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What Happens During The MVA Hearing?

The Law Office Phillips & Allen PA Nov. 20, 2022

This is a hearing to decide what, if anything, the motor vehicle department would do with the person’s driver’s license. An attorney would certainly be able to raise certain defenses if there were flaws in the paperwork. The general strategy would be for the attorney to raise any mistakes and then move for no action.

Generally, the MVA would then subpoena the police officer to get their side of the story. The first hearing the MVA would proceed on paper if they had to bring the police officer in when the attorney challenged things. Far more often than not, the police officer would decide to not spend a chunk of his day driving to the MVA hearing, and in case the police officer did not show up, the case would end up getting kicked out or dismissed.

Can A Public Defender Defend A Client In A Civil Administrative Hearing?

A public defender would not be able to help with the MVA hearing because it would be a civil proceeding and the public defenders are not able to represent someone for that. For many people, the MVA hearing and their license would have a greater impact on their day-to-day lives than the criminal case ultimately would, especially in a first offense, which is another reason it would be important to have a private attorney in a drunk-driving case.

What Is The Interlock System?

This refers to the “Blow and Go” system, where a machine would be installed in the vehicle and the driver would have to blow into the little tube so that it could test for alcohol every time the person started their car. It would usually randomly check while the person was driving and it would signal for the person to blow into it, so that it could shut down the car if it detected alcohol.

What Would Typically Happen To The Person’s Driver’s License?

There would basically be three options. One option is that the person could get a restricted license to drive for work, alcohol classes and schooling. In order to get that restricted license, the person would have to have taken the test and blown less than .15. They would have to go to the MVA hearing and argue to the administrative law judge in order to get the restricted license.

This is generally a huge help to most people which is why it is something we always have an eye to get for them. If the person refused a test, they would lose their license and their only option would be the alcohol interlock system for a year. They would lose their license if they blew over .15, and their only option would be the alcohol interlock system, which they would have to have for a year.

For more information on MVA Hearing And Interlock Device, a free initial consultation is your next best step. Get the information and legal answers you are seeking talk Arnold F. Phillips by calling today.