DMV/DUI Representation

Contrary to what you may have heard, a DUI conviction is not inevitable, nor is the suspension of your right to drive.

You or your attorney must contact the DMV within 10 days of the arrest and request a DMV hearing and a stay of the proposed suspension.

I have prevailed in the majority of my Administrative Law DMV hearings from 1991 to the present, in actions on driver’s licenses involving alcohol, questions of advanced age, medical conditions such as seizures, negligent operation, and vehicular manslaughter.

Even in cases of road blocks (sobriety checkpoints) and accidents, I have been able to save the licensee’s driver’s license.

I can also assist individuals and organizations in administrative law hearings involving professional licensing, whether her clients are interns fighting to stay in their medical programs, auto dealers trying to keep their dealer’s licenses, and professionals with licenses from the Fish and Game department to raise and sell prohibited or rare animal species.

Do you reside out of county or out of state, or would prefer not to take time off from work? I can satisfactorily resolve most misdemeanor cases without your appearance at the court or at the DMV.

Did you know that drug addiction is a disease and that the law now mandates therapeutic dispositions?

I understand recovery, and can also assist you in a counseling capacity if you feel the need.

I am a sensitive and thorough Santa Cruz County attorney and am familiar with the local policies of the Santa Cruz Superior Court and the Santa Cruz Office of the District Attorney. I have been conducting this type of DMV hearing since 1991. Currently, I serve the Santa Cruz Superior Court as Judge Pro Tem, and I have presided over many traffic cases in that capacity. I also have been both a Superior Court Staff Attorney and a Superior Court Arbitrator.

Joseph Weatherman, CEO of TriStar Motors, who teaches and licenses car dealers statewide, writes:

“In my class we discuss your success as a DMV attorney (DUI cases and radar tickets) and your experience as a Judge Pro Tem and a County Administrative Hearing Officer, hearing cases, writing recorded decisions and orders, and applying the Municipal Code to compliance issues. You certainly know
‘the system.’

“We also emphasize your collaborative approach, and that if vengeance and an aggressive court fight is their wish, you are not the person to take their case.

“On the other hand I represent you as very fair, a good listener, and truly willing to help if you can; I will make a referral elsewhere if I feel another legal professional would provide better service.”

I can assist seniors, diabetics, people with medical problems, too many tickets or vehicular points against them for accidents, or pending DUI charges, in obtaining successful results through the DMV administrative hearing process. I have prevailed in all the aforementioned areas more than 90% of the time, with my diligence, experience and attention to relevant detail.

“I am a senior with Type 2 diabetes who had seizures when my doctor changed my medication. I had my diabetes under control for twenty years prior to this. The DMV took my license away in 1999, and Miss Francone got it back for me. Then in 2007 the same thing happened again, and Miss Francone worked with the DMV and my physicians to get my diabetes under control again. She also got my license back for me.”

“I work in the airline industry and need my driver’s license for work. It was suspended when an elderly lady crossed the street directly in front of my car; although I responded as quickly as humanly possible, given the physics involved, I hit her and caused her death. Miss Francone appealed the DMV decision to revoke my license, showing that the accident was unavoidable, and not my fault. The DMV gave me my license back.”

Having the right defense team and keeping a positive attitude can make a huge difference in the outcome of your case. Each of my retained cases is evaluated by a highly qualified forensic toxicologist who is State licensed, and who has testified as a forensic toxicology expert in over 3000 alcohol-related criminal and DMV cases. He has also been in charge of both prosecution-oriented and defense-oriented laboratories, has evaluated over 10,000 cases such as yours, and has the same type of license as the Department of Justice.

My colleagues and I specialize in all criminal driving-related matters, especially those involving allegations of alcohol and drugs. Typically our cases involve one or more of the following charges: Vehicle Code Sections 23152(a)(b), 23153, 14601, 12500, and Health and Safety Code Sections 11550, 11350, 11377 and 11357.

Call today to set up an appointment at our Capitola offices and learn of all your options, in order to make an informed decision about your case, which can affect your driving rights for years to come.

If you are interested in finding out more about your driving rights and responsibilities, at the DMV, in court, and with insurance, please call me directly at 831 684-1077.