CALIFORNIA DMV
Stage 1: Request an APS Hearing
- MUST be done within 10 days of arrest
- Can be done over the phone
- Request a stay of the temporary drivers license
- Request discovery
- Inform DMV whether hearing will take place in person or over the phone
- Get date and time of hearing
- DMV/ APS hearing is separate and distinct from superior court
Stage 2: APS Hearing
- Administrative Per Se Hearing
- Hearing is before a DMV Hearing Officer
- Hearing officer acts as judge, jury, and prosecutor
- DMV must find:
- Peace officer had reasonable cause to believe you were driving a motor vehicle impaired;
- You were placed under lawful arrest; and
- You were driving a motor vehicle when you had .08% BAC.
- Standard of proof is “preponderance of the evidence”
- Much lower standard than “beyond a reasonable doubt” which is used in the superior court case
SUPERIOR COURT
Stage 1: Arraignment
- Your First Court Appearance
- Enter a not guilty plea
- Demand discovery
- Set date for Readiness Conference
- Attorney can appear on your behalf
Stage 2: Readiness Conference
- Trial Setting Department (TSD)
- Negotiate the case with the prosecutor and judge- possible plea bargain
- Make sure discovery is in order
Stage 3: Motions
- Hearing on the Motions Filed
- Argue Motion to Suppress
- Argue Discovery Motions
- Review trial strategy
- Subpoena witnesses
- Prepare for trial
Stage 4: Trial
- Jury Trial
- Motions in Limine
- Pick a jury (“voir dire”)
- Opening statements
- Prosecution puts on its case
- Mid trial motions
- Defense puts on its case
- End of trial motions
- Closing arguments
- Verdict (Not Guilty!)
