Drunk Driving/DMV

SAN JOSE DUI LAWYER-MICHAEL REHM-(408)489-2007

If you have been arrested for a DUI in Santa Clara County, the first step to ensure a successful defense is to set a hearing with the California DMV within ten days of your arrest.  You, or your attorney, must call the San Jose DMV Driver Safety Office at (408) 229-7100 to set up you Administrative Per Se Hearing, as it is called.  The Law Office of Michael Rehm provides this service for all clients.

Setting the hearing not only gives you an opportunity to contest the DUI with the DMV, it also allows you to obtain the police report and a stay on any license suspension that would normally result 30 days from the arrest date, if no hearing was set.  Obtaining the police report, many times before the court date, give the defense an obvious advantage by allowing preparation for a strong defense even before the first court date.  Setting the hearing and requesting the police report from the DMV is a step that cannot be emphasized enough.

The first court date in Santa Clara County is your arraignment. At the arraignment, the Judge will inform you of the charges against and ask for a plea.  Generally a plea of not guilty is entered and the matter is set for a pre-trial conference about 30 days out.  This is where the real negotiation begins with the prosecution. Although, in San Jose especially, incentive can be given for early resolution at the arraignment.  That is another reason why it is so crucial to obtain the police report before the initial appearance, so you are prepared at the arraignment.  Generally speaking though, there is too much outstanding evidence that is needed before a resolution can occur at the arraignment.  Some examples of outstanding evidence usually include:

(1)    The calibration records of any breathalyzer device used

(2)    Evidence related to the blood draw

(3)    Any patrol car video that might be in existence

If the matter does not resolve at the pre-trial phase, there are several paths a case can take, including:

(1)    Motion to Strike Prior Convictions – if it is a 2^nd, 3^rd,or more offense

(2)    Motion to Suppress Evidence – challenging the reason for the stop in the first place and/or the probable cause for the arrest.

(3)    Pitchess Motions – motion to examine police files for documentation of police misconduct.

(4)    Formal Motion for Discovery – motion to obtain Discovery that the prosecution for some reason has not turned over.

(5)    Bench or Jury Trial