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Phoenix Lawyer for MVD Hearings

What is a MVD hearing?

When arrested for driving under the influence, the main thought that is on most people's mind is that they will soon be facing criminal penalties. This is true. What many fail to realize, however, is that a criminal charge relating to a DUI is one of those rare exceptions in that not one, but two, cases will be looming. There will be the criminal charges, and then there will be the civil case.

In Arizona, following an arrest for drunken driving, a defendant will need to partake in a hearing for the Arizona Department of Transportation Motor Vehicle Division, commonly known as the MVD hearing. This is a civil hearing, typically informal in nature, in which the possible driver's license suspension of the defendant will be discussed. In this meeting, there will usually not be a jury. This, however, does not mean that it does not important. In fact, this hearing is extremely important and will have a direct impact on the consequences of the arrest.

Different Types of MVD Hearings

Another misconception is that there is only one type of hearing in relating to MVD hearings. The truth, however, is that depending on the circumstances and the nature of the suspension. These are broken down into the following:

  • Administrative Per Se Hearing - This hearing will address only a few issues, namely, whether the officer had reason to believe the defendant was out of control of the vehicle, whether there was a BAC over the legal limit, whether the chemical tests were accurate and accurately evaluated and whether the defendant is facing charges for a DUI, DWI, Extreme DWI or Aggravated DUI. The hearing is not to address any other extenuating issues.
  • Implied Consent Hearing - This hearing is limited to discussing whether there was reason to believe the defendant was in control of the vehicle at the time of the arrest, whether they were arrested and whether they participated in a chemical test refusal.
  • Negligent Operator 'Points' Hearing - This hearing is to discuss whether a driver's license suspension will be awarded based on whether the defendant has accumulated too many points on their license from previous traffic violations.

All of these hearings have different scopes, but are incredibly important to your future as a driver. For this reason, you should not hesitate to contact an experienced Phoenix attorney to help you obtain the desirable result that you deserve. These cases are complex, but with the right amount of legal assistance, you can take the necessary steps towards navigating through this complex process today.

Why hire a DUI defense lawyer from our firm?

At the Knowles Law Firm, we are intimately knowledgeable of DUI law. We know the importance of swift and effective legal assistance and will therefore go the distance in our efforts to ensure that our clients receive the legal assistance and care that they deserve. According to the 2010 Arizona Code, section 28-1385, after an order of suspension has been served, there is only a mere fifteen days before the suspension becomes effective.

There is, therefore, no time to waste. If you choose to contact our firm, we will immediately request a hearing and will begin to prep our defense. No matter if we are facing the criminal charges or the civil case, you can be confident knowing that we will apply the same thorough approach and the same high-quality level of service.

To schedule your initial case consultation, contact a Phoenix DUI attorney from the Knowles Law Firm as soon as you can by calling 888-332-5621.

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Phoenix Address: 40 North Central Avenue Phoenix, Arizona 85004 Phone: (888) 332-5621