What happens to my license after a DUI?
How do I request an MVD hearing?
The Executive Hearing Office will accept hearing request online, via fax, or mail. A hearing request must state your name, date of birth, drivers license number, and state that you are requesting a hearing regarding your license suspension.
The officer took my license, how do I drive without a license while I wait for my hearing?
The Admin Per Se document that the officer provided you will act as your license during the time you are waiting for your MVD hearing. A copy should be kept with you at all time. Likewise, once the hearing request is received and processed MVD will send a letter stating that your license suspension was “stayed” and giving you a hearing date. It is a good idea to keep a copy of that letter in your glovebox with the Admin Per Se document. If you are stopped by a police officer while the hearing is pending you can show both documents to the officer and prove that your license is not suspended.
I have a hearing date, but what is the hearing about?
Who determines what happens at the hearing?
If there are no attorneys, or just my attorney who asks the questions for testimony?
Is it fair for the ALJ to rehabilitate the officer?
No, it is not fair. The ALJ’s purpose in this hearing is to act a neutral fact finder. However, the Executive Hearing Office’s definition of neutral is vastly different from ours. When the ALJ begins to try and rehabilitate an officer’s testimony they have moved from a neutral fact finder into an advocate. More importantly, because they are the hearing officer who determines the outcome of the hearing, when they begin to act as an advocate they have a conflict of interest. This behavior and attitude is one of the reasons why it is difficult to win MVD hearings.
What is the burden of proof in an MVD hearing?
An MVD hearing is a civil hearing. The ALJ only has to find that officer has proven the case by a preponderance of the evidence (51%), this is the same burden of proof in civil lawsuits and civil traffic hearings. Similarly, because an MVD Hearing is a civil hearing the rules of evidence that apply to criminal proceeding do not apply at the MVD hearing. An officer may testify to hearsay. The officer that appears at the hearing does not necessarily have to be the officer that conducted every part of the investigation.
What do I do when if my license gets suspended?
Is there any way I can avoid serving a full 12-month suspension?
Yes! After serving 90 days of the 12-month suspension and after completing a drug or alcohol screening, a person may apply for a special ignition interlock restricted rivers license. For the remaining 12 months the person can only drive a vehicle with an ignition interlock installed. The person is responsible to pay for all the maintenance and upkeep of the device while serving this restriction.