How I Achieved Maximum Success with Hearings

Understanding How DMV Hearings Work. There are certain cases that follow a person arrested for driving under the influence and they are known as DMV hearings. The normal court trials we see are very different from the DMV hearings. These hearings are characterized by the fact that they are heard at the nearest DMV offices close to the scene of offense. Another things about DMV hearings that is different from the normal court trials is the lack of a live witness testimony. Much of the evidence that is presented at these hearings is hearsay that is statements that were made by people who are not present during the hearing. Hearsay evidence alone is not enough for the DMV to suspend ones license. Hearsay evidence can be challenged in any DMV hearing by your chosen attorney although this is not a court of law. A key witness such as the arresting officer can be requested by the attorney to appear and testify thus justifying the hearsay evidence.
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The DMV hearings are also unique in that the prosecutor and the judge are one. The person acting as the judge in these hearings is just a DMV employee but not a real attorney or judge of the courts. apart from introducing evidence against the suspect, this person will also rule against you.
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During the DMV hearings, there are certain questions that the suspect will be asked. The suspect will first be questioned if he/she was driving the vehicle. It will then be established if the suspect was legally stopped and arrested by an officer. The suspect needs to clarify if he She was subjected to a blood alcohol test and if it was done under the law. Where the blood alcohol levels were high, the suspect needs to confirm that they were informed when being arrested. chemical tests are sometimes refused by some suspects. It is important that the consequences of refusing these tests were explained clearly to the suspect during the a rest. Longer license suspensions are commonly put on people who loose DMV hearings and had also refused to have chemical testing. Once the hearing is done and your license suspended, the arresting officer sends a sworn copy to the DMV. revoked licenses and notices of suspension are also sent. The DMV now has the task to review the evidence and approve or reject the suspensions and revocations . The evidence is then presented to the officers at DMV who should review it and either accept the suspension or revocation or reject it. During the administrative review process, a person whose revocation or suspension has been upheld can request a hearing to contest the decision. After your suspension period is over, one’s license is usually returned to them.