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Pointers of Understanding DMV Hearings Cases that often follow a person arrested for driving under the influence DUI 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. Hearsay evidence can be challenged in any DMV hearing by your chosen attorney although this is not a court of law. The hearsay evidence can be defended by the appearance in these hearings of a key witness like the arresting officer.
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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. apart from introducing evidence against the suspect, this person will also rule against you.
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The suspect will be asked a few questions during the DMV hearings. The first question raised is if the car was being driven by the suspect. The suspect will then be questioned if he/she was legally stopped and arrested by the officer. If a blood alcohol test was done, there is need to establish 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. Some suspects refuse to have the chemical test done on them Refusing these tests has consequences and the suspects will ask if they were explained to him/her during time of arrest. If someone refused a chemical test and then looses in a DMV hearing , then their license suspension might be longer. The arresting officer is required by law to send a sworn copy of the hearings to the DMV. 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.