Looking On The Bright Side of Examinations

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Step by Step of DMV Hearings There are certain cases that follow a person arrested for driving under the influence and they are known as DMV hearings. There is a big difference from these hearings and the court cases we see every day. One of the characteristic of these hearings is that they are held at DMV offices nearest to where the offense took place. Another things about DMV hearings that is different from the normal court trials is the lack of a live witness testimony. These trials depend much on hearsay as statements made by people not physically present at the hearings are presented. Hearsay evidence alone is not enough for the DMV to suspend ones license. Hearsay evidence can be challenged in any DMV hearing by your chosen attorney although this is not a court of law. Your attorney can for example request that key witnesses such as the arresting officer appear to testify and therefore defend the hearsay evidence.
3 Lessons Learned: Examinations
The DMV hearings are also unique in that the prosecutor and the judge are one. The judge is an employee of the DMV and not a real judge. The role of the prosecutor is to introduce evidence against you and also judge if you are guilty or not.
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There are some questions that the suspects need to be asked during these DMV hearings. The suspect will first be questioned if he/she was driving the vehicle. It will then be established if the suspect was legally stopped and arrested by an officer. If a blood alcohol test was done, there is need to establish if it was done under the law. In some cases whereby the blood alcohol level was above limit the suspect needs to acknowledge that they were informed by the arresting officer. Some suspects refuse to have the chemical test done on them During the trial the suspect will be asked if the consequences of refusing a chemical test were explained to him at time of arrest. If someone refused a chemical test and then looses in a DMV hearing , then their license suspension might be longer. It is the duty of the arresting officer to send a sworn copy of the hearings to the DMV offices. revoked licenses and notices of suspension are also sent. The DMV now has the task to review the evidence and approve or reject the suspensions and revocations . The evidence is then presented to the officers at DMV who should review it and either accept the suspension or revocation or reject it. During the administrative review process, a person whose revocation or suspension has been upheld can request a hearing to contest the decision. Once your suspension is over your license will be returned.