When your license is suspended for 24 hours under an operating under the influence offense, the motor vehicle department receives a report from the arresting officer.
That report is going to include a chemical reading. If your reading exceeds the threshold under the statute and it varies depending on age, whether you’re 21 or older or younger, but if it exceeds the threshold, a hearing will be an option for you when you receive a notice of suspension. That notice is going to say as a result of failing a chemical test, you license is being suspended 30 days after the date of arrest. The notice will also tell you of your right to request a hearing within a very limited time so acting quickly is necessary. That notice will tell you of your right to ask a hearing and that hearing will be a mini-hearing, a limited hearing typically lasting anywhere from 10-20 minutes.
The scope of the hearing is limited as well. Typically, the state prevails in those matters. In fact, more often than even criminal courts because of the abbreviated nature of the hearing. So it’s crucial to get an attorney such as the Law Offices of Marc Needelman, to assist you in looking for weaknesses in the state’s case whether it’s paperwork which wasn’t completed properly, whether there is a technicality, whether or not there are situations or facts which need to be brought to the hearing officers’ attention such as an existing medical condition which may have impacted and caused the officer to draw certain conclusions which aren’t correct. So, we know what to look for. We know where the T’s must be crossed, the I’s must be dotted and how the best help you avoid this sanction of an automatic suspension.