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Any cracker jack DUl atty familiar with California VC 14106? Can I request a DMV hearing be reopened to present new evidence?
Anonymous2 views4 answers
CVC 14106 states in part:
Following the...department's decision...the department...upon the request of the person whose privilege of driving
is in question, may reopen the question, take further evidence, or
change or set aside any order previously made.
Emphasis: DMV may reopen a hearing or take further evidence AT MY REQUEST. I was arrested while drunk sleeping in my car. Odd as it sounds, my attorney and I never discussed the particulars of how I got there. NO DUI CHARGES WERE FILED. Statute of limitations has passed. She felt confident in problem w/the PC section of the DS367 and made that her sole argument. I didnt testify.Lost at DMV & a writ. My story, while embarrassing, & 1 witness can prove I wasn't DRIVING >.08. Can DMV reopen & take addtl evidence under 14106 so I get justice
Robert Matthew CargalDUI / DWI AttorneyPasadena, CACA licensed ·
A CVC 14106 petition is discretionary on the part of the DMV. Typically, you bring this type of petition when there is new information that was discovered after the original APS hearing. In your case the DMV may question whether your additional information was known to you at the time of the APS hearing and if so, why wasn't it presented. Bad advice from an attorney is not usually a good legal excuse to reopen the hearing. However, in your case, your remedies are limited. So you have nothing to lose by petitioning to reopen. Good Luck and check out my website for addional information on this topic and other DUI related topics.
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
If you have already litigated and lost a writ, I am doubtful that DMV will reopen the hearing. Technically, 14106 modifies 14105.5 which is a rehearing on your suspension, not the original hearing. So, technically the law says that DMV may allow you to reopen the question if you have already had a rehearing pursuant to 14105.5. Logically, it seems that you should have a crack at reopening the case, whether you had a rehearing or not. Since the statute says, "may," it gives DMV the discretion to grant or deny your request for reopening the evidence at its will. Since DMV is notoriously opposed to any contests of these actions, you are facing an uphill battle. But, it never hurts to make the request. Good luck to you.
Thanks for your posting.
The answer to your question is that you can always request that a DMV hearing be reopened. Depending on the timing, you also may still have appeal rights via an administrative review of your hearing, or a court appeal.
I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.
