Step by Step of DMV Hearings Cases that often follow a person arrested for driving under the influence DUI are known as DMV hearings. The normal court trials we see are very different from the DMV hearings. 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. However the DMV needs more evidence than just hearsay to suspend your license. Hearsay evidence can be challenged in any DMV hearing by your chosen attorney although this is not a court of law. 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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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. apart from introducing evidence against the suspect, this person will also rule against you.
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There are some questions that the suspects need to be asked during these DMV hearings. The suspect will first be questioned if he/she was driving the vehicle. the issue of whether the suspect was legally stopped and arrested will also be raised. The suspect needs to clarify if he She was subjected to a blood alcohol test and if it was done under the law. In some cases whereby the blood alcohol level was above limit the suspect needs to acknowledge that they were informed by the arresting officer. There are some suspects who might have refused to undergo a chemical test. During the trial the suspect will be asked if the consequences of refusing a chemical test were explained to him at time of arrest. 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. 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. A person has the chance to ask for a hearing if their suspension or revocation is upheld during the administrative review period. Your license is usually returned once the suspension period is over.