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What Things You Must Know About DMV Hearings If you have been accused for committing a violation of the traffic rules or arrested on DUI ground and you’re running the risk of having your driver’s license suspended, then as a driver you need to fight for your right and look for opportunity of saving your license. But the first thing that you need to do is to seek guidance from a well-experienced DMV hearing attorney. In order to that you can really prevent the suspension of your driver’s license, you must request for a DMV hearing 10 days following the arrest, and for this, you will need the help and assistance of a lawyer. Questions About DMV Hearings WHAT DIFFERS BETWEEN DMV HEARING AND A CONVICTION IN THE CRIMINAL COURT?
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When it comes to driving privileges, the DMV has the complete jurisdiction. That said, it has the power to make decisions on whether a driver’s license is to be revoked, suspended, or not at all. By saying DMV revocation or suspension, it points to the administrative act of revoking your driving privilege. On the other side of the coin, a suspension of a driver’s license that follows a conviction in court is a mandatory action that comes in addition to imprisonment, other criminal penalties and fines.
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WHAT HAPPEN’S NEXT WHEN YOU’VE BEEN ARRESTED ON DUI GROUNDS When you’ve been arrested due to DUI, what will happen is that the offer who did the arresting will be demanded by the law to immediately forward a copy of the notice of driver’s license revocation or suspension form together with the driver’s license. Along with a sworn report, all of those documents or papers will be sent to the Department of Motor Vehicles. The DMV, after receiving the documents, will then conduct an administrative review. The review will include an examination of the report of the arresting officer, the revocation or suspension order and the checking of the test results. HOW DO YOU GET BACK YOUR DRIVER’S LICENSE AFTER ITS CONFISCATION? During your arrest or even following your release from prison on DUI, you will likely be provided by the police officer with a notice of suspension of your driver’s license together with a temporary driver’s license that you can use. It is common for driver’s license to be suspension for 3 years, which is the longest. But this is only for the third offense violators. This is usually the case when you withdraw from being chemically tested during the point of your arrest. When the revocation or suspension period ends, it is by then that you can take back your driver’s license. But there will usually be a payment for reissuing it. You will also have to pay for the file proof of financial responsibility.