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Ten of the strongest defense arguments in a DMV hearing include: The officer did not have probable cause to stop you. ... Your BAC level falsely registered as over the legal limit. ... The BAC test equipment was not working properly. ... The DUI checkpoint where you were arrested did not follow proper legal procedures.
What happens at the hearing? At the hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of DMV, and to present evidence, witnesses, and testimony to persuade DMV to modify or rescind the action.
Five ways to win a California admin per se hearing following a DUI arrest are to demonstrate that: The police did not have probable cause to arrest you; The breath testing machine was not calibrated correctly; You had a medical condition such as GERD that caused high blood alcohol content (BAC) results;
You shouldn't waste too much of the reader's time. Instead, get directly to the point. In the first paragraph, ask for the hearing in your case. For example, you could simply state, ?I am writing to request a court hearing date in the above-referenced matter.?