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DMV Hearings: What You Must Know If you have recently violated a traffic rule or have been to have been driving under the influence of alcohol or a prohibited substance, then your driver’s license runs the risk of being suspended and against which are a lot of ways you can pursue. But the first thing that you need to do is to seek guidance from a well-experienced DMV hearing attorney. 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. Questions About DMV Hearings HOW IS CONVICTION IN CRIMINAL COURT AND DMV HEARING DIFFERENT?
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What’s important to know is that the DMV has the ultimate jurisdiction when it comes to driving privileges. So driver’s license revocations and suspensions are subjects on which it has an ultimate say. By saying DMV revocation or suspension, it points to the administrative act of revoking your driving privilege. On the other hand, a revocation of a driver’s license that follows after a conviction in court is a decision that comes along others like imprisonment, payment of fines, and criminal penalties.
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WHAT COMES NEXT WHEN YOU’VE BEEN ARRESTED FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL? 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 administrative review will work on the test results, the order for revocation or suspension and the examination of the arresting officer’s report. AFTER THE COP CONFISCATED YOUR DRIVER’S LICENSE, HOW DO YOU GET IT BACK? During your arrest or even following your release from prison on DUI, you will likely be provided by the police officer with a notice of suspension of your driver’s license together with a temporary driver’s license that you can use. It is common for driver’s license to be suspension for 3 years, which is the longest. But this is only for the third offense violators. This is usually the case when you withdraw from being chemically tested during the point of your arrest. You may be able to get your driver’s license back at the end of its suspension period. But there will usually be a payment for reissuing it. In addition to that, you will be demanded to pay for a file proof of financial responsibility.