Was your driver’s license at risk for being suspended after being pulled over for a DUI? Then you might seek to end or shorten your license suspension by requesting an Arizona driver license administrative hearing. The attorneys at Lerner and Rowe Law Group have over 70 years of combined experience assisting individuals prepare and move through the administrative hearing process. Call 602-667-7777 for a free case evaluation and consultation to learn more about how we can help.
Driving Is Not a Right
In Arizona, state law proclaims that driving is a privilege, not a human or civil right, meaning that this privilege can be taken away at any time. State law, however, also allows individuals facing a suspended license the chance to get their driving privileges back by pleading their case via an Arizona administrative hearing.
What Is an Arizona Administrative Hearing?
The administrative court system is built from the Office of Administrative Hearings. Though similar to a trial, the process of an Arizona administrative hearing is much less formal and is presided over by an Administrative Law Judge (ALJ). These hearings also differ from a trial in that you must request to be heard. In Arizona, a request to challenge an administrative license suspension following a DUI arrest must be requested within 15 days after issuance of the notice of suspension.
That’s right, to get your administrative hearing scheduled, you need to lay the groundwork. There are proper procedures that you need to follow to work towards getting your license back. An experienced Phoenix defense attorney from Lerner and Rowe Law Group can assist you in following the proper procedures, so that your license suspension has a better chance of being overturned.
What Happens During an Arizona Administrative Hearing?
At the beginning of each hearing, both you (or your attorney) and the other party will be able to make an opening statement. This opening statement should explain to the ALJ exactly what each party believes the presented evidence will show.
Relevant to a DUI case, the scope of an Admin Per Se hearing is detailed in A.R.S. 28-1385 and the scope of an Implied COnsent Hearing is described in A.R.S. 28-1321.
Then, each party will present evidence to the ALJ. This evidence may come in the form of sworn testimony provided by witnesses, officer testimonies, or factual artifacts and documents.
One of the major differences between an administrative hearing and a trial in a court of law lies with these officer testimonies. This is because the ALJ will allow hearsay in these statements, even though hearsay would never be upheld in a formal court of law. This can be both an advantage or a disadvantage to your case, depending on the scenario. A lawyer from Lerner and Rowe Law Group will know what questions to best support your case.
When the hearing is completed, each party will present a closing argument. Then, the ALJ will go over each piece of evidence and decide whether your license suspension should be upheld or voided. They will let the responsible agency know their decision, and your license suspension may or may not change.
Seek Assistance from a Lerner and Rowe Law Group Attorney
There are many best practices that you should follow when you attend your administrative hearing. For instance, your administrative hearing will most likely be held in Phoenix, Arizona, but make sure you are certain of the time and location of your hearing well before the day arrives.
Also, you should dress for court and not have any food, drink, or gum in the courtroom. Most importantly, you should come completely prepared to defend your case. A knowledgeable criminal defense attorney at Lerner and Rowe Law Group will be able to look at the evidence and witnesses available and build an effective argument.
Then, if your case escalates, or you are charged with a DUI in Arizona, you will already have the award-winning representation of Lerner and Rowe on your side.
Administrative Hearing Lawyers at Lerner and Rowe Law Group
If you have an administrative hearing coming up, or an administrative license suspension is pending and you would like to request such a hearing, contact Lerner and Rowe Law Group for assistance. Lerner and Rowe Law Group is an entirely separate law firm from Lerner and Rowe Injury Attorneys that handles DUIs and other criminal defense cases. So, by working with our team, you know that you are in experienced hands dedicated to your specific legal needs.
Our representatives are available 24/7 to take your call at 602-667-7777, and will set up your free case evaluation and consultation. So, fill out this FREE online form. Or, talk immediately through our convenient LiveChat feature.
Don’t hesitate to reach out today! You are just one conversation away from getting result-driven affordable criminal defense and flexible payment plans.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.