Results 1 to 3 of 3
  1. #1
    Join Date
    Dec 2007
    Posts
    1

    Default Hearing to Obtain a Temporary License Following Suspension

    After second DUI in 2005 I now have the option to request a hearing for a tempory license. I have not driven in 2yrs, since license is revoked, nor do I follow the trends in which caused the loss of my license. I live with my parents and for the past 2yrs worked 400yrds from my house, so I had no need to drive. Oh, I live on a golf course and worked at the club house. Now I work with a neighbor in which he drives me to work everyday. My hearing requests that I have 3 witnesses. I intend to have my mom, a friend at work, and my boss who drives me to work everyday. I have no current convictions and have completed all obstacles in which the state has imposed. My Q is ...will I need a lawyer at my hearing and what advice do you have?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: 4yr Suspension Up For 2yr Hearing Have Q

    If you want to take a lawyer, by all means consult a few local lawyers and pick one.

    Laws are different in each state, and you forgot to identify yours.

  3. #3

    Default Re: Hearing to Obtain a Temporary License Following Suspension

    Hi Tabula Rose,

    As Administrator aaron pointed out, you neglected to tell us what state you reside in; though wherever you live, I would strongly suggest you retain counsel. It is an expensive proposition to be sure, but it will be money well spent if your attorney is one who knows the ropes and has a number of hearing successes to his credit.

    Where I live there are a number of attorneys in private practice who advertise their qualifications include having been a former Secretary of State Formal Hearing Officer (your state may have a different comparable title). I would try to find one of these - a lawyer who has worked both sides of the fence. You could start by calling your state Bar Association referral service or even by going to the Yellow Pages. The director of the school where you took your court ordered classes might also know who is reputed to be excellent. You could schedule more than one free initial consultation and choose from among them. Don't be afraid to ask how many hearing cases he has handled or what his track record has been.

    Odds are your hearing will not be a cake walk. Even though you make a concerted effort to be well prepared, have witnesses who are willing to speak on your behalf, can evidence that you have been a model citizen for the past two-plus years, and on the day of your hearing awake with a "good feeling" marked by optimism and confidence...By the time the State gets done with you you might be left with the impression a tar and feathering would have been kinder and a Spanish Inquisition tribunal preferable. The State has a particular vested interest in keeping repeat DUI offenders off the road. [Though you may be picked up thumbing by a multiple narcotics possession offender crack addict sporting a never-revoked license...or an illegal alien who has a vehicular homicide in his past sporting a brand spanking new one.] I may sound jaded, overly negative, but the truth is State hearing personnel are very good at what they do and they do it with zeal. It could be if to go it alone the hearing officer querying you may seem friendly enough, smiling and nodding in agreement, but when it is all said and done and you receive your copy of his recommendations some time later, you realize he was in essence a wolf in sheep's clothing.

    You can anticipate being queried extensively. There are advantages to teaming up with a lawyer who can accurately predict what kinds of questions you will be asked and can prep you well in advance on what to say and what not to say - who knows from experience both what the State wants to hear and what responses would guarantee an adverse outcome. What could also prove invaluable is that he will be in a position to request that trick questions and those that smack of entrapment be rephrased or withdrawn, citing case law and legal precedent if needed. Going it alone one is more likely to be caught off guard and unwittingly fall victim to no-win lines of questioning. In turn he will be afforded an opportunity to ask you questions skillfully articulated to bolster your case and designed to show the State why you are a prime candidate for reinstatement. In essence he will do what you have paid him handsomely to do -- Guarantee that you are given a fair and impartial hearing and do whatever he can to increase your odds of a favorable outcome.

    Lastly, most likely there will be an official transcript (perhaps verbatim) or other detailed record of the hearing that will most certainly make its way into the State's file at any subsequent hearing should you be denied the first time. Even though your attorney may have failed to get your driving privileges reinstated at your first hearing, perhaps he will nevertheless have succeeded in the respect that he was able to keep you from saying something that was a big no-no. You don't want anything in your hearing's record/transcript to come back to haunt you at a later date.

    Tabula Rose, from what you wrote here you sound like a hard working, nice person who has really tried her best. Were it up to me I would give you the benefit of the doubt and your license back. The best you can do is give it the good ol' college try, put your best foot forward. People meet with denial for all kinds of reasons. Don't be too hard on yourself if it transpires your first hearing was a no-go. It doesn't necessarily mean you or your attorney did something wrong. Heck, who knows, maybe unbeknown to you your hearing officer aspires to run for public office and hopes to campaign on a stellar record for being "tough" on repeat offenders. Who knows, maybe that very morning he was called in on the carpet and admonished by his boss for being too lenient of late. Like a lot of jury trials, hearings can be a crap shoot but retaining competent counsel will increase your odds.

    In closing, please know I make no pretense to being a legal authority in these matters. Not that you would, but, please take nothing here as gospel. I wish you the best and hope you'll be back on the road in the near future.










    Again it varies from state to state

    1. Sponsored Links
       

Similar Threads

  1. Suspension and Revocation: Suspended Ohio License, How to Obtain a License in Another State
    By HPcore in forum Driver's Licenses
    Replies: 2
    Last Post: 07-03-2011, 01:29 PM
  2. Hearings and Trials: Court Failed to Notify Me of Hearing Date. License/Registration Suspension
    By ld_rider in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 02-23-2011, 09:06 AM
  3. New Jersey License Proposed Suspension Hearing
    By gr8sk8 in forum Driver's Licenses
    Replies: 1
    Last Post: 06-10-2010, 09:07 PM
  4. Drunk and Impaired Driving: How-to Obtain DMV Hearing Transcripts
    By Helter Skelter in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 05-19-2010, 07:31 AM
  5. Divorce: First Temporary Court Hearing
    By SwnAac308 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 04-24-2008, 08:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources