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Traffic citations are an unsettling experience, and that includes DUI. You should consult a DUI attorney if you need legal advice. Additionally, if you need information on DUI laws in other states, you should seek out specific answers to your questions from resources in those states. What many people don’t realize is that there are two separate cases when dealing with a DUI citation. The first case is the criminal case, which most of you will be familiar with. The criminal case is generally located in the local courthouse in the geographical area where you were pulled over. At the criminal trial, the prosecution will present its evidence, call witnesses, and make its argument about why you are guilty of DUI. The second case, which many people are unaware of until they receive a DUI citation, is the civil administrative case. The local licensing agency will decide whether to suspend your license and for how long. You must request an administrative hearing within a very short period of time in order to be entitled to one. In some instances, your license will already be automatically suspended; in others, your request postpones the suspension until the conclusion of the hearing.
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This entry was posted on Thursday, July 14th, 2011 at 3:17 pm and is filed under Driving Under the Influence. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
Very good point about the civil case that accompanies the criminal matter. In Georgia, we have only 10 days after the arrest to request an administrative hearing on the license suspension issue. Requesting that hearing within 10 days gives me multiple options for a resolution; if the 10 day letter is not sent, my client usually ends up without driving privileges for a year no matter what kind of deal I can work out in the criminal case.