Contest Revocation Of Your Driver's License
You contest revocation of your driver's license by requesting an administrative review hearing. See Warning! Don't Lose Your License. We will file this request for you provided that we are retained within 7 days after the date of your arrest. If you do not have a lawyer within 7 days after your arrest, you will need to file the request for administrative review hearing yourself.
Revocation
The revocation is initiated on the date of the arrest by the officer serving a copy of a "Notice And Order Of Revocation" on the driver. From the time that this document is served on the driver, the driver has 7 days to request an Administrative Review/Hearing of the revocation. A person who contests the revocation by filing a request for a hearing within 7 days after the Notice And Order Of Revocation is given to the driver, may be successful in preventing the DMV from revoking his or her license. If the driver does not request a hearing within 7 days, the license revocation will go into effect the following day, by default, and the driver will not have an opportunity to contest the revocation period.
Request Hearing
The request for hearing must be made within seven (7) days of the date you receive the Notice And Order Of Revocation. The driver should state the grounds for his/her request. An attorney's assistance will be helpful to set forth all of the available grounds. There may be many issues raised in an Administrative Review/Hearing.
Deliver Hearing Request
The written request should either be (1) hand delivered to Division of Motor Vehicles, Department of Administration, Driver Improvement Bureau, 1300 W. Benson, Suite 100, Anchorage, Alaska 99503, or sent by mail. If the request is sent in the mail, it must be postmarked within the 7 day time frame. (Don't simply drop it in the mailbox and keep no record of it being received at the post office).
Fax Revocation Request
As an extra precaution you can fax your request for a hearing to (907) 269-3774. However, a fax request should not be relied upon as the official request for a hearing. We recommend personal hand delivery to the DMV Office or by certified mail.
The Importance Of The Administrative Hearings
Administrative Hearings can be critical to the client's case.
if you do nothing, you will lose your driver's license
First, if the driver does nothing, his/her license or privilege to drive in Alaska will be revoked, even if the driver is able to beat the DWI or refusal charges in the criminal case. There may be grounds for defeating the revocation at the Administrative Review/Hearing, depending on the facts of your case.
Evidence Revealed At DMV Hearing
Second, the Administrative Review/Hearing offers your lawyer the opportunity to cross-examine the officers involved in your arrest and investigation, so that important issues can be reviewed before the criminal DUI case is resolved. The sworn testimony of the officers is recorded, and can be very important in helping to resolve or win the criminal DUI case. This also provides an important way to impeach the officer if he attempts to testify in a different fashion later on at trial in the criminal case. Further, this will give you and your attorney the opportunity to hear the officer's testimony under oath, and obtain a better understanding of their observations and the extent of the evidence that they have against you.
Get Temporary Driving Privileges
Finally, if you request an Administrative Review/Hearing within 7 days, you will be granted temporary driving privileges by the DMV at least until the date of your Administrative Review/Hearing. Usually, the Administrative Hearing is scheduled within approximately 6 weeks after you request the hearing, although the hearing may be continued for a longer time after your attorney enters his/her appearance on your behalf.
Keep Records
Always keep copies of all documents that you submit to the DMV and always keep your postage receipt so that you can show it was timely sent.
Talk To An Attorney Today
Time is of the essence in drunk driving cases. By waiting, you may lose your driver's license, and either lose or severely risk losing opportunities to defend your case. To speak with an attorney today, please call Fred Slone at (907) 272-4471.
