A driving license is an essential tool in the modern world. In addition to the freedom of driving your own vehicle, it also opens up numerous employment opportunities.
But with a driving license comes additional responsibilities. Negligent acts and immature decisions could lead to license suspensions.
But a license suspension is not the end of the road. You must fight to get your license reinstated. You and your defense attorney must decide which strategy presents the strongest case for your hearing.
Defensive Strategies for Winning a DMV Hearing
If your license was suspended in the wake of a DUI, you will need to ask for an administrative hearing. You must do this within ten days from the time you were busted; otherwise, you possibly lose your right to a hearing.
There are many defenses that are used during DMV hearings. The sections below discuss the potential strategies used that could improve your chances of reinstatement after a license suspension.
Most probable cause
For the police to pull someone over, they have to have probable cause. If there was no probable cause and you had not violated any of the traffic laws before the stop, you might be able to establish that.
Equipment failure
Any blood alcohol content testing equipment requires regular calibration. As the results of these tests are so crucial in criminal prosecutions and DMV administrative hearings, this is critical. The results could become invalid if the device is not maintained or if the required calibrations are not carried out.
You weren’t operating a vehicle
You must have been driving to be convicted of DUI. Sleeping or sitting in your car drunk, however, does not violate the law. You need to produce witnesses or evidence to prove that the police officer was not able to see you operate your car. Otherwise, a license suspension can be revoked.
Inaccurate BAC reading
In a DUI administrative hearing, the most damaging evidence is often the results of the blood or breath test. You may win your administrative hearing if you or your attorney can show that the registered blood alcohol content was incorrect. A BAC reading may be higher than it actually is for a variety of reasons, including drugs and medical disorders.
Inadequate checkpoint protocol
Knowing checkpoint rules may prove to be useful if your DUI conviction was the result of a checkpoint screening. In these cases, a number of specific steps must be followed.
For example, DUI checkpoints must randomly screen drivers and provide them with advance notice of the checkpoint. Police supervisors must also be on-site at the checkpoint. If any of these components is absent at the checkpoint, it might not be possible for the administrative officer to enforce the suspension of the license.
Incomplete or inaccurate police report
Officers can be lax and hurry through police reports because such aspects of their work tend to be tedious and boring. Any required information not filled in or false data being added can mean a license suspension was invalid or improperly carried out. Some common mistakes, like failure to add initials in some parts of the report and failure to mention probable cause, can give you a chance to get your license reinstated.
Wrapping Up
DMV hearings are administrative proceedings focused on determining whether your driving privileges should be suspended or reinstated, often following offenses like DUIs or exceeding point limits on your license.
Unlike court trials, they focus on evidence and compliance with regulations. The assistance of the right legal professional will be instrumental in not just dealing with the complications involved but also executing the right strategy to get your license suspension revoked.
