FRESNO DMV PROCESS
By now you’ve probably read through enough boilerplate websites to realize that you only have 10 days from the date of the arrest to contest your DUI charge with DMV and the suspension of your license. The pink form you received is also a temporary license for 30 days and your notice of the right to a hearing within 10 days.
But what you really want to know is, do I have a chance!! Is it worth hiring an attorney! Or do I just take my lumps and go! The answer to that question, is can you afford to lose your license? Can you afford increased insurance? Can you afford to tell each subsequent employer that you suffered this conviction? These are the questions you should be asking yourself. Because, in my opinion, and of course, I’m biased, is you cannot afford to not hire an attorney.
We’ll Go to Battle with DMV for You!!
DMV is winnable!! DMV, unlike the court process is much more procedural in nature. DMV uses standardized forms for many of its hearings and if these forms are not filled out to the satisfaction of DMV, you can win. DMV, often, does not call the police officers to testify in your case. 
If the forms they are proceeding on are insufficient, the suspension of your license should be dropped. An Experienced Fresno DUI Attorney knows these issues. Carlton v. DMV is the main case on point which states,
“When the Department of Motor Vehicles (DMV) initiates an action to suspend or revoke a driver's license the burden of proving the facts necessary to support the action is on the DMV. In a formal DMV hearing, hearsay evidence may be admitted but it is not sufficient in itself to support a finding unless it would be admissible over objection in a civil action.”
Now there are exceptions to Carlton’s requirement that hearsay cannot be used, because, if it’s contained in the sworn statement of the officer, which is the DMV DS 367 form declaration from the officer, then it comes into evidence the same way as if the officer testified. However, if this form is erroneous or just plain off, then the DMV cannot use it and, if the officer does not testify, the suspension should be lifted.
Get an Attorney Who Knows DMV Procedures
This is just a glimpse when it comes to defending your Fresno DMV case. We also routinely issue subpoenas and discovery requests to DMV and we work with top notch private investigators to hit the DMV hard and do everything we can to litigate your case.
The procedural issues involved mean you should indeed hire an experienced Fresno DMV Attorney to handle your case. Aside from the DMV hearing, at the Law Offices of Michael E. Mitchell, we’ve had success at not just beating the DMV on appeal, but having the DMV decision reversed in the criminal court based upon agreement with the district attorney and consent of the court. Yes, that is possible!! The DA and the judge can agree to reverse DMV!! We get that done over and over again for our clients. That, and many other reasons, justify hiring veteran Fresno DUI Attorney Mike Mitchell to handle your case.
Personal Attention on Your Case
We don’t farm out our cases to other law offices- we are not a referral mill; you can sit down to talk with us in our office or video conference with us any time you want. We’re always available via telephone or email. Call the Law Offices of Michael E. Mitchell today, to speak with a Fresno DUI Lawyer and have us review your case to see how we may be of assistance. By the way, consultations are free!! Our telephone number is (559) 222-2424 or you can reach us via email at info@centralvalleylawyer.
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Law Offices of Michael E. Mitchell
285 W. Shaw Avenue, Suite 101
Fresno, California 93704
Telephone: 559-222-2424
Fax: 559-222-2434
Free Consultation • Se Habla Español • Credit Cards and Personal Checks Accepted
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We represent clients throughout the Central Valley of California in communities including Avenal, Coalinga, Tulare, Bakersfield, Merced, Madera, Shaver Lake, Coarsegold, Oakhurst, Mariposa, Fresno, Clovis, Sanger, Selma, Lemoore, Hanford, Visalia, Bass Lake, and the San Joaquin Valley.
Fresno County • Madera County • Tulare County • Kings County • Merced County • Kern County
We welcome men and women from Lemoore Naval Air Station and visitors of Yosemite National Park, Kings Canyon National Park, and Sequoia National Park. We represent clients pulled over for traffic offenses along all Central California roadways and highways including HWY 49, HWY 41, HWY 99, Interstate 5, HWY 168, HWY 192 and HWY 180.
