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Los Angeles DMV Hearing Attorneys 

Frequently Asked Questions

Frequently Asked Questions

Q. What is an administrative hearing?

A. In most circumstances where DMV orders a discretionary action against a person's driving privilege, that person has the right to a hearing before the department to contest the action and review the evidence supporting it. You must request a hearing within ten days of receiving notice of the action against the driving privilege. The hearing is tape recorded and may be conducted by telephone or in person. The hearing is held before a Driver Safety Hearing Officer of the department. At the hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of the department, and to present evidence, witnesses and testimony to persuade the department to modify or rescind the action. The rules that control these hearings are found in the Vehicle Code, the Government Code (Administrative Procedures Act) and in various Appellate and Supreme Court rulings. Following the hearing, the Driver Safety Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action.

Q. What are my legal rights at a DMV administrative hearing?

A. You have the right to be represented by a Los Angeles DMV hearing attorney or other representative. At Takakjian & Sitkoff, LLP we have helped our clients keep their driver license. You have the right to review the evidence and to cross examine the testimony of any witnesses for the department, and to present evidence and witnesses on your own behalf, as well as the right to testify on your own behalf. Following the hearing, you have the right to be provided a decision in writing. Should the decision resulting from the hearing be against you, you have the right to request the department to conduct an administrative review of the decision, as well as the right to appeal the decision to superior court. Requests for the administrative review or to appeal the decision in court must be made within a certain time period depending on the type of hearing and as described in the Vehicle Code. These time periods and other specific information concerning your rights will be stated on the notice containing the hearing decision.

Q. How do I schedule a hearing?

A. At Takakjian & Sitkoff, LLP our Los Angeles license revocation lawyers schedule the hearing for you and we can even appear on your behalf. But you only have ten days following receipt of the notice to request a hearing, so please call us immediately at (888) 579-4844. Or you may schedule the hearing yourself by writing to or telephoning one of the DMV Driver Safety Offices which can be found on the web at http://www.dmv.ca.gov/fo/fotocds.htm. Be sure to identify yourself by your full name, your driver license number, and your date of birth. You will also be asked to verify your correct mailing address.

Q. What if I need an interpreter?

A. If you or a witness requires a sign or language interpreter, immediately contact us so that we can notify the Driver Safety Office to request that an interpreter be provided for the hearing.

Q. What if I do not appear at the hearing?

A. If you request a hearing and do not attend the hearing and you have not retained a Los Angeles criminal defense attorney to represent you, the department will proceed with the case against you and suspend your license.

Q. Will the hearing location be accessible to persons with disabilities?

A. Hearing locations are accessible to persons with disabilities. However, we will check with the department in advance to assure accessibility for you. In addition, if you know persons who plan to attend who have special needs that require reasonable accommodation, please contact us so that we can notify the DMV as soon as possible, so that arrangements can be made.

Q. If my license has been suspended or revoked can I use an "International Driver License" instead?

A. No, the State of California does not recognize an International Driving Permit (IDP) as a valid driver license. California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident.

The IDP is only a translation of information contained on a person's foreign driver license and is not required to operate a motor vehicle in California. Citations issued to a person in California who has an IDP, but does not have a California driver license will be placed on the Department of Motor Vehicle database.

The IDP is also called an International Driver License, International License, etc.

For more information about travel and driver licensing requirements outside of the US, visit the US State Department Road Safety Overseas website at: http://travel.state.gov/travel/tips/safety/safety_1179.html

Q. When am I required to report an accident to DMV?

A. If you are involved in a vehicle accident that occurred in California, you must report it to DMV if:
There was property damage of more than $500 or
any one was injured (no matter how minor) or killed.

Each driver must make a report to DMV within 10 days, whether you caused the accident or not and even if the accident occurred on private property.

You must complete both parts of the two-part DMV Traffic Accident Report form SR 1/SR 1A. http://dmv.ca.gov/forms/sr/sr1.pdf If you download the form from the DMV website you will need 8 ½ by 14 legal paper and to change your print setting to legal size.

When you have completed the form, you can mail it to:

Department of Motor Vehicles
Financial Responsibility
P.O. Box 942884
Mail Station J-237
Sacramento, California 94284-0884

If you do not submit this report, your driving privilege will be suspended. DMV may ask your insurance company to verify that you had coverage in effect at the time of the accident. If you did not have insurance, your driving privilege will be suspended for 1 year. To get your license back, after the suspension, you will need to provide proof of financial responsibility and maintain it on record for 3 years. The accident may count as 1 point on your driving record.

Q. How much liability insurance is required?

A. California requires that drivers and vehicle owners carry the following minimum monetary limits: · $15,000 for injury or death of 1 person per accident · $30,000 for injury or death of 2 or more persons per accident · $5,000 for property damage per accident Evidence of financial responsibility must be carried at all times in the vehicle. Most Californians maintain financial responsibility through insurance companies, which provide the policyholder with an identification card as evidence of coverage. The card must state the insurance company's name and address, the period of coverage and policy number.

Q. The DMV has notified me that I need to file an SR 22. What is this form and where do I get one?

A. DMV proof of insurance form SR 22 must be filed following a DUI conviction, license suspension or revocation. Unfortunately, the SR 22 form is not the same as the proof of insurance card previously issued to you by your insurance company that you may be keeping in your glove compartment of your car. You will need to ask for an SR 22 from your insurance company. Some insurance companies will automatically download this information to DMV upon your request. Otherwise, you will need to get the SR 22 paperwork from your insurance company and then file it with your local DMV office.

An SR 22 is a form that can be filed by your insurance company with the DMV to confirm that you are insured. There are three types of auto insurance policies:

  1. "Owner's Policy" states to the DMV that the person named on the SR 22 form is insured while driving any vehicle that he/she owns.
  2. "Operator's Policy" states to the DMV that the person named on the SR 22 form is insured while driving any vehicle not owned by the operator. This policy is for individuals who only drive vehicles owned by someone else.
  3. "Broad Form - Owner/Operator Policy" states to the DMV that the person named on the SR 22 form is insured while driving any vehicle.

Once you get insurance and file the SR 22 form with the DMV you must maintain the policy or DMV will again suspend or revoke your driver license. The SR 22 form requires that the insurance company notify DMV in the event that the policy is canceled or lapses for lack of payment.

Q. I was in a reportable accident. How do I get information on the other party?

A. Each driver involved in an accident that caused more than $500 worth of property damage or injured or killed any person must complete a Traffic Accident Report form SR 1 within 10 days. You may obtain a photocopy of the report that the other driver submitted to DMV by completing a Financial Responsibility Document Request form SR 19C and mailing it to the address printed on top of the form. You may also request the other driver's insurance information and/or a certification that the other driver was not insured (Uninsured Motorist Certificate).

A number of our clients have been very pleased with the service provided by the following insurance companies:

Auto Insurance Specialists - http://www.aisinsurance.com
Progressive Insurance - http://www1.progressive.com

If you have been involved in an accident or have been arrested for Driving Under the Influence - DUI, please call us immediately at (888) 579-4844. We can help you.

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