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Why You Need A DMV Defense During A DMV Hearing The moment that you would want to prevent any revocation of your driver’s license, then it is a must that you will be able to request a DMV hearing. If you have experienced having a breath test or the officer has alleged you of refusing to have one, then it is a must that you will be requesting for a hearing within seven days. It is when you have taken a blood sample that you will have the chance to keep you license. But the moment that the result is out, the Department of Revenue will be sending you a letter informing you of the pending revocation. It is when the result if the blood sample has come out and you have received the letter that you should see to it that you will request a hearing within 10 days. You have to know that there are few things that are considered during a DMV hearing. It is the arresting officer that will have to show a probable cause that you are impaired by alcohol. The moment that you will be refusing a breath analyzer test, then the determination can also be possible. It is when you have taken the BAC that the results should be more than .08. If you are under the age of 21 years old, then the result should be more than .02. A determination will also be done the moment that you will be refusing the test. You also have to know that the hearing officer will not take not account any good character evidence that you have or any reason why you should keep your driver’s license. It is the above reasons that they will be looking into. You have to know that a DMV hearing is different from any other court cases. It is in a DMV hearing that there is no need for a multitude of evidence. The moment that you are ion a DMV hearing, then you will not be given a chance to prove that you are guilty beyond reasonable doubt. There will be a much lower standard by the hearing officer to determine the guilt that you have. It is a small amount of evidence that they will need to prove that you are guilty of the charge. A court case, on the other hand, requires a much complex for of evidence.
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In a DMV hearing, there are also times that your drivers licensed will not be revoked. But the majority of the drivers that has been in this hearing really have their licensed revoked. There are drivers though that will win the hearing once their DMV defense can show a good legal and factual issue. There are also times that the arresting police officer will not be able to show up on the hearing making you win the case.
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It is during these hearings that it is better that you will have a DMV defense lawyer by your side. They are the ones that know the laws as well as the rules and regulation.