» Entries tagged with "admin per se"
The MVD Should Not Be Allowed To Have Nice Things
Arizona’s MVD, our equivalent of what everyplace else seems to call the DMV, has been on a bit of a rampage lately. I used to routinely wait months and months to get a hearing on a license suspension, but now they schedule them with such a quick turnaround that they conflict with other things in my calendar more often than not. This notice arrived in the mail on February 23, 2015: By the time I received it, the hearing was only fifteen days away. Had my client needed a foreign language interpreter, it would’ve already been too late to request one. Had it arrived just a few days later, I would’ve gotten it after my deadline to move to continue the hearing it set. Noticing it was dated February 12, 2015, I … Read entire article »
Filed under: MVD Hearings
The Inner Workings of Arizona’s Motor Vehicle Division
Considering how Arizona is pretty much designed and built around the automobile and how the MVD has a remarkable amount of power to alter and even strip residents of their so-called “privilege” to drive, you’d think that its policies and procedures would be transparent, consistent, and easy to understand. Surprise, surprise, you’d be wrong. The MVD works in truly mysterious ways. Let’s say, for example, that you’re a criminal defense lawyer and you want to know the effect of a certain type of conviction on a client’s driver’s license. Specifically, you’re trying to figure out the MVD consequences of a conviction for driving in violation of a license restriction, A.R.S. 28-3480. I am personally quite familiar with the charge, though I didn’t have to worry about the … Read entire article »
Filed under: MVD Hearings
The Right to Counsel, Admin Per Se
If an officer has probable cause to believe you are in actual control of a motor vehicle while under the influence of drugs or alcohol, the law provides that you will lose your license for a year if you don’t submit to a chemical test. Personally, I find the whole concept offensive and wholly incompatible with the idea of a free society. However, one thing that makes it even worse is that the judge at your admin per se hearing (license suspension hearing) will only consider whether the officer had reasonable grounds to believe you violated a DUI statute, whether you were arrested, whether you refused or failed to complete an alcohol or drug test, and whether you were informed of the consequences of your refusal or failure. … Read entire article »
Filed under: Arizona Statutes, DUI, MVD Hearings
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