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Pointers of Understanding DMV Hearings There are certain cases that follow a person arrested for driving under the influence and they 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. Statement’s that were made by people who are not physically present at the hearings are presented as hearsay evidence in these hearings. The DMV cannot suspend your license on the mere evidence of hearsay. You are allowed to have an attorney at DMV Hearings to challenge any hearsay evidence. Your attorney can for example request that key witnesses such as the arresting officer appear to testify and therefore defend the hearsay evidence.
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The DMV hearings are also unique in that the prosecutor and the judge are one. 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. 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. A person who loses in a DMV hearing and had refused chemical test might get a longer suspension on their license. Once the hearing is done and your license suspended, the arresting officer sends a sworn copy to the DMV. A notice of suspension is also sent and also any revoked drivers licenses are taken in to possession. It is now the duty of the officers at DMV to look at the evidence provided and either uphold or reject the rulings. During the administrative review process, a person whose revocation or suspension has been upheld can request a hearing to contest the decision. Your license is usually returned once the suspension period is over.

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