What The DMV May Send You Before You Hearing

Transcript:
Attorney Myles L. Berman explains there are 3 ways to get a copy of the police report for a DUI arrest in California. You could visit the local police department to request a copy of the police report. The police department is not required to provide the information to you if the report contains confidential information such as addresses and phone numbers of witnesses. However, they may provide a report with the confidential information removed. The California Department of Motor Vehicles is another source for getting the police report. The DMV accepts requests for a police report as long as you make your request within the 10 day time period for scheduling an APS hearing where the opportunity to prove that the suspension or revocation of your driving license is not warranted. They will mail a copy of the police report to you or your attorney so you can prepare your defense for the APS hearing.

If you refuse to submit to a chemical test during your arrest for a DUI, having a criminal defense lawyer represent you at the DWI refusal hearing at the DMV is strongly advised. The lawyer can request the police report along with the result of any breath, blood or chemical test and other legal information related to the case. You have an opportunity to obtain a copy of the police report at your arraignment hearing in court. The court explains the DUI charges at the arraignment hearing and you are given an opportunity to plead guilty, not guilty or no contest. Your lawyer can explain the charges and various pleadings to help you decide how to plead your case. The lawyer may ask prosecution to provide copies of the lab result and other documents related to your case at the arraignment hearing.

This is a crucial hearing for several reasons, most importantly, failing to be present for the arraignment could result in a contempt of court charge and the judge could issue a warrant for your arrest.

Contact Top Gun Criminal Defense Attorney Myles L. Berman serving clients throughout Southern California and he will represent you with the care and attention you expect.