What are my legal rights at a DMV administrative hearing?
Thanks, I would appreciate your immediate attention to this matter.


AndreasI

You have the right to be represented by an attorney or other representative, at your own expense. Representation by an attorney is not required. You have the right to review the evidence and to cross examine the testimony of any witnesses for the department, and to present evidence and witnesses on your own behalf, as well as the right to testify on your own behalf.
Following the hearing, you have the right to be provided a decision in writing. Should the decision resulting from the hearing be against you, you have the right to request the department to conduct an administrative review of the decision, as well as the right to appeal the decision to superior court.
On or after January 1, 2003, new legislation authorizes DMV to collect a $120 fee for a Departmental Review following an Administrative Per Se (APS) hearing pursuant to Vehicle Code §§13353 and 13353.2. Questions regarding this fee should be directed to the Driver Safety office where your hearing was conducted.
Requests for the administrative review or to appeal the decision in court must be made within a certain time period dependent on the type of hearing and as described in the Vehicle Code. These time periods and other specific information concerning your rights will be stated on the notice containing the hearing decision.
Please contact me again if you have any questions.
Best wishes
Todd