May 2015 Newsletter
866-902-6880
Stay Connected

The Two Sides of a DUI: What You Need to Know about the DMV and Your License

Ten days is hardly enough time to plan for anything, much less a hearing that can determine whether or not you keep your driver's license. After a DUI, in addition to dealing with the criminal aspects of your arrest, you also need to prepare for an administrative hearing with the Department of Motor Vehicles.


When you are arrested, the officer will take your driver's license and issue a temporary driver's permit. This permit is good for 30 days, after which time your license will be automatically suspended. The only way to prevent a suspension is to request a hearing with the DMV 

within 10 days of your arrest.


The DMV hearing is separate from your criminal case, but just as important. While the hearing will not determine if you are guilty of the DUI or not, it will determine if there is enough evidence for the DMV to suspend your driver's license. If you don't request and attend this hearing, your license will be suspended automatically.


Both the criminal court and the DMV have the power to suspend or revoke your driver's license. These processes are independent from each other-you may win your criminal case, but find that your license is still suspended as a result of the DMV's actions. Or, you may win your DMV hearing, but still have your license suspended by the criminal court. Because your ability to drive is so important, you should make sure to have a knowledgeable Orange County drunk driving lawyer on both sides of the DUI process.


At the DMV hearing, only the procedural aspects of your arrest will be reviewed. The hearing will determine if the arresting officer had cause to pull you over, whether you blew above a .08, and whether proper testing and arrest procedures were followed. If they were, the DMV will administratively revoke your license.


During a DMV hearing, the DMV's representative will act as both the prosecutor and the judge. The DMV representative will weigh the evidence against you, and decide if your license should be suspended or reinstated.


With the deck stacked against you, it is important to have a California DUI defense lawyer on your side who can effectively argue your case to both the DMV representative and the criminal court. At the Law Offices of Virginia L. Landry, our experienced Orange County DUI defense attorneys can handle both sides of a DUI, and will help you fight to keep your license.

Long-Term Consequences: Why You Should Fight a Domestic Violence Restraining Order

Finding out that a judge issued a restraining order against you can be a shock-you may feel surprised, embarrassed, angry, or confused. If you ever find yourself on the other side of a restraining order, don't panic! You will have the opportunity to state your case and clear your name.

 


  

In many cases, a domestic violence restraining order (DVRO) can be issued on an emergency or temporary basis after your partner or spouse sees a judge alone. During these ex parte hearings, the judge will hear only one side of a story, and can issue a temporary DVRO based on what your partner says. Unfortunately, for many people this results in restraining orders being issued because of baseless accusations or exaggerated claims.

 

You will have the opportunity to tell the judge your side of the story at a hearing and get the restraining order lifted. You may be tempted to ignore this hearing, especially if the person who requested the DVRO against you is someone you no longer wish to see. It may seem like a hassle to go to court, but remember that these temporary restraining orders can become permanent, and may affect your legal rights for years afterward.  Always take the time to attend the hearing and bring an experienced defense attorney with you.

 

A DVRO is part of the public record and will show up on your criminal background check. This may affect your ability to get a job, or may cause problems for you with your current employer.  As a result of a DVRO, you may be forced to move out of your house, with little time to grab anything except a change of clothing. A DVRO may mean that you have to forfeit any guns or weapons you own, and your child support or alimony payments may be increased. If you have children, you may not be able to see them, and there may be places or areas where you are no longer allowed to go.

 

Most importantly, violating any of the terms of a DVRO is a criminal offense in and of itself. You can be arrested, and may face misdemeanor or even felony charges if you disobey any of the DVRO's provisions.

 

If you are ever served with a DVRO or other type of restraining order, the first thing you should do is read the order carefully. Make sure you know what the court has prohibited you from doing, so that you don't end up in contempt of court. Never contact the person who requested the DVRO, even if you think you can work it out yourself.

 

Next, contact a California criminal defense attorney as soon as possible. An attorney will help you gather important information which can be used in your defense, such as text messages and other communications, as well as witnesses who can vouch for your behavior.

 

When a restraining order is requested by a family member or partner, emotions run high and things can get heated. A judge will not be impressed with mudslinging or an argument in the courtroom. By using a DVRO defense attorney, you will have an ally on your side who knows the law and can help you make the best impression to the court.

 

At the Law Offices of Virginia L. Landry, we understand that allegations of domestic violence are serious, and unfortunately, often fabricated. Restraining orders are one of the most abused aspects of the law, and are often used as retaliation during a messy divorce or a bad breakup. 

 

Don't let a DVRO or other restraining order taint your reputation. Contact Virginia Landry and her team as soon as possible, and let her experienced Orange County criminal defense attorneys fight for you.
For your free consultation, call 866.902.6880, or visit www.orangecountycriminallaw.com to learn more about defending your rights.
Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office as a nationally Board Certified DUI Defense Attorney Specialist. Orange CountyCriminal Defense Attorney, Virginia L. Landry, is able to practice law within the California state courts, the United States District Court, and the Central District.

 

As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.


In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received hercertificate of instruction, successfully training participants in DWI detection and standardized field sobriety testing student course.

 

Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is the past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association, the Northern Arizona University Alumni Association and the Warren J. Ferguson Inns of Court.
Law Offices of  Virginia Landry
Disclaimer

The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.