DMV Hearing Attorney in Long Island
Protect Your License from Automatic Suspension
Have you been arrested for your first DUI offense? If you have been arrested for
DUI in New York, then it is vital that you request a DMV (Department of Motor
Vehicles) hearing as soon as possible. They only give you a few days from
the day that you are arrested to set up your hearing. Unfortunately, there
are penalties for those who fail to request a hearing before the deadline.
If you are unable to request your DMV hearing, then the DMV will automatically
suspend your driver's license. In order to protect your license, your
first step should be hiring an experienced DUI lawyer who can fight to
beat your charges. Contact a Long Island DUI attorney from Prime &
O'Brien, LLP today to help you request and prepare for your DMV hearing.
Consult with a DUI lawyer from Prime & O'Brien, LLP.
Call now for a free case review!
The DMV Hearing Process
On the date of your DMV hearing you will be brought to the Department of
Motor Vehicles where a DMV employee will introduce all the evidence that
they have against you. Your blood or breath test results may be included
among the evidence as well as the police report. Once all the evidence
is revealed, the DMV employees will listen to your personal testimony
and a defense from your attorney before they make their decision.
This type civil proceeding is not held in criminal court, which means that
the standard rules regarding evidence are not the same. With this in mind,
there can be a lot of evidence brought against you from people who are
not physically present in your DMV hearing. This can create a lot of hearsay.
What You Can Expect During Your DMV Hearing
When you go to a DMV hearing, you can expect the DMV officer who is running
the hearing to ask you a series of probing questions. The DMV officer
will be looking to see if you were the person driving at the time of the
arrest. They will also want to know if it was a legal DUI stop, meaning
that the officer had a reason to pull you over.
A police officer must have a legal reason to:
- Stop you
- Detain you
- Arrest you
If you submitted to a
breath test or any other type of chemical test, then the DMV officer will want to
see if the officer conducted the test in a legal fashion.
Lastly, the DMV officer will ask to see if you refused to take the chemical
test, if so, your license could be suspended for a year in light of the
implied consent laws. After you have answered all of the officer's
questions, they will make a ruling as to whether or not to suspend your
license. If they do decide to have your license suspended, then speak
to your DUI attorney about having the decision appealed and they may be
able to request another DMV hearing.
Get Former Prosecutors on Your Side
Here at Prime & O'Brien, LLP we have been serving the Long Island
community since 2006. Our
criminal and DUI lawyers have both served as prosecutors in Nassau County and we
know how the DMV process works. Due to our past prosecution experience,
we know how evidence is presented and refuted and we can help you effectively
fight to protect your license.
We can attend your DMV hearing with you to refute any refusals or alleged
drunk driving allegations. Our firm can also work to investigate and see
if your rights were violated at any point during the DUI stop and arrest.
Contact our firm today to speak with a Long Island DUI attorney about your case today!