What is a DMV Hearing?
If your Colorado driver’s license has recently been suspended, revoked, denied, or canceled, it is critical to act as soon as possible with help from a Colorado criminal defense lawyer to try to have your license reinstated. Driver’s licenses can be suspended, revoked, denied, and canceled for various reasons, including conviction for an alcohol-related driving offense that may include a DUI or a DWAI. If an action is taken against your driver’s license, you may be able to contest the action with assistance from a Denver criminal defense lawyer through a DMV hearing. What is a DMV hearing? Our Denver defense attorneys can provide you with more information.
Understanding the Definitions
Before you begin preparing for a DMV hearing and learning more about what to expect, it is essential to have a clear understanding of what action has been taken against your Colorado driver’s license. The different terms that are used can seem similar, so it is important to be clear about what specific action you will be contesting in your DMV hearing. The Colorado Department of Revenue clarifies the following definitions:
- Suspension: Temporary loss of your driving privileges, but your license is not voided, and it can be reissued upon reinstatement;
- Revocation: Invalidation of your driver’s license with a mandatory restraint on your driving privileges, which means the license cannot be reissued (but it may be possible to receive a new license after you re-test and have your driving privileges reinstated);
- Cancellation: Invalidation or voiding of a Colorado driver’s license, but not involving a mandatory restraint on driving privileges; and
- Denial: Restraint action against driving privileges when there is no valid Colorado driver’s license at the time of the restraint action.
Requesting a DMV Hearing
If any of the above actions are taken against your Colorado driver’s license as a result of a court conviction, DMV notice, or other legal action, then you may be able to request a DMV hearing to contest the action taken against your driver’s license. It is important to know that you must request the hearing if you want to initiate this appeals process that is available.
DMV hearings are often complex and require the presentation of evidence to support your argument, so it is essential to have an experienced criminal defense attorney on your side. While the hearing will be administrative in nature (i.e., it will not be in a criminal court), you will need help from a lawyer with experience handling these hearings. If you lose your case at your DMV hearing, or if you have already lost and need help appealing further, you may have additional options that can include judicial review. A criminal defense lawyer in Denver can assist you.
Contact Our Denver Criminal Defense Attorneys
Did you receive a notice from the DMV that action is being taken against your driver’s license? You may be able to successfully appeal and have your driver’s license and/or driving privileges reinstated. You should contact an experienced Denver criminal defense attorney at DeChant Law today to discuss your case and to begin preparing for a DMV hearing or other appeals process.
Sources:
dmv.colorado.gov/revocation-suspension-denial-and-cancellation-definitions
cdor.colorado.gov/hearings-homepage/motor-vehicle-hearings
