Essential Information You Need to Be Aware of With Regards to DMV Hearings If you have been charged for a traffic rule violation or driving under the influence of alcohol or any other substance and a cop just told you that your driver’s license is going to be suspended, then there are some ways by which you can’t prevent this from happening. But the first thing that you need to do is to seek guidance from a well-experienced DMV hearing attorney. After the arrest, you must request for a DMV hearing not later than 10 days following such arrest and for this, you will have to work with a good attorney. Questions About DMV Hearings WHAT DIFFERS BETWEEN DMV HEARING AND A CONVICTION IN THE CRIMINAL COURT?
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What’s important to know is that the DMV has the ultimate jurisdiction when it comes to driving privileges. That said, it has the power to make decisions on whether a driver’s license is to be revoked, suspended, or not at all. By saying DMV revocation or suspension, it points to the administrative act of revoking your driving privilege. On the other side of the coin, a suspension of a driver’s license that follows a conviction in court is a mandatory action that comes in addition to imprisonment, other criminal penalties and fines.
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WHAT HAPPEN’S NEXT WHEN YOU’VE BEEN ARRESTED ON DUI GROUNDS When you’ve been arrested due to DUI, what will happen is that the offer who did the arresting will be demanded by the law to immediately forward a copy of the notice of driver’s license revocation or suspension form together with the driver’s license. Together with a sworn report, these will be forwarded to the Department of Motor Vehicles. The DMV will then perform a administrative review. 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 I GET BACK MY DRIVER’S LICENSE? During your arrest or even following your release from prison on DUI, you will likely be provided by the police officer with a notice of suspension of your driver’s license together with a temporary driver’s license that you can use. There is chance that your driver’s license will be suspended for 3 years. However, this is only for those who commit third offense. This is when you withhold yourself from going through a chemical test at the time that you are arrested for driving while being drunk. And the end of the suspension, you can get back your driver’s license. But there will usually be a payment for reissuing it. Aside from that, you are likely to be required to pay a file proof of financial responsibility.