1. Contact the DMV within ten days of your arrest to save you license
2. Remember the details of what happened while they are fresh
3. Learn why the DUI process favors those represented by attorneys
4. Learn what you risk if you represent yourself
5. Think about whether you want to fight the charges
6. Get an honest, informed and confidential assessment of your prospects
Why a DUI is different
D.U.I. cases are complex. Most cases are filed as misdemeanors, which is the less serious class of crimes. But the sanctions and costs associated with a conviction can be extreme. Since a state license is involved (your driver’s license) the D.M.V. takes “administrative action” against it.
This is in addition to the criminal charges which are filed by the district attorney in the superior court. If your income is low enough, you may qualify to have the public defender appointed to represent you in court. However, they cannot represent you with the D,M.V. administrative action, which is classified as a civil matter.
By hiring David Uthman to represent you, you will have all your legal bases covered. He will handle your D.M.V. case, invoke your rights, and appear in court for you. In many instances, his clients never have to go to court or appear at the D.M.V.
If you have an upcoming DMV hearing, consulting with a knowledgeable attorney may prove helpful. Mr. Uthman has comprehensive experience representing clients at the DMV for reasons such as negligent operator hearings, and potential license suspensions.
Attempting to represent yourself at a DMV hearing can cause you to miss important details in your case that an experienced attorney wouldn't miss.
If You are Facing a DMV Hearing Due to a DUI Charge
1. You MUST contact the DMV within ten days of your arrest or your license will be suspended, regardless of whether there is a legitimate case against you
2. A court-appointed attorney (public defender) cannot represent you at the DMV
3. The rules of DMV administrative hearings are different than court rules
If You've been Arrested for DUI
If you have been arrested for DUI, you face criminal charges by the Court and administrative charges by the Department of Motor Vehicles (DMV). The DMV process is different from and independent of the court process. The DMV can suspend your license. The length of the suspension depends on factors such as your blood v
The Odds are Against an Unrepresented Driver
It is very difficult to defend yourself at the DMV hearing. The DMV hearing officer acts as both prosecutor and judge and does not care about your need to drive. In fact, the DMV officer is not allowed to consider this issue when deciding your case.
In this administrative setting, the rules of evidence are more relaxed than they are in Court. For example, the DMV can use information directly from the police report as evidence against you during your hearing – the police officer does not have to actually be there to testify – and the DMV officer is trained to rely on the police report over your testimony. Also, some “hearsay” statements can be lawfully used against DMV.
How to Beat the Odds
You can prevail at a DMV hearing. To do so, you must know how and when to present evidence; you must know what evidence to object to and on what grounds it is to be excluded and your rights with the applicable laws. The best way to defend yourself is with experienced legal representation. By hiring an experienced attorney, you are more likely to retain your license.
Avoid the DMV 10 Day Trap
You or your attorney MUST contact the DMV within ten calendar days of your arrest to request a hearing. You were given notice of this in small print on your temporary license (the pink paper the officer gave you in place of your plastic license). Once the ten days expire, the DMV will suspend your license, even if the case against you is weak and should be set aside (that is, no license suspension imposed).
The law considers losing your license a less severe consequence, so you are not entitled to appointed counsel to represent you at a DMV hearing. You must hire a lawyer or represent yourself.
Negligent Operator Hearings
The DMV maintains a “Point Count” system whereby if you accumulate too many points the department will seek to suspend your license for a minimum of six months. Points are assigned for traffic tickets, “public offenses” like DUI or reckless driving and traffic accidents. However, all is not lost because as long as you take swift and decisive action.
The DMV gives you a very short window to request a hearing or lose your rights (generally not more than 14 days.) Often times an experienced attorney can save your privilege to drive, but time is of the essence!
How to beat the odds
The DMV can suspend or revoke your license, based upon information provided to them by a police officer or even your family doctor, if they believe that you have lost your driving skills or have a medical condition that allegedly impacts your safe operation of a motor vehicle.
However all is not lost! This type of case can be complicated and require special skills and sensitivities. Only an experienced DMV attorney should be trusted with this matter. Self representation can easily fail or end up worsening your case. Don’t become a victim of age discrimination or a careless medical professional reporting you to the DMV.
We have the Best Traffic Law Clinic in San Francisco
We are the longest running and boast a success rate of over 90% of our client's cases resulting without adding negative points to their driving record. Between Mr. Uthman's 10 years of law enforcement & 20 years of successfully defending clients, we've got you covered.
