Do You Need an Attorney for Both the Court Case and the DMV Hearing?

The Attorney Can Uncover Valuable Information during the DMV Hearing to Incorporate into the Court Case Defense

The DMV cases are oftentimes just as important as the court case. The court case has certain penalties that they can impose and the DMV is separate. The DMV can also be used to gather information and to get more information about the case.

The court case can help the DMV and the DMV information can help the court case. They go hand in hand and it’s important that they both be addressed.

Public Defenders Cannot Represent You at the DMV Hearing

If someone goes to court and has a public defender appointed to represent them in court, the public defender can only help them in the courthouse. That public defender cannot help them in an administrative hearing, which means the person will most certainly end up with a suspended license even if the charges in court are dismissed.

It’s very important to have a qualified attorney represent you both in the court and at the DMV administrative hearing.

Can an Attorney Help Have Your License Re-issued after a Suspension?

If your license has been taken a way, a lawyer may help you get the license back. If the DMV does suspend the license, there are things that need to be done to get the license back sooner than later.

The DMV, a lot of times, will not give you all of the information you need. They may tell you that the license is suspended and suspended for five months when, in reality, there are things that can be done to shorten that suspension. But you do need to have an attorney help you through the process by making sure you get the right things in place at the right time allowing for the license to be re-issued as soon as possible.

Requesting a Stay to Forestall the Suspension and Continue the DMV Hearing

The DMV requires that you demand the hearing within 10 days. The temporary license is good for 30 days, but if you demand a hearing and a “stay,” you stop the suspension from going into effect. Once that suspension is stopped, we now have time to defend the DMV case to continue it out.

We may set a hearing four weeks or six weeks out and then continue that hearing because we need the additional information. At the Department of Motor Vehicles, you have the right to issue subpoenas and collect the information similar to what you can do in court.

DMV hearings may get started and continued, you may have witnesses come in to testify and a DMV hearing could go as quickly as four weeks. Or, it could take months to properly investigate the case and work it up before you complete and finish a DMV hearing and get a decision.

No matter the duration of the DMV hearing, it will hopefully result in a set aside with no suspension.

Mark Rosenfeld - Criminal and DUI Defence Trial Lawyers

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