What You Should Know About Your DMV Hearing The moment that you would want to prevent any revocation of your driver’s license, then it is a must that you will be able to request a DMV hearing. It is within seven days after the arrest or once the officer has alleged you of refusing any breath test or you have taken one. It is when you have taken a blood sample that you will have the chance to keep you license. But the moment that the result is out, the Department of Revenue will be sending you a letter informing you of the pending revocation. When this happens, then it is a must that you will be able to request a hearing within 10 days after the letter has been sent. You have to know that there are few things that are considered during a DMV hearing. It is the arresting officer that will have to show a probable cause that you are impaired by alcohol. It is also a probability that there will be a determination the moment that you will refuse a breath analyzer test. There should be more than .08 of the result when you have taken the BAC. It should have a result fi more than .02 if you are under age 21. When you will also refuse the test, then the determination can also be possible. You also have to know that the hearing officer will not take not account any good character evidence that you have or any reason why you should keep your driver’s license. It is the above reasons that they will be looking into. You have to know that a DMV hearing is different from any other court cases. In a court hearing, you will be needing a multitude if evidence which a DMV hearing does nit. The moment that you are ion a DMV hearing, then you will not be given a chance to prove that you are guilty beyond reasonable doubt. To identify if you are guilty or not, the hearing officer will have a much lower standard. It is a small amount of evidence that they will need to prove that you are guilty of the charge. A court case, on the other hand, requires a much complex for of evidence.
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You also have to know that not everyone will have their license revoked in a court hearing. But the majority of the drivers that has been in this hearing really have their licensed revoked. It is you that will win the case the moment that your DMV defense will be able to show good legal or factual issues. You can also win the case the moment that the arresting police officer will not be able to show up in the hearing.
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Nevertheless, it is always better that you will be represented by a DMV defense lawyer during these hearings. They are the ones that know the laws as well as the rules and regulation.
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