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How To Get Ready For A DMV Hearing
The moment that you would want to prevent any revocation of your driver’s license, then it is a must that you will be able to request a DMV hearing. It is a must that you will request a hearing within seven days the moment that you have taken a breath test or the officer has alleged you of refusing to have one. It is when you have taken a blood sample that you will have the chance to keep you license. By the time that the blood results will come out, then it is the job of the Department of Revenue to inform you of the upcoming revocation action. When this happens, then it is a must that you will be able to request a hearing within 10 days after the letter has been sent.
You have to know that there are few things that are considered during a DMV hearing. There should be probable cause from the officer showing that you are under the influence of alcohol. It is also a probability that there will be a determination the moment that you will refuse a breath analyzer test. It is when you have taken the BAC that the results should be more than .08. If you are under the age of 21 years old, then the result should be more than .02. There will also be determination that you under the influence the moment that you will refuse the tests. You also have to know that the hearing officer will not take not account any good character evidence that you have or any reason why you should keep your driver’s license. It is the above reasons that they will be looking into.
You have to know that a DMV hearing is different from any other court cases. You will not be needing a multitude of evidence in a DMV hearing. In a DMV hearing also that you will not be given a chance to prove that you are guilty beyond reasonable doubt. This means that the hearing officer will find a lower standards to identify if you are guilty or not. It is a small amount of evidence that they will need to prove that you are guilty of the charge. It is in a court cases though that you will be needing a much more complex form of evidence.
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It is in a DMV hearing that not all licenses will be revoked. It is a fact though that most of the drivers that have been into this kind of hearing has their licensed revoked. It is you that will win the case the moment that your DMV defense will be able to show good legal or factual issues. You can also win the case the moment that the arresting police officer will not be able to show up in the hearing.
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Nevertheless, it is always better that you will be represented by a DMV defense lawyer during these hearings. It is them that will make sure that all the laws, as well as the rules and regulation, will be determined.