Many motorists in Colorado often get in trouble due to driving while ability impaired or driving under the influence. That means it’s not uncommon to have your driver’s license suspended, even in the circumstances not related to criminal proceedings.
When trying to stop the suspension of your driver’s license in a DMV hearing, the argument you present can mean the difference between success and failure. You will need to rely on our Colorado defense attorney to increase your chances of winning. Talk to us today to learn how we can help you through this process or even act on your behalf.
If you are arrested in Colorado due to driving while ability impaired (DWAI) or driving under the influence (DUI), there’s so much at stake. You can face a criminal charge, resulting in severe penalties. You may also have to go through a DMV hearing process, which decides penalties such as revoking your driving license.
It is important to note that being arrested for DUI or DWAI does not deprive you of your rights. You may refuse a chemical test and instead for a blood test. However, it is crucial to keep in mind that any of these can have serious consequences.
For instance, failing a breath test, or refusing a chemical test may require you to wait seven days before requesting to appear for DMV hearing.
That’s why you will need to consult a DMV assistance attorney to learn the best way to handle your situation.
If you get in trouble and are asked to face a DMV hearing, it is informal and usually does not require the police officer’s presence. In many cases, it is enough for the hearing officer (an employee of DMV) to study the police report. The motorist is invited to submit evidence or call a witness at the hearing.
Navigating the Colorado Department of Motor Vehicles maze can be intimidating and complicated if you’re trying to reinstate your driving privileges. This is why you need to hire a professional attorney.
The hearing officer usually applies the law to the presented facts and makes a ruling. It is not unlikely for this officer to take sides and jeopardize the law as they are employees of the state. While DMV hearing is an administrative process, you still have the right to get an attorney to represent you. Get in touch with the Law Offices of Steven J. Pisani to learn how we can help you through DMV hearing.
During the hearing, the officer will allow you or your attorney to make legal arguments. Any defenses available to you will hinge on the particular facts and circumstances in your case. Here are some possible defenses:
Sometimes a DMV hearing may not go you had intended, even when facts and circumstances show that your DMV hearing should produce a positive outcome. An officer may misinterpret the law, fail to consider all evidence or even make some sort of mistake resulting in the suspension of your driving license.
The consequences of losing your license can be severe. But don’t fret! If you recently lost in your DMV hearing, it helps to talk to a Colorado-based Denver DMV lawyer immediately to assess your situation and see if you stand a chance to appeal in court.
Any ruling by the Colorado DMV can be appealed. This is an opportunity given to the driver to challenge the procedure used during the DMV hearing.
Usually, a DMV claim is filed in the locale where you live. When that is done, you or your attorney submits a legal brief stating the legitimate and authentic reason for the appeal and laying out every single material argument.
As you wait for your appeal, your attorney can submit a request for a stay to suspend your driving license to allow you to drive while the court is reviewing your case. This can take several months.
Appeals are usually complex processes, and this is the main reason you require an experienced attorney. Remember, your job may depend on driving, so here is a chance to redeem your legal driving privileges, which are seriously in danger of suspension or revocation.
If your driver’s license is in danger of getting suspended, be smart, act fast, and get in touch with Denver DMV lawyer at Pisanilaw.com. We will use all our resources to protect your future.