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Lawyer’s Tactics to Save Driver’s License at DMV Hearing

October 3, 2013

Lawyer’s Tactics to Save Driver’s License at DMV HearingAfter being arrested for driving under the influence, the next scenario to expect is either plea bargaining negotiation by the accused with the prosecution or trying to lower the sentence through DUI Lawyer in Tampa in the course of legal proceeding. It could take a longer time to settle and the defendant may suffer from commuting from home to work and vice versa as the driver’s license in this case is suspended or revoked by the Department of Motor Vehicle (DMV) or upon the order of the court. Saving this privilege is thus critical for the accused not to go through this consequence and that, apparently, is possible by hiring a competent defense attorney to ensure victory in DMV Hearing. What you ought to know about this process is that a lawyer could initiate the following tactics to save your driver’s license:

Wise Selection of Hearing Officer

The foremost consideration of a defense lawyer for a successful DMV hearing is choosing the right hearing officer given the responsibility of this person in deciding the case. For this reason, it would not favorable to contact the department or set the hearing yourself given the possibility of getting a wrong officer. This could possibly happen as the department could just assign a hearing officer to the case regardless of whether or not s/he is fairer than others. As such, the best recourse is working with a competent DUI attorney who has already handled a number of administrative hearings; the lawyer here particularly knows the hearing officers to avoid and who to prefer.

Taking the Right Kind of Hearing

Favorable outcome in the DMV hearing could also be ensured when the right kind of hearing is selected. There are particularly two types of administrative hearing: (1) in person or in front of actual hearing officer at the designated location and (2) by telephone. Each of these, of course, has pros and cons and knowing them beforehand are crucial to decide together with Tampa DUI Lawyer which to take.

Comprehensive Examination of Police Report

By examining or reviewing the police report, the defense attorney could possibly discover the material inaccuracies or inconsistencies thereon. Those defects may take the form of different dates and times of criminal investigation especially during traffic stop and arrest. One instance is when the report states that the driving was observed at 1.00 PM, but the arrest was made at 1.35 PM; this discrepancy could cast doubt on the credibility of the officer and can be favorable to the DUI Lawyers in Tampa.

Attacking the Weaknesses of Chemical Tests

Each chemical examination administered by the police comes with weaknesses which can be attacked by the defense during the DMV hearing. For instance, it could be contended that the breath tests are less reliable than the blood examinations given that they are indirect measurements of alcohol level in the blood and may be affected by certain factors. Likewise, when the blood samples are improperly taken, the reliability of BAC reading could also be utilized to trigger doubt among juries and/or the judge.

Reviewing the Facts of the Case

Whatever facts are included in filing the DUI charge by the prosecution ought to be reviewed by the defense to ascertain defects or inconsistencies. In particular, the observations that led to DUI suspicion and the instances that have established probable cause need to be scrutinized as the prosecution could not proceed with the case without these elements. Further, by closer examination, the defense lawyer here could predicate tenable arguments to undermine the stand of the prosecution.

Though license suspension or revocation is really a serious consequence to worry about, you can still avoid suffering such by winning at the DMV hearing with the aforementioned tactics of competent Tampa DUI Lawyers.

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