QUESTION
Can he use a documented Attention Deficit Hyperactivity Disorder for missing his DMV hearing and have another scheduled?
Asked on Aug 27th, 2012 on Criminal Law - Florida
More details to this question:
My son thought his Department of Motor Vehicles hearing was 25th August when in fact it should be the 23rd of August. Letter came in the mail and he lost his license for one year for underage alcohol of .03. He is 20.
14 ANSWERS
Maybe.
Answered on May 29th, 2013 at 10:27 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Maybe he should request another hearing.
Answered on Sep 03rd, 2012 at 11:48 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You could request a new hearing, but I don't know if they will give a 2nd hearing.
Answered on Sep 03rd, 2012 at 12:28 PM
Michael J. Breczinski
Possibily but not likely.
Answered on Sep 03rd, 2012 at 12:15 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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He can try by filing an appeal of the default loss, on that basis. Even if successful in getting a hearing rescheduled, he still must meet the burden of proof necessary to win the hearing. Go on the DMV website and learn the issues and procedures for those hearings, or hire an attorney to help.
Answered on Sep 03rd, 2012 at 12:14 PM
Dennis P. Mikko
He could ask for a re-hearing citing the reasons why he missed the first one. It would be up to the Secretary of State as whether they would grant his request.
Answered on Aug 31st, 2012 at 11:20 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You can certainly try to request another hearing, but no guarantee. DMV suspension hearings are difficult to win because they are civil in nature. Such being the case the burden of proof is much less than a criminal case. All they need to show prove is: your son was driving a car on the night in question that he operated the vehicle while under the influence that he had a BAC of .02 or greater. If they are suspending your son for one year, then this must be his SECOND administrative action, otherwise the suspension should only be for 90 days.
Answered on Aug 31st, 2012 at 9:53 PM
You can try. It's up to them. No son . . . no license.
Answered on Aug 31st, 2012 at 9:44 PM
Leonard A. Kaanta
He can ask for another hearing, but it may not be granted.
Answered on Aug 31st, 2012 at 9:31 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You have to make an appeal and to do so would require retaining counsel which would be costly.
Answered on Aug 31st, 2012 at 2:44 PM
1 Award
You might be able to get a new hearing, but the driver's license division wouldn't be required to give one. It's a long shot, but it might be worth a try.
Answered on Aug 30th, 2012 at 11:12 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Yes. You can try to get a re-hearing based on mistake.
Answered on Aug 30th, 2012 at 10:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The worst they can respond is no, get and attorney and give it a try.
Answered on Aug 30th, 2012 at 10:24 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Get an attorney, you may be able to move for a rehearing.
Answered on Aug 29th, 2012 at 10:35 AM