Frequently asked questions answered:
1- What to do when you receive the suspension letter?
The DMV will either suspend your license or place you on probation. Unfortunately, when you receive the suspension letter they don’t give you much time.
As soon as you receive the letter you want to call them and request a hearing. The purpose is to prepare your statement to them to persuade them not to suspend your license or put you on probation.
2- What do you need to prepare?
There are a number of things you want to prepare for them. One is you want to show them what you will do to avoid getting more tickets in the future. Your statement to them that you will be more careful is not enough, you want to offer a program of change.
3- What is a dmv hearing?
The DMV hearing is called a Negligent Driver Proceeding and you are called in because you have too many points against your license during a 12, 24 or 36 month period.
4- How many points is allowed before a suspension?
A regular driver is allowed 4 points before a negligent driver hearing is set. A California Truck driver is allowed 6 points before a negligent driver hearing is set. An Out of state truck driver is allowed 4 points if he has special licensing to carry dangerous cargo, for example. An out of state driver who has no special licensing may be called in for a hearing with 4 points, but that hearing will not result in a suspension or probation.
5- What do I do for you?
The law work that I do involves quickly removing one of the offending points to stop the suspension or probation I am able to do that by using the law to set aside the forfeiture and conviction, remove the point(s) and set the matter for trial. I must return to court and win the case in trial to keep the point off and avoid any suspension or probation.
I am quite successful at stopping DMV suspensions and have never failed to both stop the suspension or probation and win at trial. The good news is that I have been able to stop over a dozen suspensions and can get the job done very fast, usually within two or three days. Because my clients usually don’t have much time before the DMV suspension goes into effect, I know exactly what has to be done and I move fast to get it done quickly.
The first thing I do is find out what kind of tickets you have. I am able to stop the DMV suspension or suspension if you just paid the ticket or just appeared before a judge and plead guilty. If you went to trial and lost the case, I am not able to set aside that point and stop the suspension.
There is a loophole in the law that allows me to set aside the point and stop the suspension. There are so many people who just pay the ticket without going to trial. I can set aside any point where you just paid the ticket or appeared before a judge and plead guilty.
If you appeared before a judge and plead guilty, you or I must get a copy of the court record and if the record does not show that you were advised of and waived your constitutional rights before pleading guilty, I can set that point aside.
I have been able to stop a DMV suspension in one day by getting the ticket and court case number information from my client, preparing a powerful law motion, taking that motion to court the next morning, arguing and having the motion granted that same day and contacting the DMV the next day to stop the suspension. It can be done.
Yesterday, I had two points set aside for two truck drivers in the same court. The removal of those two points was to reduce their point count because they were getting close to having too many points.
My work is very specialized, can save the day and is expensive to do. Feel free to call me and let’s see what can be done in your case. I don’t charge anything to carefully evaluate your case. I can and do appear in every California Court.
Stan Alari
Traffic Trial Lawyer Specialist
Toll Free: 1-877-769-7232
Stan The Radar Man
