Why Examinations Aren’t As Bad As You Think
There are certain cases that follow a person arrested for driving under the influence and they are known as DMV hearings. These hearings are very different from the normal court trials that we know. These hearings are characterized by the fact that they are heard at the nearest DMV offices close to the scene of offense.
Something else different about court trials and DMV hearings is that there are no live witnesses. These trials depend much on hearsay as statements made by people not physically present at the hearings are presented. However the DMV needs more evidence than just hearsay to suspend your license.
You are allowed to have an attorney at DMV Hearings to challenge any hearsay evidence. The hearsay evidence can be defended by the appearance in these hearings of a key witness like the arresting officer.
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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. It is important that the consequences of refusing these tests were explained clearly to the suspect during the a rest.
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. revoked licenses and notices of suspension are also sent. The DMV now has the task to review the evidence and approve or reject the suspensions and revocations . The evidence is then presented to the officers at DMV who should review it and either accept the suspension or revocation or reject it.
It is possible to ask for a hearing to contest a decision especially during the administrative review process. Your license is usually returned once the suspension period is over.