You Bring Your Ticket and We'll do the Rest!
All it takes for us to begin defending your case is for you to bring in, email, or fax us your ticket with a brief explanation of your situation. From there, our experienced team will handle your case without you even having to meet with any lawyers or appear in court!
Fighting Traffic Tickets
Everyone receives traffic tickets at one point or another. While it might seem minor at the time, a ticket can have serious consequences such as expensive fines, increased insurance premiums, points on your record and potentially losing your license.
Hiring an attorney to refute your traffic ticket is often a wise decision because he or she knows the arguments and tactics that work in traffic court. Mr. Uthman has handled thousands of cases, with over 90% resulting in dismissals or non-point violations.
How the Clinic Works
Our low prices are attributed to the process in which we handle your case. Once we have your ticket, our experienced staff analyzes your ticket and goes to court for you to defend your unique case. We will keep you updated on the process and outcome of your case as soon as the information is made available to us. We promise you'll love the outcome of your case!
Why We're the Best
We can proudly say that 90% of all of our cases end with no added points to our clients' driving records! Our clinic has been open since 1985 and continues to be San Francisco's favorite and most frequented Traffic Law Clinic because of our consistent results!
Professional Driver Discounts
We offer a discount to professional taxi drivers, delivery drivers, commercial license holders, and more. Professional discounts can be between 15-20% off of our basic fee of $149.
How Many Negative Points Can I Get?
It's never a good thing to accumulate any negative DMV points on your driving record, but it can happen. In California, accumulating 4 points in one year, 6 points in 2 years, or 8 points in 3 years will trigger a license suspension. A red light offense in California is 1 point.
David Uthman's Criminal Defense Experience
David Uthman’s success with criminal cases attests to his mastery of both the law and the system. Unlike many attorneys, he is an experienced litigator, having tried and won numerous court and jury cases. And unlike most attorneys, he began his career with ten years in law enforcement, learning along the way what happens outside the courtroom. His experience behind the badge, combined with an impressive criminal defense career, uniquely positions him to defend you against even the most formidable charges.
To help you address criminal accusations the most important decision you make in your life may be choosing David K. Uthman, an attorney whose knowledge and experience goes beyond the law. Winning criminal cases requires hands-on experience in the courtroom and a keen understanding of what happens outside it.
Voluntary manslaughter occurs either when the defendant kills with malice aforethought (intention to kill or cause serious harm), but there are mitigating circumstances that reduce culpability, or when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit the homicide. It is sometimes described as a heat-of-passion killing. In most cases, the provocation must induce rage or anger in the defendant, although some cases have held that fright, terror, or desperation will suffice.
Involuntary manslaughter is the unlawful killing of a human being without malice aforethought, either expressed or implied. It is distinguished from voluntary manslaughter by the absence of intention. It is normally divided into two categories; constructive manslaughter and criminally negligent manslaughter, both of which involve criminal liability.
Vehicular or Intoxication Manslaughter
In some jurisdictions, such as the United States, there exists the specific crime of Vehicular or intoxication manslaughter. An equivalent, under the Criminal Code of Canada, is causing death by criminal negligence, punishable by a maximum penalty of life imprisonment. Credit: Wikipedia
Domestic violence (also domestic abuse, spousal abuse, intimate partner violence, battering or family violence) is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. Intimate partner violence is violence by a spouse or partner in an intimate relationship against the other spouse or partner. Domestic violence can take place in heterosexual or same-sex relationships, and sometimes also involves violence against the children in the family. Domestic violence can take a number of forms including physical, verbal, emotional, economic and sexual abuse, which can range from subtle, coercive forms to marital rape and to violent physical abuse that results in disfigurement or death. Domestic murders include honor killings and dowry deaths. Credit: Wikipedia
In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.
A very real distinction exists between an expungement and a pardon. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. A pardon (also called "executive clemency") does not "erase" the event; rather, it constitutes forgiveness. In the United States, an expungement can be granted only by a judge; while a pardon can be granted only by the President of the United States for federal offenses, and the state governor, certain other state executive officers, or the State Board of Pardons and Paroles (varies from state to state) for state offenses. Credit: Wikipedia
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Copyright 2017 Uthman Law Office. The information contained in this site is for informational purposes only and should not be construed as legal advice.