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Step by Step of DMV Hearings Department of Motor Vehicle or DMV hearings are cases that follow after one is arrested for a DUI offense or driving under the Influence. The normal court trials we see are very different from the DMV hearings. 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. Another things about DMV hearings that is different from the normal court trials is the lack of a live witness testimony. 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. Your attorney can for example request that key witnesses such as the arresting officer appear to testify and therefore defend 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 person acting as the judge in these hearings is just a DMV employee but not a real attorney or judge of the courts. The role of the prosecutor is to introduce evidence against you and also judge if you are guilty or not.
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There are some questions that the suspects need to be asked during these DMV hearings. One of the first questions is if the suspect was the one driving the vehicle. The suspect will then be questioned if he/she was legally stopped and arrested by the officer. The suspect needs to clarify if he She was subjected to a blood alcohol test and if it was done under the law. The arresting officer need to have informed the suspect that their blood alcohol levels were high hence the reason for their arrest. There are some suspects who might have refused to undergo a chemical test. Refusing these tests has consequences and the suspects will ask if they were explained to him/her during time of arrest. Longer license suspensions are commonly put on people who loose DMV hearings and had also refused to have chemical testing. The arresting officer is required by law to send a sworn copy of the hearings to the DMV. revoked licenses and notices of suspension are also sent. 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. Once your suspension is over your license will be returned.

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