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DMV Hearings: What You Must Know If you have recently violated a traffic rule or have been to have been driving under the influence of alcohol or a prohibited substance, then your driver’s license runs the risk of being suspended and against which are a lot of ways you can pursue. But first, you need to connect with a lawyer who has great experience in DMV hearings. After the arrest, you must request for a DMV hearing not later than 10 days following such arrest and for this, you will have to work with a good attorney. Most Common Questions About DMV Hearings WHAT DIFFERENTIATES A DMV HEARING AND A CRIMINAL COURT CONVICTION?
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In terms of driving privileges, the DMV has the jurisdiction. This means that it has the power to decide over matters that have something to do with driver’s license revocation or suspension. By saying DMV revocation or suspension, it points to the administrative act of revoking your driving privilege. On the other side of the coin, a suspension of a driver’s license that follows a conviction in court is a mandatory action that comes in addition to imprisonment, other criminal penalties and fines.
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WHAT HAPPEN’S NEXT WHEN YOU’VE BEEN ARRESTED ON DUI GROUNDS When you’ve been arrested due to DUI, what will happen is that the offer who did the arresting will be demanded by the law to immediately forward a copy of the notice of driver’s license revocation or suspension form together with the driver’s license. Along with a sworn report, all of those documents or papers will be sent to the Department of Motor Vehicles. The DMV will then perform a administrative review. The review will include an examination of the report of the arresting officer, the revocation or suspension order and the checking of the test results. AFTER THE COP CONFISCATED YOUR DRIVER’S LICENSE, HOW DO YOU GET IT BACK? During your arrest or even following your release from prison on DUI, you will likely be provided by the police officer with a notice of suspension of your driver’s license together with a temporary driver’s license that you can use. The suspension of your driver’s license can last up to 3 years. But this applicable only those who commit the third offense. This is when you refuse to undergo a chemical test right at the point of your arrest. When the revocation or suspension period ends, it is by then that you can take back your driver’s license. But since it will be reissued, you will have to settle a reissue fee. In addition to that, you will be demanded to pay for a file proof of financial responsibility.