Process of Requesting a Motor Vehicle Hearing

Motor Vehicle Division Hearing Process

If you have been charged with a DUI offense you have fifteen days from the date the Admin Per Se affidavit was served to request an MVD hearing; otherwise, your driver’s license will be automatically suspended.

What is the process to request an MVD hearing?

First, you will need to locate the date the Admin Per Se was served.

1. At the bottom of the Admin Per Se document there is a section titled Order of Suspension. This includes a box titled “Date Served”. The citing officer will write the date this document was served.
2. Request an MVD hearing with the Executive Hearing Office (EHO) in writing or by U.S. snail mail. On this request you will need to include your name, driver’s license number, address, date of birth, and date of violation.
3. Confirm the Executive Hearing Office (EHO) received your MVD hearing request.
4. Receive correspondence from MVD. You can receive one of two letters, an MVD hearing notice which will have the details of the MVD hearing. The second notice you can receive is a letter stating that MVD has not received an Admin Per Se affidavit. In this case you will resubmit an MVD hearing request and continue to do so until you receive a hearing notice.
5. Attend the MVD hearing at the Executive Hearing Office (EHO). The people attending the MVD hearing includes, the State attorney, the citing officer and the Defendant or Defendant’s attorney.

What happens at an MVD Hearing?

These hearings are in front of a Judge who will decide if your driver’s license suspension is upheld. The Judge hears the State argument, which includes the testimony of the citing officer, and the Defendant’s argument, which can include your testimony. Additionally, at this hearing your attorney can present evidence obtained to contradict the testimony of the officer and/or the State’s argument. Evidence can include on-body camera recordings, audio recordings, police reports and officer’s narratives.

Will I have to be present for the MVD hearing?

This depends on what is most beneficial to your case. You testifying at this hearing is decided between you and your attorney. A telephonic meeting between the client and the representing attorney will be scheduled prior to the MVD hearing. At this meeting our client and the attorney will discuss the MVD proceeding and decide if our client needs to attend the hearing and testify.

What happens if I do not request an MVD hearing?

If the fifteen-day deadline expires and you did not request the MVD hearing your driver’s license will be automatically suspended. You will receive a letter from MVD informing you of the date the suspension will commence.

What are the benefits of retaining an attorney to represent me at an MVD hearing?

At R&R Law Group we have experienced DUI attorneys who can analyze and explain these proceedings in detail. One of the main benefits in retaining an attorney is the fact that an attorney can win an MVD hearing and gather information relevant to a criminal case.