Case History: The California DMV and a DUI Charge

I’ve recently handled a DMV case where the respondent or the person charged with the DUI had a breath test result of a 0.19 or 0.20. We fought that hearing and we fought it hard. We went in and we looked at all the documents, and everything on the face of the documents was looking bad for us.

With Perseverance, It Is Possible to Prevail at the DMV Hearing Even When the Case Looks Hopeless on Paper

For that case we needed to get more information. One of the things that we did was to subpoena the actual investigating officer. It cost a little bit more money, but we subpoenaed the officer into the DMV so we could have an opportunity to cross-examine that officer.

In this particular case, the subpoenaed officer did not show up. However, the DMV just doesn’t give up. We had to continue the hearing, and we re-subpoenaed the officer not once but three times. The officer didn’t show up the first time, didn’t show up the second time and he called in on the third time, but we do our hearings in person, if at all possible.

The witnesses have to come in person, and we did not accept the officer appearing by telephone. Because we were not able to get the officer in, the DMV was left with no officer and did not enforce the subpoena to bring the officer in.

It took the Hearing Officer about five months to issue the set aside. But this was a case where my client had a very high alcohol level, and it looked like the case had no chance of success. We were able to win because we went the extra step to subpoena the officer time and time again. When he finally didn’t show after the third time, we were able to get the hearing or the APS action set aside and the license re-issued. This shows these cases can be won.

Testimonials

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In my opinion, the way that Mark handled my case, I would not have wanted anyone else Period! I did consult a few other attorneys before I got to Mark but I knew he was the guy and the rest is history! I would...

Joe P

DUI’s can be scary! I would then explain it’s not the end of the world and if they want someone to handle their case then to talk to Mark Rosenfeld. They won’t regret it.

Oliver C

All I would say is, he is Mr. DUI LA! He represents from the beginning to the end and beyond. No one wants to go in to an experience like this; Mark will do his very best to get you through the experience.

Angela H

DUI’s can be scary! I would then explain it’s not the end of the world and if they want someone to handle their case then to talk to Mark Rosenfeld. They won’t regret it.