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If you have been arrested on suspicion of DUI criminal charge, do not hesitate to contact an experienced Phoenix motor vehicle division hearing attorney. DUI charges often lead to more than just criminal convictions and a notation on your criminal record. They also lead to loss of your driver’s license which occurs as a result of a Motor Vehicle Division Hearing.
You don’t have to go in front of a DMV Hearing Officer alone. You can feel more comfortable and confident with an experienced attorney by your side. A Phoenix criminal defense lawyer can strengthen your case, tell you what to do and say (and not say) during a hearing, and maximize the odds of a ruling in your favor. Instead of spending the next few weeks nervously anticipating your hearing, you can focus on other aspects of your life while your lawyer works diligently on building your defense.
Hiring an attorney for your DMV hearing can be the best decision you make during the legal process. If you want to avoid the most severe penalties, such as permanently losing your driver’s license, retaining a lawyer is the way to go. The right lawyer can make all the difference in the outcome of your hearing. The sooner you, the better for your case.
If you are facing a Motor Vehicle Division Hearing, contact the Orent Law Offices today. Arizona Motor Vehicle Division Hearings require timely responses in order to present your case to the administrative judge. If you miss any of these deadlines, your license will automatically be revoked without presenting any additional information. Craig Orent the Phoenix criminal defense attorney of the Orent Law Offices has over 30 years of experience in handling DUI cases and understands the best methods to approach a motor vehicle division hearing.
A motor vehicle division hearing occurs simultaneously with criminal proceedings after you are arrested for suspicion of DUI. A Motor Vehicle Division hearing often occurs because you refused to take a blood test or breathalyzer at the time of your arrest. This typically leads to the automatic revocation of your license and a requirement to attend a Motor Vehicle Division hearing to determine the fate of your license revocation.
During the process, you will go before an administrative judge who determines the status of your license. The state must be able to prove that the law enforcement officer had just cause to pull you over or suspect that you were driving under the influence. There must also be sufficient evidence to indicate that the law enforcement officer informed you of the consequences of refusing a chemical test.
While Motor Vehicle Division Hearings typically involve DUI offenses, they can occur as the result of other traffic violations in certain circumstances.
A DMV hearing can feel much less daunting when you know what to expect. When you hire a lawyer, he or she can fill you in on the details, rules, and processes to know before your hearing. You will go before a Driver Safety Hearing Officer, who presides over these cases. The Hearing Officer has the power of a Superior Court Judge in DMV processes. The officer will be the one conducting the hearing, looking at the evidence, and ruling on your case.
Most Hearing Officers are patient and willing to help drivers in navigating the DMV hearing process. Sometimes, however, you will get one who isn’t as kind. You will have the opportunity to make your case and provide any relevant evidence explaining why you should keep your driving privileges. The Officer will listen to both sides of the situation, examine the facts of the case, and make a ruling.
Arizona laws have become increasingly strict over the years as legislators work to curb the incidence of DUIs, DUI crashes, and any other crimes that occur as a result of DUI offenses. If you refuse to submit to a chemical test upon arrest for a DUI charge, a law enforcement officer will serve you with an Administrative Per Se Affidavit or an Implied Consent Affidavit. This affidavit contains an Order of Suspension which automatically begins 15 days later. You must timely request a hearing which will stay the suspension until the motor vehicle division hearing occurs.
At the hearing, the administrative judge will take into account the facts of your case. If the state is successful in proving that the law enforcement officer had reason to pull you over, your license will be automatically suspended for 90 days for the DUI offense alone. If you refused a blood or breath test as well, your license will also be suspended for an additional one year. This is a very harsh penalty to face after your first DUI and it is therefore important to speak with a Phoenix Motor Vehicle Division Hearing attorney who has plenty of experience in handling license revocation cases.