Before someone even chooses whether or not to blow on the Breathalyzer machine, they’ll be asked to sign an Advice of Rights form,which explains the consequences; unfortunately, people too often do not read what they sign. They are usually given these papers to take with them, and they still haven’t read them by the time they come to my office several days later.
The DMV has no sympathy for the person if they fail torequest the hearing on time,and they won’tentertain the person’s request for a hearing, which means their license will be taken away. Someone who requests the hearingand goes to the DMV to contest the suspension usually will have their suspension dismissed, in part because, in my experience, police officers do not show up atthe hearings more than 50% of the time, andthe arresting officeris required to show up to present evidence for the person to be suspended.
Keeping your license is sometimes as simple as requesting the hearing and going to court, but even if the officer did show up, the attorney cancross-examine the officer and get important information about the case before going to criminal court.
What Can You Do To Help Them Get Back On The Road?
A District of Columbia resident arrested for DUI in the District of Columbia has 10 days to request a hearing at the DMV to contest the suspension or revocation of their license; if they live outside the District, they have 15 days to request the hearing. We always request the hearing and sometimes the defendant does not have to go to the hearing; the lawyer can go without them. That’s why it’simportant to hire a lawyer immediately after yourarrest, because there is a very small window of time to request the hearing.
What Diversion Programs Could Be Available To Someone Trying To Avoid Jail?
The District of Columbia does not have the United States Attorney’s Office, it has the Office of the Attorney General of the District of Columbia, which offers diversion programs for certain first time DUI offences, although they only apply to people who blew on the Breathalyzer machine.Someone who refused to blowwill not beofferedany diversions, although standards change based on the politics of the office.
Currently, a person who blew under a 0.10, meaning a 0.06, 0.07, 0.08 or 0.09 and it was their first offence with no other aggravating circumstances, such as an accident and/or injury, will probably be offered a deferred sentencing agreement.
What Is Deferred Sentencing?
A deferred sentencing agreement is an alternative program in which a personpleads guilty and they are sent to finish alcohol classes and whatever else the court wants the person to do, such ascommunity service. They can place whatever conditions they want on the person, and once those conditions aresuccessfully completed and no new charges are brought, they cango back to court and actually withdraw the guilty plea and have the charge dismissed. In this case, there would be no conviction on the person’s record.
For more information on Diversion Programs, please call (202) 770-8006 today to schedule a free initial consultation. Get the information and legal answers you’re seeking.