» Entries tagged with "administrative law judge"
Thanks for the Heads-Up!
Yesterday morning, I was supposed to have an MVD hearing. An issue came up with my client being able to attend, however, so I faxed in a motion to continue. I called the MVD and confirmed they received it. It was somewhat last minute, but they had plenty of time to make a decision. Although they surely could have, the MVD didn’t bother calling me Wednesday to let me know what was going to happen with yesterday’s hearing. Instead, they left me a voice message at my office well before business hours yesterday morning in a voice mailbox for an extension that I’m not even sure how they reached. The message said the motion was denied and the hearing was going to proceed as scheduled. I ended … 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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