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Understanding How DMV Hearings Work. Cases that often follow a person arrested for driving under the influence DUI are known as DMV hearings. These hearings are very different from the normal court trials that we know. One of the characteristic of these hearings is that they are held at DMV offices nearest to where the offense took place. Another things about DMV hearings that is different from the normal court trials is the lack of a live witness testimony. These trials depend much on hearsay as statements made by people not physically present at the hearings are presented. 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. 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 DMV has its own employee who acts as the judge but is not a real judge of the courts of law. This person will seek to introduce any evidence against you and will also be the one ruling your case.
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During the DMV hearings, there are certain questions that the suspect will be asked. 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. Longer license suspensions are commonly put on people who loose DMV hearings and had also refused to have chemical testing. 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. After your suspension period is over, one’s license is usually returned to them.