Cases that often follow a person arrested for driving under the influence DUI are known as DMV hearings. The normal court trials we see are very different from the DMV hearings. These hearings are characterized by the fact that they are heard at the nearest DMV offices close to the scene of offense.
Something else different about court trials and DMV hearings is that there are no live witnesses. Statement’s that were made by people who are not physically present at the hearings are presented as hearsay evidence in these hearings. The DMV cannot suspend your license on the mere evidence of hearsay.
Hearsay evidence can be challenged in any DMV hearing by your chosen attorney although this is not a court of law. The hearsay evidence can be defended by the appearance in these hearings of a key witness like the arresting officer. To learn more about DMV hearing, visit https://en.wikipedia.org/wiki/Hearing_(law).
The DMV hearings are also unique in that the prosecutor and the judge are one. The DMV has its own employee who acts as the judge but is not a real judge of the courts of law. This person will seek to introduce any evidence against you and will also be the one ruling your case.
There are some questions that the suspects need to be asked during these DMV hearings. One of the first questions is if the suspect was the one driving the vehicle. The suspect will then be questioned if he/she was legally stopped and arrested by the officer. If a blood alcohol test was done, there is need to establish if it was done under the law.
In some cases whereby the blood alcohol level was above limit the suspect needs to acknowledge that they were informed by the arresting officer. There are some suspects who might have refused to undergo a chemical test. Refusing these tests has consequences and the suspects will ask if they were explained to him/her during time of arrest.
A person who loses in a DMV hearing and had refused chemical test might get a longer suspension on their license. It is the duty of the arresting officer to send a sworn copy of the hearings to the DMV offices. A notice of suspension is also sent and also any revoked drivers licenses are taken in to possession. It is now the duty of the officers at DMV to look at the evidence provided and either uphold or reject the rulings. Visit http://www.californiadmvhearings.info/fatality/ if you have questions.
It is possible to ask for a hearing to contest a decision especially during the administrative review process. Once your suspension is over your license will be returned.