Licensing, insurance and the law
At your DMV administrative hearing, you want to question the person who prepared a document DMV is using as evidence. What does the handbook say?
- It is up to you to get a subpoena for that person. Correct answer
- DMV must bring everyone who prepared its documents to the hearing.
- Only an attorney may question witnesses, so you must hire one.
Why
At the hearing DMV builds its case only on written documents. If you want to question someone who prepared one of them, or who is listed in it, getting a subpoena is your job, not DMV's, which rules out the idea that DMV will produce its authors. You do have the right to present your own evidence and witnesses, to review the evidence and cross-examine any witness, and to speak for yourself or be represented by an attorney or someone else at your own expense. An attorney is not required, which is why the last answer is wrong.
Where this comes from
California Driver's Handbook, June 2025 edition. The correct answer is It is up to you to get a subpoena for that person.
The rule behind this one
License, points and insurance in California goes through the whole topic, with the page of the California Driver's Handbook behind every rule.
More on licensing, insurance and the law
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