DMV Hearing Lawyer: Your Privilege to Drive
The Department of Motor Vehicle (DMV) acts completely independent of the Court. The DMV can suspend your privilege to drive even if no criminal charges are brought. The DMV has completely different procedures and burdens of proof. Dealing with the DMV is a separate issue that requires a knowledgeable DMV hearing lawyer.
When the officer makes a DUI arrest, they take your actual license and give you a form called a DMV Suspension Advisement. You only have 10 days to request a hearing or your license will automatically be suspended. This 10 day period is hard and fast so you must act right away. If you request a hearing within 10 days, the automatic suspension will be delayed until the hearing and the decision.
If a DMV hearing is set, you are entitled to an administrative hearing before a hearing officer. You have the right to be present, testify and in some instances cross examine the arresting police officer. If there is an adverse finding, you can appeal, first to the DMV and later to the Superior Court through a “Writ of Mandamus”.
Contact Our DMV Hearing Lawyer
The Chastaine law Office can help you through ALL aspects of dealing with a DUI arrest. Request a free consulation (Contact US page link) and a free copy of our book “How to Survive a DUI: What You NEED to Know” (add link to publications page)