Properly conducted, a Lapse of Consciousness Hearing at the DMV looks much like a mini-trial. Evidence is introduced and authenticated, witnesses may testify, legal arguments are waged and the driver will testify. The manner in which evidence is presented is vital and the managing of your case is a key to success. At California Drivers Advocates, we have created a four-step approach to handling administrative hearings that causes us to win many more cases than we lose, especially in the area of Lapse of Consciousness.
Investigation: This includes a comprehensive interview of the Client to learn everything about them. Personal history, medical history, driving history and criminal history. It is imperative that we be able to put a personal face on each case so the Client is not treated like a number. We also conduct a complete investigation of the allegation made against the driver and the validity of the DMV’s evidence.
Preparation: We completely understand that it is standard DMV practice to use a Lapse of Consciousness as a launch-point for the DMV to investigate every aspect of a person’s life to determine their fitness to drive. Because we know this and can anticipate the DMV’s tactics, we prepare what we call a “Broad Spectrum” defense that is designed to address each of the DMV’s concerns before they even come up. The collection of relevant medical evidence, the preparation of witnesses and our Client, are all critical steps to be taken.
Presentation: It is imperative that our evidence be admitted by the hearing officer. Therefore, the manner in which we present our evidence must be in accordance with the Evidence Code and the California Code of Regulations. Evidence has no value if it is not accepted by the hearing officer. The way we argue against the admittance of the DMV’s evidence is also important to weaken the DMV’s case. The preparation of our Client for testimony is one of the most important steps we take so our Client can testify with accuracy and credibility.
Follow-Thru: Once a hearing ends, our obligation to you does not. Follow-up contact with the Hearing Officer, the scheduling of testing dates (if necessary) and the review of any Findings and Decision are all steps we take once the hearing ends. As long as you are reasonably healthy and any medical disorders are stable, we should be able to get you back on the road.
We understand our client’s fear and objectives and will strive to meet or exceed their expectations. The mission of California Drivers Advocates is to provide the highest quality representation to our clients at administrative hearings before the California Department of Motor Vehicles.