Cases that often follow a person arrested for driving under the influence DUI are known as DMV hearings. These hearings are very different from the normal court trials that we know. These hearings are characterized by the fact that they are heard at the nearest DMV offices close to the scene of offense.
Something else different about court trials and DMV hearings is that there are no live witnesses. Statement’s that were made by people who are not physically present at the hearings are presented as hearsay evidence in these hearings. The DMV cannot suspend your license on the mere evidence of hearsay.
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.
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For DMV hearings, the person prosecuting and also making judgment are one and the same. The judge is an employee of the DMV and not a real judge. apart from introducing evidence against the suspect, this person will also rule against you.
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The suspect will be asked a few questions during the DMV hearings. One of the first questions is if the suspect was the one driving the vehicle. the issue of whether the suspect was legally stopped and arrested will also be raised. 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. Some suspects refuse to have the chemical test done on them It is important that the consequences of refusing these tests were explained clearly to the suspect during the a rest.
If someone refused a chemical test and then looses in a DMV hearing , then their license suspension might be longer. It is the duty of the arresting officer to send a sworn copy of the hearings to the DMV offices. A notice of suspension is also sent and also any revoked drivers licenses are taken in to possession. It is now the duty of the officers at DMV to look at the evidence provided and either uphold or reject the rulings.
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.