DUI Administrative Suspension
DUI ADMINISTRATIVE SUSPENSION
Why Challenge the Administrative SuspensionThe administrative suspension cause by a DUI arrest should be challenged for many reasons. Here are the top reasons to challenge the suspension. 1) If you do not challenge and win your administrative hearing, but you win your DUI charge or the charge is reduced to a reckless driving, your DUI administrative Suspension will remain in effect. This is because the suspension has nothing to do with the criminal charge. Your driving privileges are suspended through the Department of Motor Vehicles, through an administrative rule, not as a criminal rule. The administrative suspension is due to the drivers refusal to provide a breath or urine sample or because the driver blew or had a blood alcohol content over .08. There are very things worse then beating your DUI and still having a suspended license because you made no effort to challenge the administrative aspect of the case within the required 10 days. 2) It gives your lawyer an early crack at attacking your DUI charge. Although generally the hearing testimony or outcome is not admissible in court, it does provide a chance at getting some discovery and planning your defense at an early stage. 3) Many DUI defense lawyers include these administrative hearings as a part of their fee so there is very little extra expense, the only secret is that the request for the hearing must be made within 10 days of your arrest. 4) If you win the administrative hearing, your license will be returned to you and you can drive with no restrictions while your DUI charge is pending. 5) An administrative hearing can provide possible issues to be litigated and appealed prior to your DUI case being heard. A ruling from the appellate court on an issue could have a beneficial outcome on your trial or your case outcome. In short, there are many reasons to challenge the suspension and no reason not to challenge it. Be aware though that many of not most offices of the public defender do not handle these hearings for several reasons, including that it is not criminal so it is not really their job and the fact that by the time a public defender is appointed the 10 day period has long passed.
Last Updated (Friday, 31 July 2009 18:57) |
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