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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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Jonathan Rooker can help you, when you need it most. The road to justice may sometimes be a long road, but it is a worth fighting for. Don't try to handle a criminal allegation without first consulting and educated experienced attorney to see if they can help and/or advise you on the best defense.

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191 W. Shaw ave

Fresno, CA 93704
(559) 266-5555
(559) 412-2082 (fax)
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