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Understanding DMV Hearings

If you have recently received a charge for a driving infraction that resulted in a suspended driving license, you have the right to ask for a hearing. 

If you believe your license should not be suspended and would like to present your case to potentially save your license, you may be permitted to request an informal or formal hearing. After a DUI, if you do not opt for a hearing within ten days of arrest, your license will be automatically suspended.

What is a Formal DMV Hearing?

During a formal DMV hearing, a hearing officer will hear the facts of your case and examine testimony and evidence as to why your license should be reinstated. After receiving your request, the court has 30 days to schedule your hearing. 

If the hearing proceeds and the DMV sides with you, you will retain your license.  However, if you lose your case, you may receive a license suspension that will prevent you from driving. During this time, you may be ineligible for a hardship license.

What is an Informal DMV Hearing?

If you choose an informal hearing, the DMV will look at the facts of your case, but you may not present any evidence that conflicts with the information provided. In short, there will be no testimony on your behalf. 

In addition, you may have the option to request a hardship license. This will allow you to perform essential activities, such as driving to and from work. 

Need an Attorney for a Florida Driving Case?

If your license has been recently suspended, Shrader & Mendez Attorneys at Law can provide you with all of the necessary legal advice. Contact us today for a consultation at (813) 360-1529.

 

Posted in Traffic Defense

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