IMPORTANT - IF YOU WERE ARRESTED FOR SUSPICION OF DRIVING UNDER THE INFLUENCE, YOU OR YOUR ATTORNEY MUST CONTACT THE DRIVER SAFETY BRANCH IN THE AREA OF YOUR ARREST WITHIN 10 CALENDAR DAYS OF THE DATE OF ARREST TO REQUEST A HEARING OR YOU DON'T GET ONE.
I have included the fax numbers for the local driver safety offices so that you can preserve your proof of submitting the request within the 10 days (do you really trust the DMV) Take the bottom half of this page and fill it in and fax it to the driver safety office closest to where you were arrested. Make sure you do this from a fax machine that give you a "confirmation" that they received it. You would be surprised how often I have had to show these to get the DMV to believe someone actually faxed it in on time.
Northern California Driver Safety Branches are:
Oakland - 7677 Oakport Street, Suite 220, Oakland, CA 94621- Phone 510) 563-8900, fax 510) 563-8950
My Name is__________________________________ Today's date is____________________
My Driver's License is_____________________, I was arrested on (date)__________________
By an officer of (police agency)______________________________
I Hereby demand the following:
1) An "In Person" hearing respecting the admin per se action pursuant to Vehicle Code section 13558 before the effective date of suspension listed on the temporary license.
2) If the hearing cannot be held within that time, I demand a stay of the action pending the hearing and decision. This request is being made within the 10 days of the arrest and in no way do I waive my right to a hearing within 30 days.
3) Discovery Provided pursuant to Gov. Code section 11507, including any DS 393 forms for returning documents to Officers for alterations, and copies of subpeonas for any witnesses the department intends to call.
4) if not applicable cross off) I request an interpreter present who can translate the _____________ Language for me both so that I can communicate with my attorney and understand the proceedings.
I will be obtaining an attorney to represent me at the hearing, who will notify you of their representation of myself and schedule the hearing.