Lessons Learned from Years with Help

Understanding How DMV Hearings Work. Cases that often follow a person arrested for driving under the influence DUI are known as DMV hearings. There is a big difference from these hearings and the court cases we see every day. One of the characteristic of these hearings is that they are held at DMV offices nearest to where the offense took place. 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. However the DMV needs more evidence than just hearsay to suspend your license. You are allowed to have an attorney at DMV Hearings to challenge any hearsay evidence. The hearsay evidence can be defended by the appearance in these hearings of a key witness like the arresting officer.
Smart Ideas: Hearings Revisited
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. The role of the prosecutor is to introduce evidence against you and also judge if you are guilty or not.
Smart Ideas: Hearings Revisited
During the DMV hearings, there are certain questions that the suspect will be asked. The first question raised is if the car was being driven by the suspect. It will then be established if the suspect was legally stopped and arrested by an officer. Where a blood alcohol test was done , there is need to establish if it was done under all regulations. The arresting officer need to have informed the suspect that their blood alcohol levels were high hence the reason for their arrest. chemical tests are sometimes refused by some suspects. During the trial the suspect will be asked if the consequences of refusing a chemical test were explained to him at time of arrest. If someone refused a chemical test and then looses in a DMV hearing , then their license suspension might be longer. 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. A person has the chance to ask for a hearing if their suspension or revocation is upheld during the administrative review period. Your license is usually returned once the suspension period is over.