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Case Histories: The DMV Hearing


Interviewer: Can you share a unique DMV case hearing that was one of your favorite victories?

Police Testimony Obtained at the DMV Hearing Is Admissible in the Court Hearing

David: In terms of victories at DMV, I’ve had a couple of cases where it’s obvious when I’m cross-examining the officer regarding the field sobriety test, they don’t know what they’re talking about. Suddenly, they start talking about six clues on the one-legged stand test.

I keep good poker face on and what are those six clues and get them to put a basically, a lot of nonsense on the record. This might not win the administrative hearing but certainly would not count in their favor in the court proceeding when they go to court. We get a transcript of the administrative hearings where we score points like that. We use the evidence against them at the trial.

In terms of the victories are, the general the percentage of victories at these hearings is in the range of one in eight or one in 10 or so.

Motor Vehicle Violations and the Regulations Concerning Drivers under the Age of 20

Interviewer: Is a driver under age 20 also subject to different regulations in a DWI case?

Paying Equates to Pleading Guilty: Underage Drivers May Not Know That Paying a Ticket Results in a Conviction

David: There’s a statute that stipulates that any person under age 20 who is basically working with their first driver’s license, if they get any motor vehicle violations at all, they are notified to come to Concorde for a hearing to decide whether or not to suspend their license.

Underage Drivers Can Face a 20-Day Suspension for a First Conviction; the Suspension Length Escalates for Subsequent Convictions

The 16 year old with a driver’s license who’s fortunate to actually have a car gets stopped for speeding and doesn’t want to tell his parents. He sends the 100 dollars to DMV and just pays the fine.

He is then surprised that a month later he gets a notice indicating that he’s under age 20 and he has a speeding conviction, he is required come to Concorde in two weeks. He will need to show cause as to why his license should not be suspended for 20 days on the first offense because of being convicted underage.

They hearings last approximately five minutes where the underage driver tries to argue why they ought not to have their license suspended. The hearings officer has the power to hold this suspension in a bond, which basically means a suspended suspension.

Young people could lose their license 20 days with the first ticket, 25 days the second ticket, 90 days with the third ticket. The idea being is to teach the young people that it’s absolutely essential to comply with the motor vehicle laws. This is because they are in the age bracket that causes significantly more accidents than the more experienced drivers. Those hearings are somewhat interesting.