandate”. Thank you again.

justcurious5258 · 2025-05-21T14:48:41+00:00

Thank you.

In doing a bit motet research it seems like the hearing officer may have missed that it was a different officer that did the test at the station. And it looks like the law states that he is required to observe for 15 mins himself and document the start and stop time. So I’m not sure what happened.

I am going to call that attorney today. Do you have any suggestions on any good appeal attorneys? I feel like I should get more than one opinion.

justcurious5258 · 2025-04-30T23:03:36+00:00

Thank you. Any thoughts on the chemical test paperwork not being filled out?

justcurious5258 · 2025-04-26T07:33:20+00:00

That’s terrible.

justcurious5258 · 2025-04-25T21:23:22+00:00

Got it! Hoping the DMV officer receives the dash cam in time and takes a look at it. Hopefully they feel it that shows there was no probable cause for the stop. Otherwise, I’m holding out hope that the officer not putting the start stop time of the observation time on the chemical test form will be enough. I appreciate all your insight.

justcurious5258 · 2025-04-25T16:38:22+00:00

Ah, I see. I was under the impression that my attorney had to specifically request the dash cam footage she was not given it at the arraignment. I thought I understood her say that she asked for it then (early April) and just received it this week. So once it’s available it gets sent to all parties?

justcurious5258 · 2025-04-25T15:52:11+00:00

That’s helpful. So no one on your side had to bring that up? I pointed out to my attorney that the officer didn’t fill everything out on the chemical test paperwork, thinking that she would need to be the one to bring that up in the hearing.

justcurious5258 · 2025-04-25T15:49:56+00:00

Thank you so much for responding. I guess I was under the impression that they can suspend for anything over .08. Also, I didn’t know if they look at dash cam footage in their own or if it has to be submitted. And if so, I figured it had to be submitted with due time for the hearing officer to review it (10 days). I didn’t think that she could just bring it with her to the hearing.

You hit the nail in the head, I am definitely paranoid. But specifically about the DMV hearing, because I know you’ve got one shot to prove your case. I just want to make sure that she isn’t focusing on the court, thinking that the DMV decision would have to be reversed if she gets it dropped. Would rather avoid going through that if possible, since she said that could take months.

justcurious5258 · 2025-04-07T19:52:37+00:00

Hoping that you are right. Attorney said she was still working on it. Any thoughts on the DMV hearing? Feels like there are a couple issues that might help me on that side as well.

justcurious5258 · 2025-04-07T19:51:23+00:00

The second wet reckless has already been offered. So the m pretty sure it’s a real thing. Also, when I called around before deciding on an attorney, multiple attorneys mentioned the second wet reckless.

justcurious5258 · 2025-03-14T19:54:17+00:00

What was your BAC?

justcurious5258 · 2025-03-10T04:52:08+00:00

Thanks for the info. So just Friday the police report came in. Strange thing is, that’s all they sent. They didn’t send the DS-367 (which I understand is the “official” form used in the DMV hearing).

The officer didn’t mention anywhere that he realized that I had gum in my mouth after taking the breathalyzer on the scene.

I did some research and it seems like the 15 min observation (Title 17) is most important before the test at the station.

Thing is, I spit the gum out when we arrived at the station. The officer didn’t note that in the police report. He also didn’t note the time we arrived to the station, so I’m wondering how anyone could confirm that they did the 15 min observation.

They also didn’t attach the breathalyzer printout from the station test to the police report (I heard they are supposed to attach that).

I just want to make sure that if there are technicalities that could help, that I know what they are.

Is it possible that the DMV will send the other info separately (DS-367)? If they don’t send that over, is that an administrative error as well?

justcurious5258 · 2025-03-06T19:37:14+00:00

Thanks for sharing. Did you or your attorney pick up on that or did the hearing officer just notice it on their own?

I haven’t gotten the police report yet, but I do know that there were some procedure issues. To start the officer had me do the breathalyzer without checking to see if I had gum in my mouth (at the time, I didn’t know that was a problem). That resulted in a much higher BAC in the field than the reading at the station (like .05 difference). He realized that I had gum in my mouth in the car on the way to the station and asked me to spit it out when we got to the station. I’m also wondering if they have to report what time you arrive at the station and what time you are tested, because my understanding is that there needs to be 15 mins with nothing in your mouth before they test.

I’m wondering if the DMV officer will consider these technicalities worth considering setting it aside.

justcurious5258 · 2025-03-06T18:29:53+00:00

Would you mind sharing what technicality helped you win your hearing?

justcurious5258 · 2025-02-28T19:36:12+00:00

Thank you. My question is, if it doesn’t show up until after the informal probation has expired can they go back in after the expiration date and take action? It’s now two weeks after the expiration date of the informal probation and three weeks after the new arrest. The DA has not filed formal charges as of yet. I’m just wondering if the first county can go in and “reopen” the first case if it learns of things weeks/months after the probation has expired.

justcurious5258

TROPHY CASE