Once your licence is confiscated, you only have a very short time to request an Administrative Revocation of Licence (ALR) hearing from the Ministère de la Sécurité publique. An ALR hearing is separate and different from any criminal charge you face. The ALR only deals with the fate of your license. Testimony: Prior to your ALR hearing, Doug Murphy will have formally requested all relevant evidence regarding your case, including officials` notes, video footage and statements. The police officer who stopped you at the scene may be present at your hearing. If the officer is present, your lawyer has the opportunity to cross-examine them as a witness. The officer must defend and/or explain any discrepancies and problems discovered during the review of the evidence. If you are facing a Texas driver`s license suspension, it is possible to deny your ALR hearing as long as your attorney is able to challenge the evidence. To do this, you need to hire a tested DWI lawyer. DPS has the upper hand in these cases. They have a low burden of proof – much lower than evidence that is beyond a reasonable doubt.
Note that in most cases, they don`t have to prove you were intoxicated. In fact, here`s a breakdown of the number of ALR hearings DPS won in Texas in 2015: You have the option to have your ALR hearing in person or over the phone. If you choose to hold your hearing by phone, you will need to be creative in your strategy, as the DPS will be able to review the evidence without a living witness. If you have your DVM hearing in person, you have the right to summon the arresting officer. More on this below. Defence arguments: Your lawyer`s job is to prove to the judge that your licence should not be suspended. This argument may succeed by proving that (a) your rights have been violated or (b) the chemical test results are invalid. Doug Murphy will thoroughly investigate your alleged DWI and determine the best strategies for your ALR audience. These may include: Once you have been arrested for DWI, you must obtain legal representation from Fort Worth DUI`s attorney. You only have fifteen days to schedule your ALR hearing. This hearing is separate from your DWI criminal case, and even if your DWI charge is dismissed, you can still have your licence suspended if you do not challenge the suspension at an ALR hearing.
These 15 days reflect the time the driver has to request an ALR hearing. The Texas Department of Public Safety (DPS) provides an online form for parties to request these hearings. The form requires information about driver`s licence number, full name, date of birth, email address, mailing address, telephone number, date of arrest, district of arrest, name of officer, agency of officer, and whether or not the driver refused the alcohol test. Here`s what you can expect during your ALR hearing: Alternatively, it`s a way to challenge the procedure immediately before a breath or blood test. At these hearings, a lawyer may work to interview the police officers who stopped traffic and asked you to conduct standardized field sobriety tests. It is also an opportunity to question the procedure immediately before the test to measure your blood alcohol level (BAC). Contact Blass Law`s legal team today. We can help you better understand the concept of an ALR hearing and how it can protect your right to drive after an arrest for impaired driving. We can also take the initiative to request these hearings and represent your interests in court. If you have a personal interview, you can summon the officer who arrested you. If the official does not show up, you usually win directly. You will need legal representation from Fort Worth DUI defense attorney to protect your lifestyle.
We can also help you file an ALR hearing to do your best and avoid this disruption to your lifestyle. We can schedule a hearing and prepare the necessary evidence while you focus on other issues in your life.
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