An administrative hearing is the opportunity that the Nevada DMV gives you to contest the suspension of your driver's license. Although requesting and arguing your case in a hearing is a difficult process, a lawyer in Las Vegas can help you and give you your best chance to keep your license after a DUI or other type of arrest. While a driver's license suspension may seem like the least of your problems if you have been arrested, a successful defense by your lawyer at a hearing can save you the complication of a suspension and can even have a favorable impact on your criminal case.
Requesting a Hearing
If you are arrested under charges that affect your driver's license status, the DMV will inform you of its intention to suspend your license for a specified amount of time. It is important to note that the DMV's actions are separate from whatever court proceedings occur; therefore, the DMV suspension proceedings may go forward even if your charges are dropped. To request a hearing, you must fill out a set of complex paperwork and send it in on time. This is a task that you can easily forget about in the whirlwind of activity following an arrest, but a Clark County attorney will be able to help you stay on top of the process.
The Hearing Process
A DMV hearing proceeds like a trial, with witnesses, attorneys, and a presiding judge. If the prosecutor can convince the judge that your license should be suspended, the suspension will be upheld. There are several opportunities for the suspension to be overturned, however. A primary benefit of a DMV hearing is the fact that it forces your arresting officer to defend his decision to arrest you. If your attorney is able to point out flaws in the officer's process, the judge is likely to reverse the decision. Better yet, if the officer fails to appear at the hearing altogether, you will be allowed to keep your license regardless of other factors.
Although a DMV hearing may seem like a minor consideration in comparison with criminal charges, there are a few good reasons to pursue it. A lawyer who has extensive experience defending against license suspension may well be able to save you the frustration of six months or more without the ability to legally drive. More importantly, if your arresting officer calls his own process into question during the DMV hearing, your lawyer can use his testimony to cast doubt on your criminal charges.
