Hearings Tips for The Average Joe

What You Should Know About Your DMV Hearing

It is a DMV hearing that you should request for you to prevent the revocation of your driver’s license. If you have experienced having a breath test or the officer has alleged you of refusing to have one, then it is a must that you will be requesting for a hearing within seven days. If there is a blood sample that has been taken then it is here that you will be able to keep your license. There will be a pending revocation and the Department of Revenue will inform you of that the moment that the blood results will come out. It is within days that you should request a hearing after the blood sample has come out and after you have received the letter from the Department of Revenue.

You have to know that there are few things that are considered during a DMV hearing. There should be probable cause from the officer showing that you are under the influence of alcohol. It can also be determined the moment that you will refuse a breath analyzer tests. There should be more than .08 of the result when you have taken the BAC. If you are under the age of 21 years old, then the result should be more than .02. When you will also refuse the test, then the determination can also be possible. You also have to know that the hearing officer will not take not account any good character evidence that you have or any reason why you should keep your driver’s license. It is the hearing officer that will only take into consideration the reasons why you have been arrested and no other factors for that matter.

When you are talking about e DMV hearing, and there are differences when it comes to any other court cases. It is in a DMV hearing that there is no need for a multitude of evidence. In a DMV hearing also that you will not be given a chance to prove that you are guilty beyond reasonable doubt. To identify if you are guilty or not, the hearing officer will have a much lower standard. It is a small amount of evidence that they will need to prove that you are guilty of the charge. Therw will be a much more complex form of evidence in a court case to prove your guilt.
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It is in a DMV hearing that not all licenses will be revoked. The revocation of driver’s license though has happened to the majority of drivers that has been under a DMV hearing. If the DMV defense that you have will be able to show a good legal or factual issue, then there is a chance that you will win the case. There are also times that the arresting police officer will not be able to show up on the hearing making you win the case.
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Nevertheless, it is always better that you will be represented by a DMV defense lawyer during these hearings. It is them that will make sure that all the laws, as well as the rules and regulation, will be determined.