The Ins and Outs of an Admin Per Se Hearing
When it comes to driving under the influence (DUI) cases, one of the crucial aspects that often gets overlooked is the administrative hearing. These hearings, known as Admin Per Se (APS) hearings, play a significant role in determining the fate of an individual’s driving privileges. This article, courtesy of Tamou Law Group PLLC, aims to guide you through the complexities of an APS hearing, detailing the processes and what you can expect.
What is an Admin Per Se Hearing?
An Admin Per Se hearing is an administrative process separate from the criminal court system. When you’re arrested for a DUI, your license is typically suspended. You then have a brief period, usually ten days, to request an APS hearing to challenge this suspension.
Why is it Important?
An APS hearing gives you a chance to contest the license suspension, providing an opportunity to maintain your driving privileges while your criminal case is pending. It can be a crucial stage for anyone reliant on driving for work or daily life.
How to Request an APS Hearing?
Time is of the essence when requesting an APS hearing. It must typically be done within ten days of the DUI arrest. You or your attorney will need to contact the Department of Motor Vehicles (DMV) and follow the required procedure for your jurisdiction.
The Process of an APS Hearing
The hearing itself is somewhat like a mini-trial, but it is not held in a courtroom. Here’s a breakdown of what to expect:
- Preparation: Gathering evidence, consulting with an attorney, and building a strategy are crucial for a successful APS hearing.
- Hearing Officer: The hearing is overseen by an administrative hearing officer, not a judge. Their role is to consider the evidence and make a decision on your license suspension.
- Presenting Evidence: Both sides will present evidence. This might include police reports, witness testimony, or other documentation.
- Cross-Examination: There may be opportunities to question witnesses or the arresting officer.
- Decision: The hearing officer will make a decision on the suspension based on the evidence presented.
Representation in an APS Hearing
While you have the right to represent yourself in an APS hearing, having legal representation can significantly enhance your chances of success. Experienced attorneys know how to navigate the system, present evidence, and build a persuasive case.
Arizona Revised Statues
In the context of Arizona, which aligns with the provided contact number’s area code, you might consider referring to Arizona Revised Statutes (ARS) § 28-1321. This statute covers the suspension and removal of driving privileges related to DUI offenses, including the procedures for requesting and conducting an Admin Per Se hearing.
Make sure to consult with a legal professional in your jurisdiction or refer to the latest version of your state’s statutes to ensure you are working with the most current and applicable laws.
Conclusion
Navigating an Admin Per Se hearing can be an overwhelming experience, especially when dealing with the stress of a DUI charge. Understanding the in’s and out’s of this process can give you a vital edge in maintaining your driving privileges.
If you need assistance with an APS hearing or any other legal matters related to DUI, don’t hesitate to contact Tamou Law Group PLLC at 623-321-4699. Our experienced team is ready to guide you through this complex process and provide the representation you need to achieve the best possible outcome.
