How do you win a hearing? The police may have erred in stopping your car, in suspecting you of drunk driving, or in advising you about the breath test. There may have been a problem in the testing. A lawyer with the relevant training, experience, and skill can review the forms identified above and evaluate whether any errors appear.
To request a hearing, find the DR-15A form that the police gave you. The form is actually two pages. The page with the words, “HEARING REQUEST COPY” appears in red. Follow the instructions on the back. Complete the form and send it with a check for $125 to the Office of Administrative Hearings.
Having a hearing will not create additional punishment. It will cost a bit of time and money, but the harm caused by a suspension of your license will likely outweigh the cost of trying to get your license returned to you or your suspension modified.
At the Hearing, the Administrative Law Judge begins by reviewing the documents presented by the MVA. The DR-15 shows that you were advised of your rights and the DR-15A identifies the police officer’s basis for requesting that you submit to the breath test. Without these two forms, the MVA has not established even the elements of its case against you. Although arguably unnecessary, the MVA should present the documents showing your breath test results, if the allegation pertains to your results.
Even if this evidence id presented, a defense may include arguments over the officer’s authority to seek the breath test, basis for the request, advice about the breath test, as well as the accuracy of the test or the equipment.