If the Department of Motor Vehicles (DMV) recently suspended your license in Georgia, you might have a chance to get it back during a DMV hearing. This could be a high-stakes scenario, and your driving privileges may depend on the outcome of the hearing. But what actually happens during a DMV hearing? Is it the same as a trial? Can you present evidence during the hearing? Perhaps most importantly, can a traffic ticket lawyer in Georgia help in this situation?
Understanding Administrative Suspension Hearings (ALSs) in Georgia
The correct term for a DMV hearing in Georgia is an “administrative suspension hearing” (ALS). However, this type of hearing specifically applies to DUI-related license suspensions. More specifically, you will face an administrative license suspension if you refuse to submit to a chemical test or “fail” your chemical test with a BAC of over 0.08.
If your suspension is not related to a DUI, you can also attend a hearing and attempt to get your license back. However, the hearing process in this context is different, and you will have to plead “not guilty” to the underlying offense in order to trigger a court hearing. For example, you might have accumulated too many points on your license. If this is the case, you would contest the most recent ticket that pushed you over the maximum points threshold.
You Are Allowed to Present Evidence During DMV Hearings in Georgia
Yes, you can submit evidence during a DMV hearing in Georgia. Thanks to the Constitution, you are guaranteed a “fair trial” when accused of breaking the law. In other words, your ALS hearing or court hearing should follow all the same basic rules that normally apply during trials. You can also call upon witnesses and cross-examine witnesses called upon by the state.
What Kind of Evidence Might Be Useful During a DMV Hearing in Georgia?
The most appropriate evidence depends on your unique situation, and your lawyer may be able to recommend potential strategies during an initial consultation. If you are facing a license suspension based on a chemical test refusal, you might present evidence that suggests your traffic stop was not legal in the first place. If the police had no right to pull you over or give you a chemical test, you might have been justified in refusing. Other evidence might include receipts, text messages, traffic surveillance footage, and much more.
Can a Georgia Traffic Ticket Lawyer Help Me?
A traffic ticket lawyer in Georgia may be able to help you prepare for and navigate a DMV hearing. Although this might seem like a daunting process, you can approach it confidently alongside your attorney. Legal assistance in this scenario may help you keep your license and your driving privileges. You may be able to present evidence during the hearing, and your lawyer can help you do so in a compelling, convincing manner. Contact Lankford & Moore Law today for further guidance.
