Not every government will initiate an administrative prosecution at the department of motor vehicle as result of a drunk driving pinch, but if one's state does, one needs be of a mind to fight that action as well, in order to protect your driver's privilege. In nearly every jurisdiction, there is a precise deadline concerning how much time you have to seek a DMV hearing or face the certain suspension of your driving permission. In a lot of jurisdictions, you may get as few as 10 calendardays to call for a hearing, so speedy activity may be appropriate. Your Drunk driving citation ought to contain facts on the reverse side relating to your Department of Motor Vehicle rules. Unlike Drunk driving court cases, dmv cases mainly do not involve witness testimony. As a substitute, the state will introduce a sequence of reports as evidence, such as one's pinch report as well as one's blood test result. Unlike in court, where one's criminality must be proven above the reasonable doubt, the State Motor Vehicle Department hearing is a civil proceeding, so the state must prove your criminality only by a preponderance of the evidence in order to suspend one's driver's authorization. Another odd attribute of department of motor vehicle hearings in many jurisdictions is that the prosecutor as well as judge are the same person, signifying that the DMV hearing officer who presents evidence against one is the same individual that should determine your guilt. The department of motor vehicle is concerned with the "per se" part of your drunk driving case, meaning whether your BAC had been .08 percent or better. Therefore, to well win your dmv case, one should thoughtfully attack the results of one's chemical test , just as you will in your impaired driving court case. This means examining the soundness and precision or correctness of your blood, breath, or urine test and poring over the police report to find inconsistencies that should aid in your defense.
After hearing the information and analyzing your arguments, the Department of Motor Vehicle hearing deputy typically will take the prosecution under advisement and you will receive a signed notice of his or her opinion at a later date.
Don't give up, it is entirely feasible to win one's department of motor vehicle prosecution if you prepare your arguments and facts well. The key is to take the event seriously, and to be wonderfully prepared.
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For expanded information dealing with challenging an dmv driver's privilege suspension at the D.M.V. and your other rights and obligations if one have been ticketed for a DUI, go to DUI Questions and Answers .
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