Arrest details: The Client is a truck driver dependent on his Class A commercial license in order to earn a living. While driving his car, he was stopped by the CHP for “weaving.” His attorney obtained a copy of a video of the stop, which showed that the Client was not committing any violation of the rules of the road when he was stopped. At the Client’s DMV hearing, the DMV refused to view the video or admit it into evidence. The DMV then suspended his license for four-months, and his commercial license for one-year. We filed a Writ challenging the DMV’s violation of the Client’s Due Process right to a fair and meaningful hearing, which the DMV settled by agreeing to grant the Client a new hearing. At the new hearing, the DMV erroneously concluded that the video showed the Client “weaving” within his lane.
How we won: The Client came to us to save his license and livelihood. We were able to demonstrate that it was likely the DMV had abused its discretion because the video demonstrated the traffic stop of the Client was unlawful. The Court put the suspension on hold while the case is pending.