Knudsen v. Department of Motor Vehicles (Cal. Ct. App., Apr. 4, 2024, No. F085992) 2024 WL 1453228, at *1 Summary: Knudsen appealed the suspension of his driver’s license at an administrative per se (APS) hearing. A hearing officer for the Department of Motor Vehicles (“DMV”) concluded that Knudsen had driven…
Articles Posted in DMV Issues
DMV license suspension upheld where blood collection for BAC test did not comply with regulations
Phillips v. Gordon (Cal. Ct. App., Nov. 29, 2023, No. A165289) 2023 WL 8266154, at *1–2 Summary: Phillips appealed from the trial court’s denial of her petition for review of an order of the Department of Motor Vehicles (DMV) suspending her driver’s license for driving with a blood-alcohol concentration (BAC)…
Police Officer Testimony by Telephone at DMV Administrative Hearing is Improper when Driver Objects
Ramirez v. Superior Court of Kern County (Cal. Ct. App., Feb. 9, 2023, No. F082588) 2023 WL 2399712 Summary: A driver petitioned for writ of mandate ordering Department of Motor Vehicles (DMV) to set aside its driver’s license suspension order following his arrest for driving under the influence (DUI). The…
DMV’s Administrative Hearings to Suspend Licenses after DUI’s Violates Due Process
Plaintiffs and Respondents, v. CALIFORNIA DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants. (Cal. Ct. App., Apr. 15, 2022, No. B305604) 2022 WL 1125370 DMV Administrative Hearings after DUI Arrests and challenge by California DUI Lawyers The Department of Motor Vehicles (DMV) conducts administrative hearings to suspend a driver’s…
Branded Title and Restitution
People v. Newsom (Cal. Ct. App., Jan. 10, 2022, No. B312652) 2022 WL 92779, at *1 What is “Branded Title” A “branded title” can reduce a car’s resale value. According to the California DMV- Brands provide important information about a vehicle’s history. They are given to vehicles with high mileage,…
No dismissal of non-felony motor vehicle charges when defendant is charged in a single action and sentenced to prison
People v. Escareno (Cal. Ct. App., May 24, 2021, No. A160209) 2021 WL 2069434, at *1–4 Summary: Escareno pleaded no contest to two felonies, four misdemeanors and an infraction arising from a single incident of driving under the influence of alcohol and without a valid license. The trial court refused…
Reckless Driving (§ 23103) is Not a Lesser Included Offense of Felony Evasion of a Peace Officer
People v. Walker (Cal. Ct. App., May 6, 2021, No. A158423) 2021 WL 1811648, at *1–4 Summary: Walker appealed following his convictions for felony evasion of a peace officer (Veh. Code, § 2800.2)1 and other crimes. In the published portion of the opinion, the Court of Appeal rejected Walker’s contention…
DMV may use blood test results to suspend licenses even if there is a violation of blood test regulations
WILLIAM LEE GERWIG, JR., Plaintiff and Appellant, v. STEVE GORDON, as Director, etc., Defendant and Respondent. (Cal. Ct. App., Feb. 19, 2021, No. D076921) 2021 WL 650274 Summary: When the Department of Motor Vehicles (DMV) holds an administrative hearing to consider whether to suspend a driver’s license, it can usually…
Resumption of DMV Road Tests
The California DMV resumed behind-the-wheel testing beginning Friday, June 26. Drivers and DMV instructors will be required to wear face masks and drivers will be asked to lower two windows to increase air flow in the car. Pre-test instructions will be given outside the car. DMV examiners will also wear…
Tickets for speeding over 100 mph up 87% during COVID-19 Quarantine; DMV expands online services
The decrease in traffic during the COVID-19 shelter in place, has seen an increase in speeding tickets for driving over 100 mph. ‘From March 19, when the state’s stay-at-home order began, to April 19, the CHP issued 2,493 citations for speeding more than 100 mph, as compared with 1,335 during…