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Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. The web pages currently in English on the DMV website are the official and accurate source for the program information and services the DMV provides. The DMV is unable to guarantee the accuracy of any translation provided by Google™ Translate and is therefore not liable for any inaccurate information or changes in the formatting of the pages resulting from the use of the translation application tool.

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Google™ Translate is a free third-party service, which is not controlled by the DMV. This translation application tool is provided for purposes of information and convenience only. The Department of Motor Vehicles (DMV) website uses Google™ Translate to provide automatic translation of its web pages. These time periods and other specific information concerning your rights will be stated on the notice containing the hearing decision. Requests for the administrative review or to appeal the decision in court must be made within a certain time period dependent on the type of hearing and as described in the Vehicle Code.

#San jose dmv hearing office phone driver#

CVC §§13353 and 13353.2 Questions regarding this fee should be directed to the DMV Driver Safety Office where your hearing was conducted. On or after January 1, 2003, new legislation authorizes DMV to collect a $120 fee for a departmental review following an Administrative Per Se (APS) hearing. If the decision from the hearing is against you, you have the right to request DMV to conduct an administrative review of the decision, as well as the right to appeal the decision to Superior Court. You also have the right to testify on your own behalf.įollowing the hearing, you have the right to receive a decision in writing. You have the right to review the evidence and to cross examine the testimony of any witnesses for DMV, and to present evidence and witnesses on your own behalf. You are not required to have an attorney represent you. You have the right to be represented by an attorney or other representative at your own expense. What are my legal rights at a DMV administrative hearing?

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The rules that control these hearings are found in the California Vehicle Code (CVC), the Government Code (Administrative Procedures Act), and in various Appellate and Supreme Court rulings.įollowing the hearing, the Driver Safety Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action. The hearing is held before a Driver Safety Hearing Officer from DMV.Īt the hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of DMV, and to present evidence, witnesses, and testimony to persuade DMV to modify or rescind the action. The hearings are recorded and are conducted by telephone or in person.

(A discretionary action is one where the law permits, but does not require, DMV to order an action).Ī person must request a hearing within 10 days of receiving notice of the action against their driving privilege. If DMV orders a discretionary action against a person’s driving privilege, that person has the right to a hearing before DMV to challenge the action and review the evidence supporting it.