What is a Nevada Department of Motor Vehicles (DMV) Administrative Hearing
If you’ve had your driver’s license revoked or suspended by the Nevada DMV, due to a DUI or other reason, you can appeal the revocation to a DMV Administrative court, through the DMV Office of Administrative Hearings. During a DUI arrest, the police probably required you to surrender your license and issued a paper temporary license good for 7 days. The DMV can also revoke your driving privileges for other reasons, such as failure to carry adequate insurance coverage, or due to an accumulation of points on your record. Even if you’ve been denied a personalized license plate or had such a plate recalled, you can request a hearing on the matter with this office.
Administrative Court is neither Criminal nor Civil
An administrative court is not classified under the statutes as either a Criminal nor a Civil court, but rather, provides for judicial review of administrative decisions by government agencies. In the DMV’s case administrative decisions have to do with License Suspensions or Revocations of all types, and Personalized License Plate denials or recalls.
Administrative Courts are operated just like other courts: presided over by an Administrative Law Judge (ALJ), and where subpoenas may be issued for evidence or witnesses, and witnesses can be called to testify and be cross examined under oath. You may represent yourself at an Administrative Court hearing, or have an attorney represent you. The decisions of the court are final and immediately binding, but are open to appeal to State District Courts, and ultimately the State Supreme Court.
The standard for a decision for Administrative Courts is on the “preponderance of the evidence,” rather than a criminal court standard or “beyond a reasonable doubt.” This can make it harder to win against the state in these types of trails. On the other hand, if your hearing is related to a DUI, and the police fail to show up at the hearing due to conflicts or other reasons, you may win the right to keep your license until your criminal trial concludes, due to lack of evidence from the state.
The jurisdiction of these courts is limited only to reviewing decisions of the DMV, such as issuing and suspensions of licenses. Decisions of this court are separate from and have no effect on criminal or civil proceedings, even if the cases are related. In the case of a DUI, winning the Administrative Hearing will not have any effect your criminal charges, however, the cross examination of the police officer at the Administrative Hearing may be introduced as evidence in your criminal trial. This is why it’s important that you have a lawyer represent you in such cases, since he will have the skills and knowledge to properly cross examine the arresting officer.
There is no cost to hold a DMV Administrative Hearing.
The Defenders will represent you at a DMV Administrative Hearing
If you’ve been arrested for a DUI, you should hire an attorney to represent you immediately. In order to preserve your driving privileges an Administrative Hearing must be scheduled within 7 days. Having an attorney represent you at the Administrative Hearing is an important step towards developing a defense for your criminal DUI charges, whether you win the Administrative Hearing or not. As DUI convictions can have lifelong effects on your ability to earn a livelihood, if you have been arresting for a DUI call our office today to discuss your case at (702) 333-3333.
Resources:
http://www.dmvnv.com/pdfforms/qtdui.pdf
