Should You Submit A Brief For Your DMV Hearing?
In this blog, I’ll be covering some of the pros and cons of submitting a brief for your DMV hearing. But first we should break down a few things.
When is it Appropriate to Submit a Brief?
There are recurring issues that come up in DMV hearings. Therefore, if you have an issue that is unique and chances are that the officer is not well versed in the law in the area that controls your issue, then it is probably a good idea to write a brief and submit it to the officer.
What is a Brief?
A brief can be described as a document that lays out the law and applies the law to the facts that occurred in your case. The aim of a brief is to state why you should win, and how the law is on your side.
How to Submit Your Brief
In a DMV hearing, you will receive a notice telling the name of the officer. A few days before your hearing, you can fax your brief to the officer.
What are the pros and cons of submitting a brief to the DMV?
Pros
One of the pros of submitting a brief is educating the officer that will decide whether or not your license will be suspended. DMV officers are not trained in the law. At most, officers receive important points from their supervisors, which is limited. Therefore, if a brief covers a portion of the law that is not well known to the officer and that point favors your case, you have the chance of educating the officer and persuading him/her on why you should win your hearing.
Second, you stand out. The officer may take note that you took the time to write out a brief and submit it to the DMV office. Not many people or attorneys do this. Instead of getting lost in a pile of hearings, the officer will likely remember your case and give your arguments fair consideration.
Lastly, you create a record if you want to appeal a bad outcome. If you lose your case when you were in fact supposed to win, you leave a record when you submit your brief. Make sure to cover the points in your brief when it is your turn to present your case.
Cons
It is kinda difficult finding any drawbacks to submitting a brief to the DMV for your case. Aside from the fact that writing a brief can be time consuming, there are likely no substantive drawbacks.
We Can Help
If you are facing a DUI charge in Southern California, the Law Offices of Mark A. Gallagher can help. Our office has successfully handled countless DUI cases during the last 20 years. It’s important to note that every case is different, as is every potential outcome, so it’s in your best interest to call our offices at 800-797-87406 to speak to one of our attorneys about your particular case. Call today for your free consultation or visit https://www.socaldefenselawyers.com/ for more information.
