In Southern California, the DMV has decided to toughen up on their policy regarding copies of discovery (e.g. police reports, chemical test results, DS 367, etc.) and their distribution as it relates to APS (or DUI DMV) hearings.
Previously, DMV employees would automatically send the discovery to licensees and attorneys without a formal request. However, an unidentified DMV employee has reported that the DMV will not be giving discovery to licensees OR their attorneys unless a request is made at least 10 days before the administrative hearing.
REPRESENTING YOURSELF AT THE DMV HEARING
If you plan on representing yourself at your APS hearing, do not assume that the DMV will provide you with the evidence they have against you. You must request this information from the DMV prior to the hearing date. If you ask for it on the day of the DMV hearing, the Hearing Officer has been instructed to give you a copy of the discovery, but the hearing will not be continued.
This information is contained on the pink temporary license that the officer gives you at the time of the arrest, but the DMV has not been enforcing it until now. So don’t be caught off guard! When you request your DMV hearing, request the discovery as well. Be sure to put both requests in writing so that you have a record in case the DMV tries to later say that you did not request discovery.