Pointers of Understanding 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. one thing to note about these types of hearings is that they are held at a DMV office that is close to the scene of the 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. The DMV cannot suspend your license on the mere evidence of hearsay. At these hearings, although they are not a court of law you can have an attorney to challenge hearsay evidence. 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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Another special factor about DMV hearings is that the judge and prosecutor are one and the same. The DMV has its own employee who acts as the judge but is not a real judge of the courts of law. The role of the prosecutor is to introduce evidence against you and also judge if you are guilty or not.
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The suspect will be asked a few questions during the DMV hearings. One of the first questions is if the suspect was the one 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. Where the blood alcohol levels were high, the suspect needs to confirm that they were informed when being arrested. chemical tests are sometimes refused by some suspects. It is important that the consequences of refusing these tests were explained clearly to the suspect during the a rest. A person who loses in a DMV hearing and had refused chemical test might get a longer suspension on their license. 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. It is possible to ask for a hearing to contest a decision especially during the administrative review process. After your suspension period is over, one’s license is usually returned to them.

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