I have a hearing coming up with the DMV and I want to be able to fight for my license back. I really need my vehicle to get school and daily activities. What should I do?
I'd recommend you retain a lawyer to help you prepare. If you don't do a good job and win at the hearing, you will stuck with either a costly appeal or will be forced to wait until you can apply again.
If you lose the hearing you can apply for a hardship license
You can get a hardship license.
It is always best to be represented by an knowable DUI Lawyer at any hearing, but specifically the Oregon DMV hearings. These hearings are recorded and any statements could be used against you in the future. With a DUI Lawyer by your side they will know the best ways to cross-examine the arresting officer as well as keeping you from perjuring yourself. This is the best advice to keep you license at an Oregon DMV Hearing.
You can argue the facts of your case and ask for a temporary license.
The best course of action would be to hire an attorney skilled in representing people in DMV hearings. In the alternative you should request a special permit to allow you to school and back home.
The DMV will not suspend your driving privileges if you can show at your DMV hearing (a.k.a. Administrative Per Se hearing) that the arresting officer did not have a probable cause to believe you were driving under the influence, that your arrest was unlawful, or that your BAC (blood alcohol concentration) was lower than 0.08%. To do so, you may subpoena witnesses, cross-examine the witnesses presented by the DMV, review and challenge the DMV evidence, and testify on your behalf if you choose to. However, keep in mind that the ?burden of proof? in a DMV hearing is substantially lower than the ?burden of proof? in a criminal court proceeding. Also, keep in mind that unlike a criminal court proceeding, a DMV hearing officer who has little or no training in the law, acts as a prosecutor and as a ?judge? in the same proceeding and decides the sufficiency and admissibility of the evidence collected and introduced by the DMV against you. Finally, keep in mind that the rules of evidence do not apply in a DMV proceeding and a police report is presumed to be 100% true and accurate. Contact a DUI defense attorney to discuss your case privately and hire one to represent you at your DMV hearing.
It depends greatly on the reasons for your license being suspended. You need to fight or defends the grounds for the suspension. Merely a need for a license to go wo school and/or work will not be sufficient grounds for keeping your driving privileges.
Get an experienced DMV Hearing Attorney who can gather and present your best evidence for reinstatement. The issues that are important are different case-to-case, so you'll need qualified assistance to prep for the Hearing. Get your Attorney ASAP.
In answer to your question ... hire an attorney with the expertise to address all issues you have with the loss of your license. You are at a distinct disadvantage if you present yourself at such a hearing, without legal representation. Also, you failed to indicate the "whys and wherefores" as to how and when your driving privileges were suspended or revoked, and for what duration ... these are important as to the eventual resolution to your concern(s).
You should retain an attorney to handle the hearing and the DWI case. You will never win the hearing, but if you have an attorney and the officer does no show up the judge will restore your license pending the trial. Drinking and driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. It is a serious offense that can have grave consequences. If you are convicted you will have a hard time getting a job for the rest of your life and your insurance will rise dramatically. Your next DWI will be a felony and you will face a jail term. You will have to install an ignition interlock device and pay $500 or more in fines. It would have been much cheaper to take a taxi.
Not knowing the underlying reason for your license problem, it is difficult to advise you about the substantive issue, and as you mention DMV, it sounds like your case is not in Illinois, however, I can suggest you retain an attorney who handles administrative hearings before the DMV on a somewhat regular basis, he would be in a better position to inform you how to proceed at the hearing, and be sure to have him accompany you to said hearing.
Hire a lawyer to represent you at the hearing. If you can't do that, read the laws governing the scope and process of the hearing and study and prepare as best you can.
You should hire an attorney for the hearing. Some attorneys can be hired solely for hearings. They can fight the probable cause for you.
Stop playing and retain an attorney. First of all it is an ALS hearing. Second, you are going to have a problem if you appear by yourself.
I have no idea. You have told me nothing. Why is your license suspended? What is on your driver's record? What kind of driving related convictions do you have? How old are you? These are just a few of the many questions, the answers of which would help better determine. The fact that you need a license to get to school and for daily activities is really an irrelevant argument. You really need to hire an attorney who can help address these issues.
Your best option is to have an attorney appear with you, however if you are going by yourself, there is a very limited set of facts that the hearing officer is going to allow. He will hear about the reason for the officer's contact with you, the reasonable suspicion factors leading him to believe you were impaired due to alcohol or drugs, and whether you refused to complete a test or whether you passed or failed the test.
Try to prove to the hearing officer that there was no probable cause for the stop. That is the only issue at that hearing. If you win, there is no suspension. If you lose, you'll have to seek a restricted license once you have serve the statutory minimum time of actual suspension. If you don't know how represent yourself effectively, then hire an attorney that does.
Only attempt this with an experienced DAAD attorney. Otherwise you are going to be stuck for a whole year until your next chance.
The defenses at the DMV are highly technical. If it is really important to you to keep your license then you should hire a DUI defense lawyer.
Get an attorney. You may have a winning case or options that you will never realize without experience on your side.
What should you do? Get a lawyer. You're going against a DMV hearing officer - they aren't lawyers, aren't judges and certainly aren't on your side. I can almost guarantee you'll lose your hearing if you do it alone. Can an attorney guarantee a win? No, but they can spot any issues and put up a fight for you. At least sit down and talk to a couple of local criminal defense attorneys. Don't fall for promises or guarantees, but follow your gut with an attorney that can answer your questions and explains what the issues are.
Hire an experienced DUI attorney. The hearings can turn on technicalities and the burden is quite high, so it is unwise to represent yourself.
First and foremost, you should subpoena all of the officers that participated in the stop, arrest and/or investigation. If any one of them fails to appear, you win. If all of the officers appear, it is difficult to have success, and you should seek counsel to represent you at the hearing.
Again, consult an attorney directly about your particular circumstances. But regardless, you need to request a hearing within the appropriate time to preserve your rights and options (15 days from date of citation).
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