How to Win a DMV Hearing in Oregon
The first step towards successfully fighting the suspension of your license is to avoid losing the rights to have a hearing in the first place. Enlisting the help of a DUI lawyer can help you get it right.
You must consider the following if you do not wish to lose your hearing rights:
- The hearing must be requested within 10 days from the date of arrest, if you failed or refused a breath test;
- If you failed a blood test, the hearing can be held within 30 days of the date that you receive the notice from the DMV. But, you still need to request the hearing with 10 days of receiving the notice.
- If you do not request that the hearing be held in person, it will be held over the phone.
The DMV may provide the opportunity for a late hearing if the reason for the rescheduling involves physical incapacity, death of a close family member, an error made by the department, or a subpoenaed officer’s inability to appear due to legitimate duty conflicts (or other various reasons). Additional just cause can be further defined by the administrative rules.
To have a good chance of winning a DMV hearing, you need the help of an experienced attorney who is familiar with DUI’s and administrative procedures. An experienced DUI lawyer will be able to point out flaws in an officer’s case to the Administrative Law Judge by arguing that the officer failed to meet one or more of the requirements during the arrest and/or investigation. At the hearing, you’ll be allowed to present evidence on your behalf, including witnesses. Having an experienced attorney will help you organize the best defense possible, given the circumstances. The majority of cases where a person wins their Implied Consent hearing involve the technical details of the case. Without an attorney experienced and familiar with DUI laws, most people will miss any opportunity they had.
Disclaimer: Nothing on this site should be taken as legal advice. For advice on a legal matter, contact an attorney. Contact Jared Justice at 503-722-3981 or firstname.lastname@example.org.
Jared Justice is available to practice anywhere in the state of Oregon. He focuses on practicing in the following State Courts: Clackamas, Multnomah, Yamhill, Marion, and Washington Counties. He also practices in the following Municipal Courts: Lake Oswego, West Linn, Newberg, Canby, McMinnville, Troutdale, Oregon City, Beaverton, Milwaukie, Gladstone, and just about every other court in the Portland area.