5 Key Takeaways on the Road to Dominating Hearings

Understanding How DMV Hearings Work. Department of Motor Vehicle or DMV hearings are cases that follow after one is arrested for a DUI offense or driving under the Influence. These hearings are very different from the normal court trials that we know. one thing to note about these types of hearings is that they are held at a DMV office that is close to the scene of the offense. Unlike normal court cases where there are live witnesses, in DMV hearings there are no witnesses. Statement’s that were made by people who are not physically present at the hearings are presented as hearsay evidence in these hearings. 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.
A Simple Plan: Help
For DMV hearings, the person prosecuting and also making judgment are one and the same. The DMV has its own employee who acts as the judge but is not a real judge of the courts of law. The role of the prosecutor is to introduce evidence against you and also judge if you are guilty or not.
Smart Ideas: Hearings Revisited
The suspect will be asked a few questions during the DMV hearings. 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. Where a blood alcohol test was done , there is need to establish if it was done under all regulations. 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. Refusing these tests has consequences and the suspects will ask if they were explained to him/her during time of arrest. 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. It is possible to ask for a hearing to contest a decision especially during the administrative review process. Once your suspension is over your license will be returned.