DMV Hearings: What You Must Know
If you have been accused for committing a violation of the traffic rules or arrested on DUI ground and you're running the risk of having your driver's license suspended, then as a driver you need to fight for your right and look for opportunity of saving your license. But what you need to do initially is consult to a lawyer who has much experience in DMV hearings. Ten days after your arrest, a DMV hearing must be requested so as to prevent the suspension of your driver's license.
Questions and Answers on DMV Hearings
HOW IS CONVICTION IN CRIMINAL COURT AND DMV HEARING DIFFERENT?
In terms of driving privileges, the DMV has the jurisdiction. This means that it has the power to decide over matters that have something to do with driver's license revocation or suspension. And when you say DMV suspension or revocation, it merely refers to an administrative action that is taken against your driving privilege. But when the revocation of suspension of the driver's license comes after a court conviction, it means that it just one of the many penalties, fines and court decisions that a driver is entitled to.
WHAT COMES NEXT WHEN YOU'VE BEEN ARRESTED FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL?
If you have been arrested on DUI grounds, what comes next is that the officer who arrested you will be legally required to forward the driver's licenses that has been confiscated together with the form for the notice of driver's license revocation or suspension. Together with a sworn report, these will be forwarded to the Department of Motor Vehicles. An administrative review will then be conducted by the DMV. The review will include an examination of the report of the arresting officer, the revocation or suspension order and the checking of the test results.
HOW DO YOU GET BACK YOUR DRIVER'S LICENSE AFTER ITS CONFISCATION?
Following your arrest or jail release, a police officer may provide you with a notice of suspension together with a temporary driver's license. The suspension of your driver's license can last up to 3 years. But this is only for the third offense violators. This is when you refuse to undergo a chemical test right at the point of your arrest. When the revocation or suspension period ends, it is by then that you can take back your driver's license. However, because it will have to be reissued, you will have to pay for a reissue fee. You will also have to go here pay for the file proof of financial responsibility.
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