Department of Motor Vehicle or DMV hearings are cases that follow after one is arrested for a DUI offense or driving under the Influence. The normal court trials we see are very different from the DMV hearings. 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. 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. Your attorney can for example request that key witnesses such as the arresting officer appear to testify and therefore defend the hearsay evidence.
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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. This person will seek to introduce any evidence against you and will also be the one ruling your case.
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The suspect will be asked a few questions during the DMV hearings. The first question raised is if the car was being driven by the suspect. The suspect will then be questioned if he/she was legally stopped and arrested by the officer. If a blood alcohol test was done, there is need to establish if it was done under the law.
In some cases whereby the blood alcohol level was above limit the suspect needs to acknowledge that they were informed by the arresting officer. chemical tests are sometimes refused by some suspects. 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. The arresting officer is required by law to send a sworn copy of the hearings to the DMV. 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.
A person has the chance to ask for a hearing if their suspension or revocation is upheld during the administrative review period. Once your suspension is over your license will be returned.