Rodney's Blog

In 2009, Auburn v. DMV further lessened the burden of proof in DMV Administrative Per Se Hearings for Driving Under the Influence.  Evidence that the arresting officer had observed the driver weaving in his lane, and almost hit the curb, supported finding of reasonable suspicion to justify a traffic stop, even absent showing of officer’s particular expertise or that weaving occurred over a substantial or considerable distance.

Unlike Criminal Courts, DMV Administrative Hearings/Courts have a different standard of proof.  Although a police officer must establish the proper foundation that he has been trained in observing signs of bad driving and describe such bad driving (i.e.: how long the Defendant weaved in his lane) in Criminal Courts; such foundation was deemed unnecessary by the DMV.  Thus making the standard of proof even less in Administrative Per Se Hearings.

Mr. Nosratabadi has represented hundreds of licensees in DMV Administrative Per Se Hearings and has obtained very favorable results.  In the event that your California Driver’s License is subject to an Administrative Per Se Hearing, you need a knowledgeable attorney on your side to help you to preserve your driving rights. Please call us at (714) 955-8365 for a free telephonic consultation.