Failure to Request a DMV Adminstrative Hearing
A Utah DUI case is actually two cases in one; a criminal DUI case and a civil driver’s license administrative action. Once a person is cited for a DUI, it is their responsibility to request an administrative hearing in writing, although the only notice of this is in small type at the bottom of the ticket and as a result is often missed by drivers. The DMV hearing is the single most important part of any Utah DUI case, and failure to request a hearing results in automatic suspension. Because most officers fail to mention the hearing to defendants, and the situation is quite emotional, about 50% of people miss this very important deadline. More alarming is the fact that even lawyers who are not DUI Specialists can get confused by the myriad of challenging legal issues and procedural time constraints imposed by the civil component.
What to Include in your letter requesting a hearing:
The most important thing you can do after receiving a DUI is to sit down and write a letter requesting a hearing to the DMV;
- include your name
- address on license
- mailing address
- date of arrest
- date of birth
- driver’s license number
- make sure you check with the DMV on the ninth day following arrest to ensure that they received your request and that it was properly prepared.
Next, sit down and write a narrative, about forty paragraphs and ten to fifteen pages describing exactly, in explicit detail what occurred both before during and after the arrest; including exactly what you ate and drank that night over a specific time period. Remember, a DUI defense can be the single most difficult crime to prosecute because it involves so much technology and a myriad of rules that officers have a tough time following completely; your narrative of what happened is the single most important aspect of your case that you have control over, and in this sense, you may hold the key to your case.
For Additional Help Conatct David Rosenbloom
435-714-0376