Finding Similarities Between Examinations and Life
Step by Step of 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. These hearings are characterized by the fact that they are heard at the nearest DMV offices close to the scene of 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. The DMV cannot suspend your license on the mere evidence of hearsay. Hearsay evidence can be challenged in any DMV hearing by your chosen attorney although this is not a court of law. 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 judge is an employee of the DMV and not a real judge. 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. Where a blood alcohol test was done , there is need to establish if it was done under all regulations. 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. Longer license suspensions are commonly put on people who loose DMV hearings and had also refused to have chemical testing. It is the duty of the arresting officer to send a sworn copy of the hearings to the DMV offices. 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. Once your suspension is over your license will be returned.