How To Get Ready For A DMV Hearing
The moment that you would want to prevent any revocation of your driver’s license, then it is a must that you will be able to request a DMV hearing. If you have experienced having a breath test or the officer has alleged you of refusing to have one, then it is a must that you will be requesting for a hearing within seven days. It is when you have taken a blood sample that you will have the chance to keep you license. But the moment that the result is out, the Department of Revenue will be sending you a letter informing you of the pending revocation. It is when the result if the blood sample has come out and you have received the letter that you should see to it that you will request a hearing within 10 days.
You have to see to it that you will be considering come factors when it comes to the DMV hearing. It is the arresting officer that will have to show a probable cause that you are impaired by alcohol. It can also be determined the moment that you will refuse a breath analyzer tests. If you have taken a BA test, then the results should be more than .08. If you are under the age of 21 years old, then the result should be more than .02. When you will also refuse the test, then the determination can also be possible. It is also during the hearing the hearing officer will not consider any evidence of good character as well as other reasons why you should keep your licenses. It is the above reasons that they will be looking into.
You have to know that a DMV hearing is different from any other court cases. In a court hearing, you will be needing a multitude if evidence which a DMV hearing does nit. In a DMV hearing also that you will not be given a chance to prove that you are guilty beyond reasonable doubt. To identify if you are guilty or not, the hearing officer will have a much lower standard. It is a small amount of evidence that they will need to prove that you are guilty of the charge. A court case, on the other hand, requires a much complex for of evidence.
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You also have to know that not everyone will have their license revoked in a court hearing. It is a fact though that most of the drivers that have been into this kind of hearing has their licensed revoked. It is you that will win the case the moment that your DMV defense will be able to show good legal or factual issues. The moment that the arresting officer will not be able to show up at the hearing, then you will also win the case.
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A DMV defense lawyer by your side will be able to help you with regards to these hearings. They are the ones that know the laws as well as the rules and regulation.