DMV Defense

Placer County DMV Defense Attorney – Tiemann Defense

Defending Drivers in Roseville, Lincoln, Auburn & Rocklin

📞 916.939.3900
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678

If you are facing a DMV suspension, revocation, or re-examination in Placer County, you are dealing with an administrative process that is separate from criminal court. The California Department of Motor Vehicles (DMV) has the authority to suspend or revoke your driving privilege—even if your criminal case is dismissed.

At Tiemann Defense, we represent drivers throughout Roseville, Lincoln, Auburn, Rocklin, and all of Placer County in DMV hearings, including:

• DUI Administrative Per Se (APS) Hearings
• Negligent Operator (NOTS) Hearings
• Medical Re-examination Hearings
• Fatality Hearings

Protecting your license often requires fast action. In most cases, there is a deadline to request a hearing.  If you miss the deadline to contest the action, you may get suspended.

DUI Administrative Per Se (APS) Hearing

What Is a DUI APS Hearing?

When a driver is arrested for DUI in California and either:

• Tests 0.08% or higher (0.04% for commercial drivers; 0.01% for under 21), or
• Refuses to submit to a chemical test

The DMV automatically initiates an Administrative Per Se (APS) suspension. This action is separate from the criminal DUI court case.

You have 10 days from the date of arrest to request a DMV hearing, or your license will automatically be suspended.

Elements the DMV Must Prove (Standard DUI)

At the APS hearing, the DMV must prove:

1. The officer had reasonable cause to believe you were driving in violation of DUI laws.
2. You were lawfully arrested.
3. You were driving with a BAC of 0.08% or higher (or applicable limit).

For a refusal case, the DMV must prove:

1. Lawful arrest.
2. Proper advisement of consequences.
3. A willful refusal to submit to testing.

Potential APS Punishments

• First offense: 4-month suspension (restricted license eligibility)
• Refusal: 1-year suspension (no restriction eligibility)
• Increased penalties for prior offenses

These suspensions apply even if the court case is reduced or dismissed.

DUI APS Defenses

Effective defenses may include:

• Illegal traffic stop
• Improper arrest
• Rising blood alcohol defense
• Inaccurate breath or blood test
• Failure to properly advise regarding refusal consequences
• Lack of actual driving

Winning the APS hearing can prevent a suspension and protect your driving record.

Negligent Operator (NOTS) Hearing

What Is a Negligent Operator Suspension?

The DMV uses the Negligent Operator Treatment System (NOTS) to track points on your driving record.

You may face suspension if you accumulate:

• 4 points in 12 months
• 6 points in 24 months
• 8 points in 36 months

Common point violations include speeding, reckless driving, and at-fault accidents.

DMV’s Basis for Suspension

The DMV relies on your driving record and point total. No criminal conviction is required beyond the underlying citations.

Potential Punishment

• 6-month suspension
• 12-month probation
• Longer suspensions for repeat offenders

Defenses to a Negligent Operator Suspension

Possible defenses include:

• Incorrect or improperly assessed points
• Non-fault accident evidence
• Hardship considerations (employment, medical needs)
• Mitigation evidence showing improved driving behavior

An experienced DMV defense attorney can present evidence and argument to reduce or avoid suspension.

Medical Re-Examination Hearing

Why Would the DMV Order a Medical Re-Exam?

The DMV may require re-examination if it believes a driver has a medical condition affecting safe driving, such as:

• Seizure disorders
• Diabetes-related loss of consciousness
• Cognitive impairment
• Vision issues
• Psychiatric conditions
• Substance abuse concerns

Referrals often come from physicians, law enforcement, or family members.

What the DMV Evaluates

The DMV assesses:

• Whether the driver can safely operate a motor vehicle
• Medical stability and treatment compliance
• Risk of recurrence

Possible Outcomes

• No action
• Medical probation
• Restricted license
• Suspension or revocation

Defenses and Strategy

Strong defense strategies include:

• Updated medical evaluations
• Treating physician reports
• Proof of compliance with medication
• Evidence of stable condition
• Expert medical testimony

Proper preparation can mean the difference between retaining your license and losing your driving privilege.

DMV Fatality Hearings

When Is a Fatality Hearing Triggered?

If a driver is involved in an accident resulting in a death, the DMV may initiate a fatality hearing, even if criminal charges are not filed.

Issues Considered at a Fatality Hearing

The DMV examines:

• Whether the driver operated the vehicle negligently
• Whether the death was caused by driver misconduct
• Whether the driver poses an ongoing safety risk

This is separate from any criminal vehicular manslaughter case.

Possible Consequences

• License suspension
• Revocation
• Long-term loss of driving privileges

Defenses at a Fatality Hearing

Potential defenses may include:

• Lack of negligence
• Mechanical failure
• Road or weather conditions
• Comparative fault
• Insufficient causation evidence

These hearings are high-stakes and require detailed investigation and presentation of evidence.

Why Hire a Placer County DMV Defense Attorney?

DMV hearings are administrative proceedings with different rules than criminal court. However, the consequences are real and immediate.

An experienced attorney can:

• Subpoena officers and witnesses
• Challenge chemical testing procedures
• Present medical and expert evidence
• Cross-examine law enforcement
• Preserve testimony for use in criminal court
• Argue for restrictions instead of suspension

Protecting your license often protects your job, your family responsibilities, and your future.

Serving All of Placer County

Tiemann Defense represents drivers facing DMV actions in:

• Roseville
• Lincoln
• Auburn
• Rocklin
• Throughout Placer County, California

If you received a Notice of Suspension, Order of Probation, or DMV hearing notice, time is critical.

Contact Tiemann Defense Today

If your driving privilege is at risk, do not wait. DMV deadlines are short, and early intervention can make all the difference.

Tiemann Defense
📍 209 Harding Blvd. Suite 7
Roseville, CA 95678
📞 916.939.3900

Call today to protect your license and your future.