Driving is considered a privilege and not a legal right. The California Dept. of Motor Vehicles, the issuing agency for all drivers licenses in the state, may try and suspend or revoke your driver's license for various reasons. However, the DMV cannot suspend or revoke your license without giving you an opportunity for a hearing. This is a due process right, and this is where Jeffrey Kaloustian can really help preserve your license.
If you have had problems involving your ability to drive, no matter what the circumstances, the Department of Motor Vehicles (DMV) may have a hearing about whether or not to revoke your driver's license. If a hearing has been scheduled, the assistance of a competent and dedicated attorney like Jeffrey Kaloustian can lead to you retaining your driving privileges.
Some of the types of hearings where he has successfully defeated a proposed DMV suspension include:
Medical Reexamination Hearings
If it has been reported to DMV that you have a physical or mental condition that can affect your ability to drive, Attorney Kaloustian will present evidence at a reexamination hearing in order to help you keep your driving privileges intact. These hearings can be complex, involving the opinions of medical doctors and specialists and the involvement of prescribed medications. As a former emergency medical technician (EMT), Jeffrey will master both the medical and legal issues that are the focus of these types of hearings.
Do not take a chance at appearing at a hearing alone. Contact the Law Office of Jeffrey Kaloustian for help. His office is in Oakland and he serves all those in the Bay Area as well as residents of Nevada, Placer, Plumas and Sierra Counties.
Negligent Operator Hearings (Calif. Vehicle Code § 12810.5)
Being found guilty of a “moving violation” such as speeding or a running a red light often results in a “point” being assessed on your DMV driving record. If you are primarily at fault for a vehicle collision, you will also likely have a point assessed by the DMV. A DUI, reckless driving, 100 MPH+ or driving on suspended license conviction carries two points on your license.
If you accumulate too many points on your driver's license in too short a period of time, the DMV may try and suspend or revoke your license because they will presume you to be a “negligent operator." California Vehicle Code ("CVC") section 12810.5 states in part "a person whose driving record shows a violation point count of four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months shall be prima facie presumed to be a negligent operator of a motor vehicle."
This presumption can be challenged successfully to preserve your license, and attorney Kaloustian's skill and knowledge can help you achieve that end.
Financial Responsibility Hearings (Calif. Vehicle Code § 16075)
California law requires drivers to carry auto liability insurance coverage of at least $15,000 per person, $30,000 per incident, and $5000 for property damage. Financial Responsibility hearings generally occur if you were involved in an accident and the DMV believes that you did not have the legally required insurance on your vehicle. The DMV can suspend your license if they are satisfied with proof that you did not have the required insurance and were involved in an accident that resulted in property damage of $1000 or more or any injury. These hearings can be won by challenging the evidence through cross examination of witnesses and by making legal objections to the sufficiency of the evidence.
