Administrative hearings are fairly specific to each state. Some states allow for hearings to be missed without any consequences, while other states will continue without you being present and suspend or revoke your driving privileges or possibly have you serve additional jail time.
This post will focus on New Yorks administrative hearings and what their hearing rules of procedure entail.
Who handles administrative hearings in New York if I need one?
New Yorks Office of Administrative Hearings manages administrative hearings where the Office of General Counsel will represent New Yorks Division of Licensing Services. This department determines what action will be taken against a licensee that is regulated by this department. This Division of Licensing services has assembled a guide to statutes and rules that relate to hearings and provides the necessary information to defendants and their respective attorneys.
Here are just a few reasons for a revocation or suspension of your drivers license:
You refused to submit to a chemical test as required by law at the time of the police stop.
Your chemical test produced a BAC percentage of .08 or more, or shows the presence of a controlled substance.
You were driving (operating) a commercial motor vehicle and a chemical test produced a BAC percentage of .04 or more, or shows the presence of a controlled substance.
These are a few examples for getting your drivers license suspended or revoked. Other reasons could include too many points against your license from speeding or other moving violations, and drug or alcohol related offenses. It would be a good idea to check your states Motor vehicle Department to see which offenses will result in a license suspension or revocation.
How will I know when my administrative hearing is scheduled?
This administrative hearing needs to be scheduled as soon as possible after the arrest; New York will generally schedule this hearing within 10 days of an offense that requires a hearing, under current statutes.
All of the parties involved will be given a reasonable notice of the administrative hearing by the state of New York with a time, a place, and the nature of the hearing. You will also be given documents or reference materials to a particular section(s) and the rules involved, where applicable.
What usually happens at an administrative hearing?
At an administrative hearing, a hearing officer will explain the process to you, swear the arresting officer in and review all the evidence that the officer has presented against you. The hearing officer will begin to take testimony from the arresting officer, and the hearing officer will start to determine if the arresting officer had enough probable cause to arrest you and if the arresting officer followed the official procedures set forth by the state.
The hearing officer will swear you and your attorney, if you hired one, in next and any witnesses that were subpoenaed to appear on your behalf at the hearing. (You will need to subpoena any witnesses before you go to the hearing not after.) The hearing officer will review all the evidence that you and your attorney are presenting in favor of you and will also begin to take testimony from you, your attorney, and any witnesses that you have.
The hearing officer will close the hearing after all evidence has been presented and there are not further questions from either side. The hearing officer will make their decision after all the evidence and testimonies have been reviewed and make their decision as to either dismiss the charges for a suspension or revocation and return your license to you or the hearing officer will uphold the suspension or revocation for the minimum time permitted by law for the crime that has been committed. This suspension or revocation period is also pending on your driving record, meaning if you have a long criminal history the suspension or revocation period could be longer, compared to a first time offender.
If you disagree with the hearing decision you have the right to appeal the decision to the court.
An excellent tip to remember would be to show up for your hearing prepared. If you fail to appear at the scheduled hearing many states will waive your rights to a hearing and the action against you will go into effect.
Additional information may be obtained by writing to:
Department of State
Office of General Counsel
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Or by visiting www.NewYork.gov