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PaintKing

Junior Member
What is the name of your state (only U.S. law)? KS

HI all, I've been doing some reading and just want to see if I have this right. My lawyer has already sent the paperwork off.... But, I read somewhere that if you do not request a hearing within 10 days after your arrest then your license is automatically suspended. I know I still will have to go to court for the criminal part but, if you know you are most likely going to lose the civil part would it be best to just cancel the civil court and start the suspension of the license now? I'm just thinking the sooner I can start the sooner it will be over. Let me know what you guys think.

Thanks,

Kyle
 


BigMistakeFl

Senior Member
It's probably a matter of opinion. Having been through it, I would not have bothered with the DMV hearing, if I had it to do over again. If you have a strong case and feel that you will prevail on the court side, it's good to do the hearing. Another good thing is that you and your attorney get an advance look at what the prosecution has so far against you.

In my case though and my opinion, it only delayed the inevitable. In my state, you must do 90 days' "hard suspension". That means you may not apply for a restricted work related license until you have completed the 90 days. Asking for the DMV hearing got me a temporary license back immediately, the hearing took place about 45 days later. Naturally I lost the DMV hearing and so the 90 day clock started ticking then. Had I not asked for the hearing, I would have been halfway through the hard suspension.
 

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