Missouri DEPARTMENT OF REVENUE Services

9 Times You Better Request A DMV Hearing

If you're facing the possibility of having your license suspended or revoked (or if it's already been suspended or revoked), or you've been arrested for DWI and might lose your license if you're convicted, then you need to know how Department of Revenue (DOR) administrative hearings can have a major bearing on your problem.

You may not know this, but there are at least 9 situations which can cause you to be faced with a DOR hearing(s). It is possible, actually, for you to be involved in several different DOR hearings.

Whether or not you're also faced with going through the criminal justice system, your DOR hearing is crucial. Why is it so important to request this hearing? Simply because if you don't your license could be suspended or revoked, and you could be arrested and possibly sent to jail for driving without a valid license. And the only way to avoid these results is to request a hearing within the time limit given you.

If this sounds serious, you're right, it is. I believe that this is why it is wrong for you to try to go through the hearing process by yourself. You see, these hearings are technical in nature and only look at limited issues.

As a result, you'll probably find that doing it yourself was not a wise decision.

By calling my office, you'll get an attorney having many years of experience representing people just like you at motor vehicle hearings. This means that we know the ins and outs of this process, what points must be made to save your license, and when to bring up the relevant issues and defenses.

Let's start by going through these different types of hearings one by one.

DOR Hearings

1. Revocation Hearings
   If you drove in the state of Missouri while you alcohol level was above .08 or you refused to take a chemical test upon request by an officer, you will face a total revocation of all driving privileges. You do have a right to a hearing before this suspension / revocation takes effect, but you must act quickly to preserve your rights.
2. Suspension Hearings
   If you exceed the number of points allowable for your license, you right to drive may be suspended from 30 days up to 12 months. You have a right to a hearing on whether your license should be suspended and for how long.
3. Hardship License Hearings
   If your license is suspended, you may qualify for a hardship license for necessary driving.
4. Interstate Compact Hearings
   If your right to drive has been taken away by any other state, you may qualify for a Missouri driver’s license, if Missouri law is more lenient.
5. Habitual DWI Offender Hearings
   If you have three DWI offenses, your right to drive will be revoked for 10 years. You are entitled to a hearing as to the accuracy of the record.

Other License Issues in which we can assist.

6. License cancellations for alleged physical or mental limitation.
7. License suspensions for minor in possession of alcohol (or consumption).
8. License suspensions for non-payment of child support.
9. License suspensions for uninsured motorists.

Driver's Services

In addition to the hearings I just covered, there are other times when you'll more than likely need a lawyer's help for issues I call Driver's Services.   Here's a brief rundown on these. 

1. Motor Vehicle Record Review
   We will obtain and review your record and explain where you stand with regard to Missouri law.
2. Reinstatement of Driving Privileges
   Once your suspension or revocation of driving privilege is over, you must reinstate before you drive. If you fail to do so, you face serious penalties. We can assist you with the reinstatement process.
3. Interlock Licenses
   If you have been revoked for more than one year in part for an alcohol offense, you may be able to qualify for a license if you equip your car with an interlock. We can advise you what to do. 
4. Temporary Permits & Licenses While Attending Alcohol Classes
   If you must complete classes as part of your reinstatement, you may qualify for a license as long as you are enrolled. Call this office 636-441-2947 for assistance

Missouri Point System

If you exceed the allowable points for your license, your license will be suspended. You may qualify for a hardship license.

In summary, through these hearings I protect your interests through my training and experience, I make sure that you're being treated fairly, and I make sure that you don't get your license revoked or suspended when it shouldn't be.

One last thing. It's important. If you've been arrested for DWI in Missouri, it's also critical that your request your DOR hearing within 15 days of your arrest if you consented, yet failed the chemical test (breath, blood or urine). If you refused the chemical test you have 30 days to file a petition for review of the revocation of your license in the county where the offense happened.

You see these DOR hearings provide me with the chance to question the police officer under oath, and usually in front of a certified court reporter. The hearings provide us with the chance to get his/her testimony soon after your arrest--to freeze it--so he/she cannot change it or claim in court that he/she can't remember what happened. And believe me; this sort of thing happens all the time.

Further, it gives me the chance in the least expensive way to evaluate your case, thus giving you a good idea on your odds of success at a trial or a motion to suppress evidence.

Call me today at 636-441-2947 for your free phone consultation. Learn how I can help you keep your license.