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UPDATE for challenging DUI

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What is the name of your state? Arizona
Just to let you all know since you crucified me all over the last thread**************.the DMV has OVERTURNED my license suspension and reinstated it based on "Order of Suspension is NOT supported by competent and credible evidence and, therefore, the State's burden of proof has not been met. According the Order Of Suspension is VOIDED"

:p

And it's signed by a judge who has reviewed the charges/ arrest procedure....
 


CdwJava

Senior Member
Keep in mind that if the matter goes to trial, you can still lose your license if found guilty.

In my state (and I believe in AZ) the DMV hearing must show that there was legitimate grounds for the stop, there was good cause to believe the person was DUI, and that a good test was obtained with the results being - or expected to be - .08+.

- Carl
 
;)
I know, same rules apply to Az..... but really, If I got my license reinstated based on a judges review of all the materials presented by the arresting officer..... doesnt that say something? DMV's (especially Az) is a very diffcult place to get any kind of judgement in your favor! They usually are very hard core in standing behind the per se automatic suspensions regarding DUI's. It was reviewed and signed by an administrative law judge :D
I know that does not disregard my court appearance and I still have a long road ahead of me, but I think overturning the suspension based on the officers report and "evidence" being not being "competent and credible" **************...it says alot on my behalf, and I know it isnt just luck!:eek:
 

BigMistakeFl

Senior Member
BigMistakeFl

Perhaps this is my ignorance showing, but in my state, no judge is part of the DMV hearings. The person who hears your "case" at the DMV side is just a clerk with some tenure at the DMV. A bona fide judge will be involved in the court side of your case, which is completely different.

I do think, however, that your lawyer could present this turnover from the DMV to the prosecution and try to compel them to drop the charges or agree to something less.
 
Last edited:

seven53

Member
okay, if you say so, but I think the Department of Transportation might not agree with you.


http://en.wikipedia.org/wiki/Administrative_law_judge


www.wikipedia.org

You should avoid Wikipedia and instead read Arizona's definition


WHAT IS AN ADMINISTRATIVE LAW JUDGE (ALJ)?

The Administrative Law Judge (ALJ) is not part of a court. The ALJ is an employee of the Office of Administrative Hearings and not an employee of the regulating agency which has initiated the action or from whose action or inaction you have appealed. You may view a biography and a picture of the assigned ALJ here. The ALJ will decide facts, apply law, and make recommendations to the regulating agency. Normally, it will be the regulating agency, and not the ALJ, who will make the final decision in your case. There are exceptions where the ALJ makes the final decision. In most cases, if the agency does not act within 30 days of receiving the recommendation of the ALJ, the ALJ's recommendation will become final. In some cases, the board or commission may only have 5 days to take action after a meeting.
The ALJ of the Office of Administrative Hearings is charged with making sure that you have had a fair, impartial, and independent opportunity to be heard before an agency acts. The function of the ALJ can best be summed up by our Mission Statement:

"We will contribute to the quality of life of the State of Arizona by fairly and impartially hearing the contested matters of our fellow citizens arising out of State regulation."

http://www.azoah.com/
 
:eek: ahhhhh- thanks for pointing that out. I was hoping it would be a beneficial point to my case. Im not going to get down about it though because It was in my favor and I can continue to drive and work,which is more important to me than who made the decision and signed it- BUT it is good to know that specific info! Especially since I have no attorney or legal counsel. :(
 

BigMistakeFl

Senior Member
BigMistakeFl

This is just what I'd figured. Same is true in my state; just a clerk with some time behind the DMV desk.

You could still present it to the DA through an attorney and try to compel them to drop the charge or reduce it.
 

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