How Do I Request a PA DMV Hearing?
You’ve been arrested for a Pennsylvania DUI. Not only must you prepare for your upcoming trial; now, you have to worry about the automatic revocation notice you received at the time of your arrest.
How can they revoke my license for an entire year before I’ve even been convicted? You ask… They can. And they will! Unless you request a DMV hearing.
Unfortunately, requesting a DMV hearing is more complicated than it seems. It is paramount that you contact an experienced Pennsylvania DUI attorney right away, as there may be steps that your lawyer can take to avoid the need for a DMV hearing.
Furthermore, if you have already received your Pennsylvania Department of Transport notice advising your that your license is being suspended for a violation or 1547, he can ensure your request for a DMV hearing is properly filed.
If you have received a notification from the PENNDOT that your driver’s license is being suspended, you have 30 days to request a DMV hearing. If you request a DMV hearing within that time frame, your license suspension will not yet take effect.
If you fail to request a DMV hearing within the allotted time frame you will lose your license for 12 months.
Your trial will not affect this revocation. Even if you’re found not guilty by the court, your license will be suspended for a year unless you request a DMV hearing. At the hearing, the hearing official will determine whether or not you are allowed to keep your license.
Okay, you’re thinking. That’s easy. All I have to do is request a hearing within the 10 day time frame, and I get to keep my license.
Actually, it’s not that simple.
At the hearing, the DMV official will be concerned only with whether the arresting officer had a legal right to stop you, a legal right to arrest you, and whether the chemical test you were given is reliable enough to suspend your license.
This hearing is considered administrative not criminal, and therefore you are not given representation. If you wish to be represented by counsel, you must bring your own DUI attorney.
Hire a DUI attorney to handle your request. There are numerous details that must be handled during the request and a limited time frame in which to accomplish everything.
You do not want to lose your license for an entire year because you made an error on your requesting papers, or because you were unable to represent yourself adequately during the hearing.
However, if you choose to proceed through the hearing without counsel, the following is a list of required items for your request:
- Your request for a DMV hearing must be made in writing.
- Your request letter must include:
- your name,
- driver’s license number,
- date of birth,
- current mailing address,
- daytime phone number, and
- address where documents and pleadings are to be mailed.
- Enclose along with your letter a statement of facts highlighting the aspects of your case.
- This statement should include the reason(s) behind your request to keep your license.
- Enclose a list of specific issues relating to your claim including what precedents your claim is based on, and the desired outcome of your request.
- Enclose a copy of the revocation letter given to you by the arresting officer.
- Enclose a check or money order for the $100 filing fee.
As shown above, there are many requirements that must be included in your request for a DMV hearing. To ensure your request is drawn up correctly within the allotted time frame, allow a DUI attorney to draft it for you.
FREE PA DUI Case Evaluation
Don’t risk losing your license for a year over a filing error, or an inability represent yourself at your hearing! hire a competent DUI attorney to handle your DMV hearing request for you.
Call our offices today at 215-822-1888 for your free consultation and find out how we can save your license!
Serving the Boroughs and Townships of Bucks County:
Bedminster, Bensalem, Bridgeton, Bristol, Buckingham, Chalfont, Doylestown, Dublin, Durham, East Rockhill,Falls, Haycock,Hilltown, Hulmeville, Ivyland, Langhorne,Langhorne Manor, Lower Makefield, Lower Southampton, Middletown,Milford, Morrisville, New Britain, New Hope, Newtown, Nockamixon, Northampton, Penndel, Perkasie, Plumstead Township Quakertown, Richland, Richlandtown, Riegelsville, Sellersville, Silverdale, Solebury, Springfield,Telford, Tinicum,Trumbauersville, Tullytown, Upper Makefield, Upper Southampton, Warminster, Warrington, Warwick, West Rockhill, Wrightstown, Yardley |
PA DUI -Bucks, Montgomery, Northampton, Lehigh County
Margiotti & Mittman, Attorneys at Law
593 Bethlehem Pike
Montgomeryville, PA 18936-9709, US
E-mail:margiottilaw@verizon.net
For a free, no-obligation PA DUI consultation call, 215-822-1888
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