DMV Defenses

DMV Defenses

Ask your attorney if he or she conducts “in-person” hearings at the DMV. If they say no, they fail to maximize their clients’ chances of beating DMV at its own game. Using a little-known administrative regulation, we demand that DMV call all witnesses in person, which virtually ensures a victory in a blood test case because the result is hearsay without the lab technician to testify about it.

DMV hearings are highly technical and not for the part-time DUI lawyer. We at the Santa Barbara DUI Center utilize a team approach. Attorney Lee McCoy and retired DMV Hearing Officer Carlos Tornes confer about each case and plan a defense tailored to the facts of a particular case. Do you deserve anything less?

DUI Defense #10

→ No admissible evidence of driving.

DUI Defense #11

→ Failure to comply with Title 17.

DUI Defense #12

→ You were not under arrest at the time of the chemical test.

DUI Defense #13

→ Recorded times are contradictory.

DUI Defense #14

→ Lab test report not signed “at or near” analysis time.

DUI Defense #15

→ Lab test report not signed by a “forensic alcohol analyst.”

DUI Defense #16

→ Critical issues can only be shown by double or triple hearsay.