Newark, a city in Alameda County, is an enclave, surrounded by the city of Fremont. Union City, Fremont, and Newark make up what is known as the “Tri-City” area. In this small city, Thornton Avenue and Sycamore Street is the location where you are most likely to encounter a DUI checkpoint. This may not concern you much—unless you have just spent an evening enjoying a few beers with friends.
If you are a resident of Newark, then you may have visited O’Sullivan’s Sports Bar on Newark Square, which boasts a dance floor, lots of TVs with sports events showing, and outstanding chicken wings. Perhaps you have been to Jacques Café and Lounge on Thornton Avenue where you will find beer on tap, pool tables, and karaoke.
You may have visited one of these local bars or many others after a long day at work or on a weekend to blow off a little steam. At the time, you probably never even considered you might be pulled over on your way home and booked on charges of DUI. In fact, most people are entirely unprepared for an event like this.
It is important that you take your charges very seriously—hire an experienced Newark DUI attorney as soon as you can. In addition to the criminal penalties you’ll face, you also have to deal with your California DUI DMV Administrative hearing. The DMV hearing is entirely separate from your criminal charges.
Below are the facts you must know about your DMV hearing:
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You must request a hearing within 10 days of the day you are charged with DUI.
- If you fail to request a hearing, your license will be suspended after 30 days.
- The officer will take your driver’s license, providing you with a pink Notice of Suspension. This notice will serve as your temporary license for 30 days.
- A DMV officer with no formal legal training will preside over your hearing.
- In some cases, the DMV hearing will take place over the phone, or, more often, in an office.
- You have the right to be legally represented at your hearing—however, you must pay for your legal fees.
- Your attorney can challenge evidence, present witnesses, and cross-examine witnesses.
- You may testify on your own behalf during the hearing.
- The hearing officer’s job is to consider whether the officer had probable cause to pull you over, lawful cause to arrest you for DUI, and whether your BAC was over the legal limit.
- If the officer made any mistakes at all on your paperwork, you could prevail in your DMV hearing.
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If you win your hearing, you also have a potential bargaining chip to use
in your trial.
- Your attorney may be able to gather information during the hearing, which can help him or her build a stronger case for you during your criminal trial.
- If this is your first DUI arrest, and you do not prevail at your DMV hearing, your driving privileges may be suspended for 6 to 10 months.
- After the first month of suspension, you may be able to obtain a restricted license, which allows you to drive to and from work and to and from your DUI school.
- If you do not prevail at your DMV hearing, you can appeal the decision.
Both the criminal and the DMV components of your DUI charges are extremely important.
A conviction for a California DUI has far-reaching consequences, including a fine as high as $1,000, up to $2,600 in assessments and fees, up to 6 months in jail, higher insurance premiums, an ignition interlock device on your vehicle, impoundment of your vehicle, and alcohol counseling.
These are very serious penalties, therefore having an experienced Newark DUI attorney by your side from start to finish is extremely important.
Call the Law Offices of Nabiel C. Ahmed at (510) 907-6600. We can provide you with a free review of your case, request a DMV hearing, and protect your driving privileges. Call us as soon as possible!