DUI Law News

California DMV Hearings

Source: technorati.com Posted: Wednesday, November 19th 2008 at 12:04pm

Placing the Burden in DMV Hearings The DMV must bear the burden of proof in the Administrative Per Se (APS) hearing. This means that there is more evidence balanced in favor of driving under the influence of alcohol. State law has mandated that the burden rests with the DMV to justify its order of driver?s license suspension. Legally Relevant Issues There are only 3 legally relevant issues during an APS hearing. The DMV must prevail on all 3 issues in order for the suspension to be upheld. I

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