Mr. Davidson speaks about the MVD hearing which will determine what will happen to your driving privileges.
Often times when a person is arrested for DUI their driver’s license will be suspended at the same time. The person does have a right if it is requested within the allotted period of time to request a hearing on the driver’s license suspension at the motor vehicle division. It is critical that you request that hearing or that you have an attorney request that hearing within the time limits allow because if the hearing is not requested, the suspension will automatically kick in that could last anywhere from ninety days to twelve months. If a hearing is timely requested, then the suspension will be put on hold until the hearing actually takes place. At the hearing the police officer who gave you the suspension will be required to come and testify and although it’s not a criminal proceeding, that police officer will still be subject to cross examination and the state will still have a burden of proof to demonstrate certain things to the administrative law judge presiding over the MVD hearing before your suspension becomes final.
A criminal defense attorney can play an important role at these MVD hearings by making sure that if there is something missing in the evidence that the police intend to use to uphold your suspension, that that’s brought to the attention of the administrative law judge and possibly avoid the suspension all together. An MVD hearing is also a very useful tool in preparing for the defense of the DUI charge itself which is going to be in a different court, because often times at an MVD hearing the police officer who’s testifying is going to be the same police officer who will be testifying at your DUI trial and it gives your attorney an opportunity to ask that officer questions at a very early stage in the proceedings and put them on the record.
Finally, if you do go to an MVD hearing and even if you are unsuccessful and the administrative law judge upholds the suspension, often times the driver is still afforded the possibility to put out the effective date of the suspension and give them the opportunity to get their affairs in order before they have to turn their driver’s license over. If you’ve received notice that your driver’s license is pending suspension due to a DUI or any other type of traffic related offense, you have rights. Please call my office and see what I can do for you.