Arrested Booked and Released. Now What?

Your First Deadline: DMV Ten-Day Hearing Request. The Police took your California Driver's License. In place of your license, you now have a pink 8x11 paper. This paper will serve as your temporary driver's license. If you look at the pink document carefully, you will see that you have just 10 days to request a DMV hearing. If you do not request a timely hearing you will not be able to do so later. Even if you think that you are going to be found guilty, you MUST make this hearing request. Your attorney can make the DMV hearing request on your behalf. Even if you do not have a winning DMV case, your attorney can help coordinate any DMV suspensions, and minimize the time that you are not allowed to be in your vehicle.

When Should I See an Attorney?

Pick up the phone: Your first court date may be as soon as 10 days or as late as six weeks from the date of your arrest. The time to see an attorney is now, while memories are fresh and witnesses still available. Everyone needs an attorney, guilty or innocent. In fact, innocent people need a lawyer more because a jury may not automatically find them innocent. You should plan to start meeting with potential attorneys as quickly as possible. Do not make the first court date without hiring your attorney. By the time that you first get to court several important dates have passed. A good attorney will have you making appointments within days of your arrest, in an effort to minimize any potential harm.

How Do I Choose An Attorney?

Take great care in selecting your DUI attorney. Of course you should make sure that your attorney is qualified, with plenty of trial experience and knowledgeable in DUI laws, but it is more than that. Do not pay for an experienced attorney who just sends a junior associate to court. Make sure that your attorney is interested in your case. Your attorney will never have more interest in your case than at the first meeting and the reception will never be better. If you find that your attorney is unable to connect with you, how do you think he interacts with the courtroom District Attorneys and Judges.


Bottom Line: We care! You deserve more than just a lawyer. There are many fine DUI lawyers in the 831. Experience is just the first factor. If you do not "connect" with your attorney, will he do any better in court? Face it; many people go through the Monterey County court system for DUI offenses every day. To the Judge and the District Attorney all the defendants look the same. It is up to your lawyer to make you stand out, to be seen as a person and not just another case number. If your lawyer lacks the ability to interact on a personal level with the system's players, you are going to be just another number.

Shawn C. Mills, Attorney at Law
Law Office of Shawn C. Mills
702-A Forest Avenue
Pacific Grove, CA 93950

Why Court and the DMV?

The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:

  • If you took a blood or breath or (if applicable) a urine test
  • Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
  • Were you placed under lawful arrest?
  • Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

DUI in the 831?

Shawn C. Mills, Esq.

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Strict Laws

California has some of the nation's strictest laws for driving under the influence (DUI). The DUI laws punish offenders for operating a motor vehicle while under the influence of alcohol, other drugs or a combination of alcohol and other drugs. Implementing California's laws has contributed significantly to the state's sharp declines in drinking and driving crashes.

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