Denver DMV Hearings Lawyer
The Colorado Department of Motor Vehicles (DMV) handles matters involving the revocation or suspension of drivers licenses and loss of driving privileges. These usually involve DUI charges, insurance issues, or other forms of reckless driving. These hearings can strip away a person’s right to drive for lengthy periods of time, impacting their ability to attend school, commute to work, and perform basic daily functions.
One of Varner Faddis Elite Legal, LLC’s Founding Partners, Eric J. Faddis, has handled thousands of criminal cases both as a prosecutor and criminal defense attorney. He has also defended many Denver clients at DMV hearings and worked on appeals of DMV decisions. The attorneys at our firm is results-oriented, innovative, and honest, maintaining an open line of communication between clients.
We understand for most Denver clients that situations requiring a DMV hearing lawyer can be traumatic and stressful. As such, we practice compassion and empathy at every step of the legal process, from consultation to the courtroom. We treat each client with the utmost respect, committing to sharing their stories in an effective way.
Why Do You Need a Lawyer?
DMV proceedings can involve the loss of driving privileges and require a thorough legal analysis and defense, if applicable. Moreover, there are important deadlines that an individual may have to meet in order to properly contest a DMV revocation. A seasoned attorney has the proper education and training to identify defects in the government’s case and potential defenses to revocation, including a lack of reasonable suspicion to conduct an investigatory stop, improper express consent advisement, erroneous determination that someone refused a test, or the police’s failure to honor a suspect’s election for a chemical test.
Facing a drivers license revocation is stressful enough without having to worry about navigating the administrative DMV system. A lawyer will handle the details of the process so that the client can focus on their life rather than paperwork and deadlines.
What Are DMV Hearings?
The purpose of this hearing is to determine the fate of a person’s driving privileges, usually after a person has been arrested on suspicion of DUI/DUID.. Typically, the hearing may be conducted in-person or over the phone.
These hearings are administrative rather than criminal; any criminal charges will proceed through a separate process.
During the hearing, a Hearing Officer will explain its nature and purpose, as well as review evidence related to the case. Oftentimes a police officer will testify to his observations and the actions he or she took. The respondent will have the opportunity to call witnesses, ask questions, and provide testimony, although not required. He or she will also be able to cross-examine any government witnesses. The Hearing Officer will receive the argument from defense counsel and then determine whether to impose or sustain a revocation or suspension. If the Hearing Officer imposes a revocation against an individual, that person may be able to appeal the DMV’s decision or apply for early reinstatement of one’s license in some circumstances.
Your Legal Rights in DMV Hearings
The DMV hearing process can be complicated and stressful, and its administrative nature may lead a defendant to believe that it isn’t as serious as a criminal trial. This is not necessarily the case – a DMV hearing can result in the loss of driving privileges, which can seriously impact a person’s daily life.
Since it is an administrative matter, the legal rights of a defendant in a DMV hearing are different from a criminal trial. The defendant’s right to an attorney is the most notable difference. DMV hearings do not require the defendant to hire an attorney; instead, it is up to the discretion of the defendant if they would like to hire one. Unlike a criminal case, a defendant does not have the right to have an attorney provided to them if they can’t afford one.
Because Hearing Officers and other members of the Hearing Division staff can’t provide legal advice to the defendant, hiring an attorney will protect the defendant’s rights throughout the process, ensure the DMV is following correct procedures, and construct a strong case in the defendant’s favor.
Get Skilled Legal Representation
To build a solid case that accurately portrays their side of the story, it is vital that the defendant has an experienced attorney. At Varner Faddis Elite Legal, LLC, our Denver lawyers fight for our client’s right to drive, throughout all legal proceedings, whether a criminal trial or DMV hearing.
Contact us today to learn more about your legal options, and to schedule your free consultation at our Denver offices.