Know More About DUI in San Diego

San Diego is a great place to visit with its warm weather in the daytime and cool weather at night; it is no wonder that there are so many great weekend getaways in the city. It is also the border between California and Mexico and as such, it attracts thousands of people on a daily basis passing to and from the two countries. Multiply that number ten fold during the holiday seasons and the result is organized chaos. Despite such situations, in recent years there has been a limited number of DUI or driving under the Influence related fatal accidents. In fact the most recent data showed that in the summer of 2009, while there were around close to 2000 DUI arrests made in San Diego, there were no recorded DUI related fatalities. This is due in part to the strict DUI rules as mandated by the state of California and other impediments placed by San Diego. Getting arrested for DUI in San Diego is no laughing matter and without the help of a local DUI lawyer, it is more likely that one from out of town would be able to handle the situation.

What makes the arrest more complicated is the provision of a San Diego DMV Administrative Per Se License Suspension Hearing. Known as the DMV APS, this is a hearing conducted by the San Diego Department of Motor Vehicles to either grant you a temporary license for 30 days or until the DUI matter is resolve or to suspend your license till the resolution of the DUI case. This is a quasi-civil hearing handled by a DMV hearing officer who is not a judge and the hearing officer will make a determination gathered from the evidence presented whether the defendant can temporarily get his or her license back or not. Unlike a judicial hearing, the rules here are different as the hearing officer has the absolute authority to decide on the issue based on evidence he or she may or may not include. In fact, the defendant through his or her lawyer, must make a written request to the San Diego DMV Driver Safety Officer for a hearing within ten calendar days of the arrest. Failure to do so means a waiver for your right for a hearing and may mean an automatic suspension of your license of four months to a year.

This unique situation of having a San Diego DMV APS makes getting a DUI in San Diego a bit more complicated and without a local DUI lawyer to represent you, you may have your license automatically suspended until you are able to clear your DUI charge. Avoiding a DUI in San Diego should be the primary objective but in case it happens, there are legal remedies to expedite the conclusion of such a situation. Obtaining a San Diego DUI lawyer's services is key.

Posted by Anggar Tombak on 23:30. Filed under Artikel Dunia . You can follow any responses to this entry through the RSS 2.0. Feel free to leave a response