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What Things You Must Know About DMV Hearings If you have been charged for a traffic rule violation or driving under the influence of alcohol or any other substance and a cop just told you that your driver’s license is going to be suspended, then there are some ways by which you can’t prevent this from happening. But what you need to do initially is consult to a lawyer who has much experience in DMV hearings. After the arrest, you must request for a DMV hearing not later than 10 days following such arrest and for this, you will have to work with a good attorney. Most Common Questions About DMV Hearings HOW IS CONVICTION IN CRIMINAL COURT AND DMV HEARING DIFFERENT?
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In terms of driving privileges, the DMV has the jurisdiction. This means that it has the power to decide over matters that have something to do with driver’s license revocation or suspension. A DMV suspension is considered to be an administrative action that is taken against the driver’s driving privileges. On the other side of the coin, a suspension of a driver’s license that follows a conviction in court is a mandatory action that comes in addition to imprisonment, other criminal penalties and fines.
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WHAT HAPPEN’S NEXT WHEN YOU’VE BEEN ARRESTED ON DUI GROUNDS When a cop arrested for DUI, what he will do is submit right away a copy of the completed form on the notice of driver’s license suspension or revocation together with the actual driver’s license taken into possession. These will be sent to the Department of Motor Vehicles together with a sworn report. The DMV, after receiving the documents, will then conduct an administrative review. The review will include an examination of the report of the arresting officer, the revocation or suspension order and the checking of the test results. HOW DO I GET BACK MY DRIVER’S LICENSE? After your arrest by the police or after your DUI imprisonment, you will usually be given with a notice of suspension of your driver’s license and a temporary driver’s license. There is chance that your driver’s license will be suspended for 3 years. However, this is only for those who commit third offense. This is when you refuse to undergo a chemical test right at the point of your arrest. You may be able to get your driver’s license back at the end of its suspension period. But since it will be reissued, you will have to settle a reissue fee. You will also have to pay for the file proof of financial responsibility.