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Step by Step of DMV Hearings There are certain cases that follow a person arrested for driving under the influence and they 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. Something else different about court trials and DMV hearings is that there are no live witnesses. These trials depend much on hearsay as statements made by people not physically present at the hearings are presented. 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. Your attorney can for example request that key witnesses such as the arresting officer appear to testify and therefore defend the hearsay evidence.
4 Lessons Learned: Examinations
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. 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. Some suspects refuse to have the chemical test done on them Refusing these tests has consequences and the suspects will ask if they were explained to him/her during 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. Other items also sent along to the DMV are notices of suspension and any revoked licenses. 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. After your suspension period is over, one’s license is usually returned to them.