Officers were called to the scene of a traffic crash. A driver collided with a tree causing the vehicle’s airbags to deploy and uprooting the tree. The passengers of the automobile removed the driver and brought him into a residence for help. The passengers attempted to cover for the defendant, but the officers suspected foul play and DUI (Driving Under the Influence). After EMS treatment, the defendant refused a breath test and was arrested.
Formal Administrative Hearing Review
If you have been arrested for a DUI, you have 10 calendar days to request a formal administrative hearing review. This includes Saturdays, Sundays, and holidays, so it is crucial that you make this arrangement as soon as possible.
Some may wonder why they would want to make this request for another hearing. The reason for this is because, with most DUI cases, a long driver’s license suspension could be faced. The purpose of the formal administrative hearing review is to have the driver’s license suspension be removed or invalidated from your record.
When requesting this hearing you must make it in writing. If you have an attorney, they can assist you in this process. The request must include your name and address as well as your date of birth and driver’s license number. A statement about the date of the suspension, along with the county of where the suspension was received must also be included in this request. When sending this in the mail, it must be postmarked within the 10 calendar days.
If the driver does not appear at the formal administrative hearing review, an informal review could be conducted. If a witness fails to appear that was subpoenaed, they must supply a written excuse as to why they were not able to make it.
If you have an attorney, you do not need to appear for this as your lawyer will represent you. If the arresting officer does not make it to the hearing, the driver’s license can be reinstated.
Musca Law Firm Services
If you have been charged with a DUI or other criminal offense, it is in your best interest to obtain the services of an attorney that is knowledgeable in that area of law. At Musca Law Firm, we have many excellent attorneys that are skilled in DUI charges. We have successfully covered cases in which we have won, had charges reduced significantly, or even completely dropped.
Our firm wants to help you get your life back. We realize you have enough to do worrying about your future. Let us assist you in this matter. Our firm will provide you with the best possible service an attorney can give. Call us today at (888) 484-5057 for your free consultation.
RESULT: The Musca Law Defense requested a formal administrative review hearing questioning the suspension of the client’s license. The Defense proved that the police lacked sufficient evidence to determine that the client was in actual, physical control of the vehicle while under the influence. LICENSE REINSTATED!