Where To Start with Examinations and More

Step by Step of DMV Hearings Department of Motor Vehicle or DMV hearings are cases that follow after one is arrested for a DUI offense or driving under the Influence. 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. Unlike normal court cases where there are live witnesses, in DMV hearings there are no witnesses. Much of the evidence that is presented at these hearings is hearsay that is statements that were made by people who are not present during the hearing. Hearsay evidence alone is not enough for the DMV to suspend ones license. Hearsay evidence can be challenged in any DMV hearing by your chosen attorney although this is not a court of law. The hearsay evidence can be defended by the appearance in these hearings of a key witness like the arresting officer.
22 Lessons Learned: Examinations
Another special factor about DMV hearings is that the judge and prosecutor are one and the same. The person acting as the judge in these hearings is just a DMV employee but not a real attorney or judge of the courts. This person will seek to introduce any evidence against you and will also be the one ruling your case.
8 Lessons Learned: Examinations
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. If a blood alcohol test was done, there is need to establish if it was done under the law. The arresting officer need to have informed the suspect that their blood alcohol levels were high hence the reason for their arrest. chemical tests are sometimes refused by some suspects. 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. The arresting officer is required by law to send a sworn copy of the hearings to the DMV. revoked licenses and notices of suspension are also sent. It is now the duty of the officers at DMV to look at the evidence provided and either uphold or reject the rulings. It is possible to ask for a hearing to contest a decision especially during the administrative review process. After your suspension period is over, one’s license is usually returned to them.