Many people think that the Department of Department of Motor Vehicles (DMV) is connected to the court system in some way. They actually have a remote connection, but for the most part, they are two independent organizations.
If you have any problems regarding your driver’s license, you must deal with the DMV directly. You definitely want to have an attorney present with you at any DMV hearing.
If you receive a DUI citation, you are entitled to have a DMV hearing within 10 days. You MUST request this hearing within 10 days. If you do not request the hearing in the 10 day period, you forfeit your right to have a hearing. At this hearing, the Department of Motor Vehicles deals with only 3 issues; they are:
- Were you the driver of the motor vehicle?
- Did the police officer have probable cause to stop and arrest you?
- Was your blood alcohol at the time you were driving .08 or more?
A DMV hearing is similar to a mini trial. The DMV can use hearsay evidence in the form of police reports to prove their case. You are allowed through your attorney to put on witnesses and present evidence and make arguments. For years The Law Offices of Stull & Stull has successfully defended clients in assisting them get their driver’s licenses back.
If your license happens to be suspended because of too many points on your driving record, the DMV will also ask if you want a hearing to determine whether you are “negligent operator”. A negligent operator is one who has had 4 or more points on their driving record within a 12 month period.
Your chances of a positive outcome at a DMV hearing will depend on the reason for your ticket(s) and what you have done personally to ensure you will not get more tickets, (for example: If you receive traffic tickets for speeding on your way to work – and have received 4 or more tickets, as a result you have decided to change your ways by leaving 15 minutes earlier than you normally would – that would be a positive factor in determining issuance of a probationary license).
The DMV can also suspend someone’s license if they feel the person is too old and cannot operate a vehicle safely. This happens to a lot of senior citizens. We have helped many elderly people get their driving privileges reinstated. The first step is the written test, which sometimes can be tricky, and the second step is an actual driving test. We recommend the elderly person take driving lessons before taking their actual test.
Finally, the Department of Motor Vehicles can suspend someone’s license for a medical condition. Many people lose their license because of sort of documented medical condition from a doctor. We are very experienced in dealing with these types of issues and have represented many people that have medical conditions in getting their licenses back.
DMV hearings are very complicated matters. The Law Offices of Stull & Stull handles these matters regularly, and are very familiar with the Department of Motor Vehicles policies and procedures. Please contact us if you have a problem in this area. We will be happy to educate you on the law and assist you getting back your license. Remember the consultation is free.