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Pointers of Understanding DMV Hearings Cases that often follow a person arrested for driving under the influence DUI are known as DMV hearings. The normal court trials we see are very different from the DMV hearings. These hearings are characterized by the fact that they are heard at the nearest DMV offices close to the scene of offense. Another things about DMV hearings that is different from the normal court trials is the lack of a live witness testimony. 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. However the DMV needs more evidence than just hearsay to suspend your license. Hearsay evidence can be challenged in any DMV hearing by your chosen attorney although this is not a court of law. A key witness such as the arresting officer can be requested by the attorney to appear and testify thus justifying 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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During the DMV hearings, there are certain questions that the suspect will be asked. The first question raised is if the car was being driven by the suspect. The suspect will then be questioned if he/she was legally stopped and arrested by the officer. The suspect needs to clarify if he She was subjected to a blood alcohol test and if it was done under the law. Where the blood alcohol levels were high, the suspect needs to confirm that they were informed when being arrested. Some suspects refuse to have the chemical test done on them 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. The arresting officer is required by law to send a sworn copy of the hearings 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. 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.