What Is The Procedure For Secretary Of State Reinstatement Hearing?
In order to obtain a formal hearing, you must make a written request to the Secretary of State. About 14 days after you make your request, the Secretary of State will mail you a hearing notice, advising you of the time and date of your hearing.
The Secretary of State must give you a hearing date that is no more than 90 days beyond the date of your request. Fortunately, the hearings are usually set approximately 6 weeks out.
A hearing officer is assigned to hear your case and to summarize, in a written report, your testimony and your documents. You will not receive a decision the day of your hearing; it may take as long as 90 days for the report to be prepared and mailed to you, although most decisions arrive within about 4 to 8 weeks from the day of the hearing.
If the decision is a denial, the report explains the reasons for the denial. The report will instruct you to resolve the issues that formed the basis of the denial.
The report becomes part of the record at the next hearing. If, at the next, hearing, you fail to address the issues that were mentioned in the denial order, the Secretary of State will deny you again. You can only have a formal hearing once every 3 months, so every denial sets you that much further back in time.
If a lawyer does not represent you, you can expect the Secretary of State’s attorney to ask you a minimum of 80 to 100 questions, and the hearing officer will also question you. You must be prepared to answer detailed questions about your past, including particular information concerning all your DUI arrests and regarding both your current and past alcohol and drug use.
You will be questioned at length concerning the information contained in the paperwork from your evaluator. Keep in mind that the Secretary of State has heard every story there is to tell.
As a result, the hearing officer and the Secretary of State’s lawyer will view you as just another person trying to take an easy ride through the system. When you come into the hearing with a knowledgeable driver’s license lawyer they see all the time, they realize you are serious about the task at hand.
Not to mention that instead of it being you, who knows nothing about the law or this process, up against an experienced Secretary of State lawyer and hearing officer, you have someone on your side. The odds will no longer be stacked against you.
What Is The Difference Between Formal And Informal Hearings?
There are two types of hearings, informal and formal. If you have only had one DUI arrest, you may have an informal or a formal hearing. If you have had two or more DUI arrests, you are usually required to have a formal hearing.
Informal hearings are held on a first come, first served basis. No previous appointment is necessary. Only the informal hearing officer and you (or you and I if you hire me) are present at the informal hearing. Informal hearings are not recorded, and the decision is explained in a short letter.
If you are denied at an informal hearing, you can have another hearing 30 days after the previous one. However, you have no right to appeal the decision reached at an informal hearing.
In order to have a formal hearing, someone must make a written request to the Secretary of State. In response, the Secretary of State will provide written notice of the date and time of the hearing, usually about 6 weeks after the request was submitted.
Formal hearings are tape-recorded, and the decision comes in the form of a detailed order that is several pages in length. Besides the hearing officer, you and me, a lawyer for the Secretary of State will also be in the hearing room.
You have the right to appeal a formal hearing decision to the circuit court. You are entitled to have a formal hearing once every 3 months.
At times, even though someone is eligible for an informal hearing, I will recommend that he attend a formal hearing. If I make that recommendation, it is usually because the case is complicated in some manner.
For more information on Secretary Of State DMV Hearing Procedure, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 623-2424 today.
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