DMV Hearing | Fresno Criminal Defense Attorney

Fresno DUI Attorney | Fresno DUI Lawyer

What is a DMV  Admin Per Se Hearing?

A DMV Admin Per Se hearing is an opportunity to fight your suspension for driving under the influence (DUI) in front of a live officer.  The Admin Per Se (APS) hearing will be based on a few factors.  A few very specific issues may be raised at a APS hearing.  The determination of whether your suspension was justified, or should be set aside is the main issue in contention.  The DMV Hearing Officer (HO) acts as both the prosecutor and the judge at a APS hearing.  Assuming you provided a sample for chemical analysis, either breath or blood sample, the issues are:

i. Did the Officer have a reasonable suspicion that a violation was occurring prior to stopping the vehicle.

ii. Did the officer have probable cause to believe you were driving under the influence prior to arresting you

iii.  Was a chemical sample tested with a result of .08% or more

iv. Was Title 17 code or regulation properly followed

There are defenses at the DMV APS hearing

But a APS hearing must be requested within 10 days of the arrest if you have been cited or arrested for DUI.  We can request the hearing on your behalf.  With several decades of combined experience our firm can help you with your DUI needs.  Our firm provides you with a free legal case evaluation and consultation in person with a Criminal Defense Attorney uniquely qualified to provide high level assistance with your DUI.

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

Glass chess

Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

D v

Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

Climb

Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.