If you have been pulled over for DUI/DWI, speeding, driving with a revoked or suspended license, an alleged hit-and-run violation or certain other traffic violations, you will have the option to request a DMV hearing which relates to your driver's license and driving privilege. Although they differ somewhat from state to state, generally speaking the process is similar. Remember that the DMV is only a civil administrative body, not a criminal court. If you received a DUI or are being charged with a hit-and-run, you will also probably have a criminal trial. Your DMV hearing and your criminal trial are completely separate and the information introduced at one has no bearing on the other.
An Attorney's Role in a DMV Hearing
Because DMV hearings involve lots of procedural issues, strict deadlines and financial penalties, it is important to get an attorney involved before your DMV hearing. You do not want to accidentally miss a deadline, fail to file a request, or fail to request the hearing and end up waiving your rights. An attorney has the bargaining power to negotiate with the DMV to set a hearing date at a time that is most convenient for you, and is able to waive your appearance at the hearing and attend in your stead. He can bargain for a more favorable outcome and do his best to keep fines and penalties to a minimum. If there is the least possibility of preventing your license from being suspended or revoked, a good criminal attorney is your very best weapon at a DMV hearing.
Time Lmits
After an arrest for a traffic violation, the DMV must be contacted within 10 days, or your driver's license will automatically be suspended. Once the 11th day rolls around, the DMV will refuse to provide a hearing no matter how much you beg, or how good of an excuse you have, and the suspension will automatically take effect in 30 days. If you have not retained an attorney, then it is absolutely critical that you contact the DMV within ten days of your arrest and ask for a hearing.
Hearing Procedure
Your hearing will be conducted by a DMV employee who is also the designated "hearing officer." This person will not have legal training, although he pretty much has the power of judge, prosecutor and jury, and can even rule on his own objections! The hearing is somewhat like a trial, but the defenses are more technical in a DMV hearing. If you can prove either procedural or bureaucratic errors, you may be able to get a "set aside" for your suspension. Public defenders are not available for a DMV hearing because they are not considered "criminal", although your driver's license is at stake, and this is not a minor issue. A great criminal attorney has defended many clients in DMV hearings, and knows how to get you through it successfully.
