How to Improve your Chances of Winning a DMV Hearing
The first step toward 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 Jared Justice, West Linn Criminal Defense Attorney, can help you get it right.
You must consider the following if you do not wish to lose your hearing rights:
- If you request a hearing after 10 days have passed since the date of the arrest, it will be forfeited.
- 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, per your request.
- 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 various other reasons). Additional just cause can be further defined by an administrative rule.
To have a good chance of winning a DMV hearing, you need the help of an experienced attorney who is familiar with Clackamas County crimes involving DUII’s. An experienced West Linn criminal defense attorney 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 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 Clackamas country crimes regarding DUII’s, most people will miss any opportunity they had.