What are Zero Tolerance Hearings?
Depending on the action taken by the police officer, you may not have any criminal charges pending; however, you do still have a battle remaining with the DMV. The solution is a Zero Tolerance Hearing. You have a right to protect yourself at a Zero Tolerance Hearing, but the DMV has no obligation to help you begin the process. The DMV will not set up your hearing for you; it is your obligation to make the initial contact. You are on your own to establish the zero tolerance hearing but we can help.
As is common in many aspects of DMV hearings, you have a specific obligation to contact the DMV and to request your Zero Tolerance Hearing within the first 10 calendar days following your arrest or detention on a “zero-tolerance” issue. Using the above scenario, the officer may not arrest you but the DMV suspension will stand alone whether or not the court moves to violate your probation. Any action taken by the DMV is independent of the court. Don’t assume that because you were not arrested, your license is safe. IT IS NOT!!! A zero tolerance hearing is your only option to protect your driving privilege.
The zero-tolerance hearing is conducted at a regional office for the DMV called the Driver Safety Office. The procedures for the hearing are identical to those followed in a standard Administrative Per Se (APS) Hearing, following a DUI arrest.
What Happens if I don’t set a Zero Tolerance Hearing?
The law here is specific, the DMV is required to suspend or revoke the driver license of any person under the age of 21, who is arrested or detained for driving with a measurable amount of alcohol in their blood. A zero tolerance hearing provides the accused driver the opportunity to fight to maintain their driving privilege. Failing to attend, or even establish a zero tolerance hearing will result in the automatic loss of your privilege to drive…… period!
How to Protect my Driving Privilege when facing a Zero Tolerance Hearing?
The DMV’s policy is to complete zero tolerance hearings quickly and to make immediate decisions about your driving privilege. If a police officer has seized your driver license for Zero Tolerance, you typically only have 10 days to contact the DMV. The DMV will not set up your hearing for you; it is your obligation to make the initial contact. Most importantly, an accused person should contact a professional team to set up their zero tolerance hearing in a timely manner. Once your zero tolerance hearing is scheduled, your professional defense team can go to work establishing a quality defense. Don’t wait, time is not on your side.
How We Help A Client facing Zero Tolerance Hearings?
Our professional team has been representing clients at zero tolerance hearings for decades. We know the process and what it takes to be successful in a zero tolerance hearing. We will examine documents, interview witnesses, and subpoena video and audio tapes. We will subpoena calibration and maintenance logs on breath devices and, in some instances, may subpoena the officer to the hearing. We will prepare for and conduct your hearing similar to a “mini trial.”DO NOT trust your case with a less experienced team as it may result in the Loss of Your Driving Privilege.
It is critical that you be represented by an Administrative Advocate or attorney to insure that the Hearing Officer correctly considers all of the evidence during your zero tolerance hearing.
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