Eugene A. Ahtirski DUI/DWI Law Blog on Lawyers.com

How Important is the DMV Hearing? Why You Need Counsel Immediately for a DUI Arrest

Tuesday, January 10, 2012 by Eugene A. Ahtirski

If you get a DUI the time to contact an attorney is
immediately. Why? Because the District Attorney, or the Prosecution
is beginning their case against you immediately, with or with out your defense.
And the DMV officer is waiting to suspend your license for a substantial
amount of time.

It is not a level playing field. The prosecution
begins attacking you at the arraignment when you hear the charges against you
and state your plea. You have no idea how to play ball with a District
Attorney. You are not supposed to. You are not a lawyer. You
do other things really well, but not fight for your freedom in a Court of Law.
It would be like trying to play in the Super Bowl with no training and no
concept of how the game is played.

Did you know your lawyer has the right to look at all the
evidence the prosecution has before the arraignment? Do you realize what
kind of advantage you could have if you allowed an attorney to look at the
strategy of the DA before you go up against the DA and the judge?

At the DMV hearing, your lawyer would be present with you.
This hearing takes place in a closed room at one of the local DMV Drivers
Safety Offices. There will be a DMV hearing officer (yes, a sworn
officer) presiding. Along with your lawyer, any witnesses can be with
you. Typically, your lawyer would provide a written legal motion as to
why a suspension should not be imposed. Your lawyer may even call the
arresting officer to be present or on of their own toxicologist to testify.

By calling the DMV within the 10 days the Courts give you
immediately after your arrest, you automatically get a hold on the suspension
of your license, and if you have contacted a lawyer, you give them time to
begin building your defense.

By having your lawyer present at the DMV hearing, you give
them a chance to call witnesses to be present. By doing this, there will
be a written transcript of everything that was said at the hearing. This
transcript can also be used as part of your defense if your case does go to
trial.

Posted at 17:30 PM

Topic: DUI/DWI