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Q: Got a DUI - should I speak to lawyer before calling DMV?
My husband has been charged with a DUI. At the time he was not in his car (he was pulled over and stopped on a freeway rest stop), the keys weren’t in the ignition. He was given 10 days to call the DMV to request a hearing to get his license back. Should he speak to a lawyer beforehand or have one with him? Or is it a straightforward process? I’m not sure if it’s relevant but his court date isn’t until August.
A: There is never a "straightforward process" in the law. There are rules, and there are exceptions. Many lawyers offer free consultations, you should call one (or, two) and ask about the process. He should at least consult with an experienced attorney for advice and education about the DMV hearing process, and the presentation of evidence necessary at that hearing. He doesn't have to have the attorney before 'timely' contacting DMV to set up the hearing, but needs the education before going.
He should consult and hire an experienced criminal defense attorney to represent him, not only in the DMV hearing, but in the criminal case in court.
Patrick J. Silva - Attorney at Law
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