Cases that often follow a person arrested for driving under the influence DUI are known as DMV hearings. There is a big difference from these hearings and the court cases we see every day. one thing to note about these types of hearings is that they are held at a DMV office that is close to the scene of the offense.
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.
You are allowed to have an attorney at DMV Hearings to challenge any hearsay evidence. A key witness such as the arresting officer can be requested by the attorney to appear and testify thus justifying the hearsay evidence.
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For DMV hearings, the person prosecuting and also making judgment 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. The role of the prosecutor is to introduce evidence against you and also judge if you are guilty or not.
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During the DMV hearings, there are certain questions that the suspect will be asked. The first question raised is if the car was being driven by the suspect. 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.
Where the blood alcohol levels were high, the suspect needs to confirm that they were informed when being arrested. Some suspects refuse to have the chemical test done on them 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. It is the duty of the arresting officer to send a sworn copy of the hearings to the DMV offices. Other items also sent along to the DMV are notices of suspension and any revoked licenses. The DMV now has the task to review the evidence and approve or reject the suspensions and revocations . The evidence is then presented to the officers at DMV who should review it and either accept the suspension or revocation or reject it.
During the administrative review process, a person whose revocation or suspension has been upheld can request a hearing to contest the decision. Once your suspension is over your license will be returned.