Should You Retain An Attorney for the Administrative Hearing?

Interviewer: Is it advisable for people to try to handle this administrative hearing on their own? Or is it always advisable to have an attorney? Are there times that you able to help people prevail at these hearings?

It Would Be Almost Impossible for a Layperson to Prevail During the Administrative Hearing

Court: During the hearing, to be perfectly honest, it is very difficult to prevail. Generally, it’s a low standard that the police have to meet. They just have to have a reasonable suspicion. Unless they’re doing something really wrong, usually they can meet that standard.

Second of all, the Driver’s License Division is just in general reluctant to not suspend your license for that type of charge. They’re not necessarily on your side. If you didn’t have training in the areas of DUI defense, it would literally be almost impossible for you to know what questions to ask to test the officer to make sure he did his job the right way.

Then there’s also all of the timing, on the administrative side that you need to know. There are deadlines that need to be met, and there are certain documents that you might need to submit and certain documents that you might need to review.

If you’re not an attorney, you’re not going to be familiar with those aspects and you’re not going to know how to proceed, basically. It would be really, really difficult for someone who didn’t have legal training to represent themselves at one of the hearings.

By Court Koehler

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