Posted: Sun Aug 27, 2006 1:14 am Post subject: DMV Hearing
It's rare to win one and inpossible if you don't have a GOOD attorney. If your BAC was low a good lawyer can possibly get it reduced to a wet recklass, if it was high I wouldn't waste money on a attorney for the DMV part, it may not help...
Posted: Fri Sep 01, 2006 12:33 am Post subject: DMV hearings aren't court proceedings
the important thing to remember is that DMV hearings aren't court proceedings. They are administrative hearings and therefore don't attempt to apply the law to your situation.
Rather they apply "policy" instead. A good lawyer will know how to work around the policy and poke holes in the evidence provided that supports the policy.
like the above poster mentioned it is very difficult to win a DMV hearing. So weighing the associated costs versus the chance of winning you'll want to make an educated decision.
The only thing I'd add to the above DMV hearing information is that alot of times DMV hearing officers are not fully aware of the law nor do they care about the law.
And in most cases they feel pressured to support the DMV and side against the suspect because that's what they "are supposed to do."
Those 2 reasons alone make it very hard to win one of these dmv hearings. Get a good, no excellent DUI lawyer if you want a chance at winning it.
