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DUI Defense The MVD Hearing
DUI Defense The MVD Hearing | The Motor Vehicle Department Hearing (MVD): Arizona MVD Attorneys |
Assuming that you have requested a MVD hearing within the specified
time period, the MVD must then present evidence proving that they are
entitled to suspend your license. If you request the hearing, you are
entitled to have the suspension "stayed", which means putting off the
suspension until after the results of your hearing.The MVD is a civil administrative proceeding, and different rules apply to it than to the court proceeding. At the MVD the hearing officer is both the prosecutor and the judge at the same time. Therefore, the deck is stacked against you. That is why it is important to have a lawyer who understands the MVD process and fights regularly at MVD hearings. Many of our clients find that the MVD portion of their case is extraordinarily important. Many clients simply cannot afford to have a suspension of their driver's license. Winning the MVD can be the most important part of their case. This is especially true of second offense or refusal cases. Many times we will utilize the MVD hearing to cross examine the police officer. That way we can lock the police officer into a story at the MVD, that he will be hard pressed to explain away or change at a later date. That gives us ammunition to use with the government in the companion court case. I was drinking, and they caught me. Why don't I just plead guilty to get the least possible sentence? There is a difference between innocent and not guilty. In our justice system a criminal defendant has the constitutional presumption of innocence. That means that the prosecution has the burden of proving guilt beyond a reasonable doubt. If the prosecution fails in that burden, then the defendant is entitled to a verdict of not guilty. If you just plead guilty without fighting the charges, one thing is certain; you will be convicted as charged. On the other hand, if you fight the charges, and force the prosecution to meet its burden and prove the charges against you are true, then you may be acquitted. You are entitled to a jury trial. You are entitled to have the prosecution prove its case against you. Many times they cannot do that. Many times they make mistakes, the officers shade the truth, witnesses are bad, evidence is lost or not properly presented. Many times we can make motions in court to limit the admissibility of the prosecution's evidence, limiting what they can use against you. There are many, many opportunities to fight and win a DUI case. Our firm accepts clients that want to fight the case and try to win. Do I need to hire a lawyer? 
Choosing the right Arizona DUI lawyer is one of the most important
decisions you can make at this time. You need to choose a lawyer who is
experienced with DUI defense. While a general practitioner may have
some criminal defense experience, they cannot possibly know even the
basics of Arizona DUI defense. If they do not actively practice DUI
defense, then they cannot keep up with the law changes, the scientific
issues, maintain the current manuals for the Police Agencies, Arizona
police departments, Breath Machines, and of course they will not be
continually updating their skills at Arizona DUI defense.We are a criminal defense firm, devoting the majority of our practice to the defense of people arrested for DUI. We spend considerable resources keeping up to date on the latest DUI issues, attending seminars, sharpening skills, mastering the details, keeping abreast of the changes in the law. You need a law firm that has a reputation for taking cases to trial. It does not do you much good to obtain a lawyer, only to plead to a DUI after the first couple of appearances. Blood Alcohol Charts (BAC) |
