Such an expert may be able to testify as to the effects of a rising blood alcohol content (BAC) on the BAC that would have been measured if the client had his or her BAC measured when last driving, rather than 30 minutes later.Īn expert may also be brought to the hearing to testify as to how gastroesphageal reflex disorder (GERD) or mouth alcohol can elevate the breath alcohol sample above what one’s blood alcohol content is. We will bring an expert witness to the hearing if needed. It is a complete and utter waste of time. In our opinion, a telephonic hearing is a guaranteed loss. We have never once done a telephonic hearing. We want the client there to testify if needed, but also to hopefully cause the hearing officer to concentrate on the case. We want to look the DMV Hearing Officer in the eye and make sure she is listening. We attend every DMV Hearing in person and encourage the client to attend in person. This helps us customize our DMV Brief for the client to more effectively persuade the hearing officer to set aside the suspension and reinstate the driving privileges. We know what cases the hearing officer has cited to in her or his rulings, too. We organize them by DMV Hearing Officer so we know what parts of the case that particular officer pays particular attention to and what parts are not significant to her or him.
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We now have three full three ring binders full of such opinions. We keep every DMV ruling and make a copy for our records. This makes our negotiating a plea bargain or motions in court better.
And even if we lose at the DMV, we are far more familiar with all the facts than the prosecutor will ever be except maybe at trial. It is because when we win at the DMV, we have traction in court for a better resolution of the case. It is not just because one’s driving privileges are at stake, either for 120 days in a first time offense or a year in a refusal. We believe the DMV Hearing is an extremely important part of the case.
The case summaries show some of our better DMV results in the past three years. To read more DMV case results, please click here.
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