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Challenging Your DMV Suspension Could Get You a Lot More Than Your License Back
Those who have been faced with a DUI charge may be familiar with an automatic license suspension, which can go into effect as soon as ten days after a DUI charge. While this process is understandably frustrating, acting quickly and with the help of an experienced criminal defense attorney can go a long way in defending your case.
Challenging a License Suspension
Many Floridians are unaware that they have the ability to challenge a DMV license suspension, within ten days of the charge and before it goes into effect. Once it has been requested, a hearing will be scheduled within a month, in which you’ll be able to challenge the evidence presented and potentially get your license reinstated. In some cases, your license may be reinstated with certain restrictions. Most importantly, however, this hearing is not a part of your criminal trial.
Evidence in Suspension Challenges
Even if you’re unsuccessful in challenging your license suspension, it may be useful in your criminal trial. Because the hearing is not a part of your criminal trial, you may be able to have additional witnesses present and present additional evidence. Specifically, the hearing allows for your attorney to collect evidence from the officers who pulled you over by means of subpoenas and deposition. Using these subpoenas, your attorney may be able to challenge certain aspects of the case in your criminal trial, such as the reason you were pulled over in the first place. If you are successful in challenging the suspension, you’ll be able to bring that to the criminal trial and establish an even stronger case.
The DMV hearing officer will review all evidence and witness testimony provided to them by both sides prior to reaching a decision. The prosecutor will be required to prove certain elements in order to have your license suspended for a minimum of six months. If you are found guilty at the criminal trial, your license will be suspended for a minimum of one year. However, if you are found not guilty at the criminal trial, your license will be reinstated.
An experienced Florida DUI attorney can help you through the process of challenging a license suspension. If you’ve recently been charged with DUI, you’ll need to act quickly to challenge your license suspension. Contact Petkovich Law Firm today for your qualified representation.
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