The Law Offices of Scott David Stewart
Phoenix License Suspension Attorneys
Motor Vehicle Division (MVD) hearings are heard by an Administrative Law Judge and are not decided by a jury. Unlike in criminal court proceedings, judgments are based on a preponderance of the evidence rather than proof beyond a reasonable doubt. As such, conviction on a DUI charge in a MVD hearing involves a lesser standard of proof than a criminal trial. At the Law Offices of Scott David Stewart, we've represented thousands of people in MVD hearings. Our DUI defense attorneys understand how to prepare and present evidence, how to negotiate effectively, and how to determine the best course of action for our clients.
Be prepared for you MVD hearing with an experienced, knowledgeable legal team who can help you achieve the best results possible. Contact MVD hearing attorneys at the Law Offices of Scott David Stewart today. Located in Phoenix, Arizona, we represent clients in Mesa, Tempe, Scottsdale, El Mirage, Paradise Valley, Tolleson, Glendale and Chandler.
Admin Per Se Hearing
The Admin Per Se Hearing is held to answer the following five questions: 1.) if you were driving at the time of a DUI-related charge; 2.) if you were or had been drinking; 3.) if you were asked to take a blood, urine, or breath test: 4.) whether or not you agreed to take a test or tests requested by an officer; and 5.) whether the administered tests were accurate and reliable.
Implied Consent Hearing
If you refused or failed to successfully take a breath, blood, or urine test, an Implied Consent Hearing will be held to answer the 5 following questions: 1.) were you driving: 2.) were or had you been drinking; 3.) did the officer request a test for a breath, blood, or urine test correctly and according to procedure; 4.) did you clearly and appropriately indicate to the officer that you would take a test or tests; 5.) if your failure to take the test or tests successfully was your fault and your fault alone.
Why an MVD Hearing is Important
The arresting officer, as well as the person responsible for administering any tests should be present at an MVD hearing. These proceedings are recorded and can be used later at a criminal trial. However, since the MVD hearing is primarily interested in determining certain facts surrounding your DUI charge and how a breath, blood, or urine test was administered, a prosecutor will not be present. As such, an MVD hearing provides your DUI defense attorneys an opportunity to cross-exam police officers without the presence of prosecutors. Any discrepancies, mistakes, or questionable practices can be picked apart and introduced later at trial.
Will My License be Suspended?
Even if the MVD does not suspend your license during the Admin Per Se or Implied Consent Hearing, they can suspend your license if you plead to, or are found guilty of, DUI. Even if an Administrative Law Judge suspends your license during the Admin Per Se or Implied Consent Hearing, it typically won't go into affect for 20 days.
Contact the Law Offices of Scott David Stewart Today
Each case is different and demands a knowledgeable, committed legal team that understands how to handle questions of evidence, police procedure, and conflicting testimony. To discuss the specifics of your case and get the information you need, contact Phoenix license suspension DUI defense lawyers at the Law Offices of Scott David Stewart today.
