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Dmv Procedure And Defenses Unmatched Skill, Unwavering Advocacy.

DMV Procedure and Defenses in Santa Rosa

After arrest, if you are over 21 years of age, you are given a DMV form and your physical license is surrendered to the police. On this form, the DMV DS-367, you are advised of the bare evidence against you. Specifically, you are apprised of what physical evidence was obtained (breath or blood sample), what that evidence supports as far as DUI charges go, and what legal basis or bases the investigating agency has for stopping you.

You have only 10 calendar days from the date of arrest to contact the California DMV to request a hearing, which places a stay on the automatic suspension of your license. Contacting the DMV within 10 days does not mean that you will not face a license suspension; it simply affords you the opportunity to have a hearing.

When notifying the DMV that you would like a hearing, you will need to have your pink DMV DS-367 available for a few questions that the DMV staff will ask of you. NEVER let the DMV clerk turn you away. You have a right to a hearing. However, It is always advisable to have an attorney contact the DMV on your behalf. The Administrative Per Se (APS) hearing is an important part of your DUI case and scheduling and coordinating with the timing of the court system may be key to the overall strategy in your case.

Make sure you keep the DMV DS-367 form, as it helps your lawyer to glean important facts that help your defense in a DUI matter. If you are cited to appear in court or bailed out of jail to appear, your court date won’t usually take place until 30-days from the date of citation. Contacting a seasoned Santa Rosa DUI attorney as soon as possible after your arrest will ensure that your license doesn’t go into suspension before your court date has even taken place.

At the APS hearing, you have the right to present a defense to the DUI charge and cross-examine the officer who arrested you. Whether or not you prevail at this hearing depends on which legal defenses apply to your particular case. What experienced Sonoma County DUI lawyers know will help win a case at the DMV are the legality of the officer’s conduct, the blood alcohol level you tested at and whether there are legal issues discrediting the accuracy of that test, and the sufficiency of other evidence such as the police report and other documentation of your DUI arrest.

Don’t go it alone at these hearings — contact Wilber Law Offices today to help you navigate the hearing in concert with the court procedures for the best possible outcome of your case as a whole.

Our Settlements & Verdicts

  • Case Dismissed Client Accused Of Possessing 2-pounds Of Marijuana For Sale
  • Case Dismissed Client Accused Of Possessing 7-pounds Of Methamphetamine With Intent To Sell
  • Case Dismissed Client Accused Of Possessing Marijuana
  • Not Guilty Client Charged With Assault Charges And Gang Enhancements
  • Case Dismissed Client Charged With Battery On A Correctional Officer And Resisting An Officer
  • Case Dismissed Client Charged With Domestic Violence
  • Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
  • Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
  • Case Dismissed Client Charged With Felony Cultivation Of Marijuana, Possession Of Marijuana For Sale, And Misdemeanor Narcotics Charges
  • Case Dismissed Client Charged With Felony Possession Of A Baton And Misdemeanor Possession Of A Concealed Handgun
  • Case Dismissed Client Charged With Possession
  • Case Dismissed Client Charged With Theft And Elder Fraud

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Hear From Our Happy Clients

At Wilber Law Offices, P.C., your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “Focused, Articulate and Thoughtful. Ryan is an asset to anyone needing legal assistance.”
    Ryan is an asset to anyone needing legal assistance. Whether it is a simple question, a case where you need valuable perspective, or the beginning of a long and arduous process, Ryan has the knowledge and intellect that you want on your side. His thoughtful demeanor, his knowledge of the law and his desire to succeed are all traits that are surprisingly lacking with some other attorneys. I would not hesitate to use Ryan for any of my legal needs now and in the future.
    Jeremiah
    “Thank You! I am beyond thankful and amazed by their work.”
    Ryan absolutely did magic on my trial, and was able to change my life by dodging an underage DUI. This would have been huge for my life and record for 10 years !  Jake as well was always there when I needed him. Always had time, patient and helped me tremendously with the stress I was going through during the process of my DUI. Both were genuine and caring attorneys who are the best at what they do. Thank You ! I am beyond thankful and amazed by their work.
    Sam
    “Rachel you are a great attorney, your arguments were clear and factual. Your attention to detail was over the top and your counter arguing was impressive.”
    There are no words on how to thank you for all you have done for me and our family, especially John Doe. He has been given a second chance at life and I will pray and hope that he will succeed… Rachel you are a great attorney, your arguments were clear and factual. Your attention to detail was over the top and your counter arguing was impressive. You should be highly regarded…
    Former Client
    “Ryan is a consummate professional. I would recommend his services to anyone.”
    Ryan is a consummate professional. I hired him to represent me on a high value fraud case. He was very attentive to my requests, always followed up with me in a timely manner, and ultimately won my case to the tune of over $400,000.
    Chuckles G.
    “If your looking for an experienced trial lawyer this is the team you want to hire.”
    Ryan Wilber & Wilber Law Offices helped me a lot (and that’s an understatement!)  He was able to negotiate a deal for me that saved my career and kept me out of serious trouble. They are the best in Santa Rosa / Sonoma County. If you need legal help I fully recommend them!  If your looking for an experienced trial lawyer this is the team you want to hire.  He acted as a shield in my time of need and is the legal protection you want to hire in the complicated legal process of the court system.
    William H.
    “I’ve consulted Ryan over the last year on several legal matters, both personal and financial. His knowledge of the law is comprehensive and his counsel has been invaluable to me.”
    I’ve consulted Ryan over the last year on several legal matters, both personal and financial. His knowledge of the law is comprehensive and his counsel has been invaluable to me. I’ve talked to a few other lawyers in the past that I felt good about and were knowledgeable, but where Ryan really stood apart from the others was in his ability to help me fully grasp my options and clarify the legal process so I could make hard decisions with confidence. I was getting pushed around and feeling a bit intimidated before he helped me fight back. I’m very thankful to have Ryan there when I need him!
    Former Client
    “I’ve known Ryan for the better part of 20 years, he is very passionate about his work and it shows!”
    I just went through the painstaking process of getting a DUI in Sonoma County. Ryan Wilber and his team did an amazing job in making this process go as smooth as possible. I’ve known Ryan for the better part of 20 years, he is very passionate about his work and it shows! Ryan and his office kept me informed with the most up to date information regarding my case and I was also able to log into an online account that was set up where I could access all of my documents. If you need legal help I would highly recommend Wilber Law Offices.
    Beau K.
    “One of the best experiences in my life. Professional, courteous and understanding through whole process.”
    One of the best experiences in my life. Professional, courteous and understanding through whole process. Want to point out Ryan Wilber in particular, a special breed of cat. He is smart, intuitive and a brilliant lawyer!
    Scott J.