Even when facts and circumstances dictate that your DMV Hearing should result in a positive outcome, DMV Hearings do not always go your way. A DMV hearing officer may misapply the law, fail to consider all of the evidence presented, or otherwise make some sort of error of law or fact resulting in the loss of your driving privileges.
The consequences of losing a DMV hearing may be severe, depending upon the particulars of your situation and also your driving history.
If you have recently lost a DMV hearing, it is important to consult with a Denver criminal attorney immediately to assess whether you may want to pursue an appeal of your DMV hearing, particularly because certain deadlines do apply to the filing of DMV appeals.
How is a DMV Appeal Filed?
A DMV appeal is filed in the district where you live. The transcript is requested from the DMV Hearings division, and DMV Driver Services files the record on appeal with the district court. Once that is done, you or your attorney submit a legal brief explaining the legal and factual basis for the appeal, and outlining all applicable arguments.
While your appeal is pending, your attorney can submit a request for a stay of the hearing officer’s decision suspending your driving privileges so that you can drive while your case is being reviewed by the district court (a process that can take several months).
What is the legal standard of review in a DMV Appeal?
A DMV decision can be reversed if the appellate court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence or record. A hearing officer’s decision is only arbitrary and capricious if there was no substantial evidence to support the hearing officer’s decision.
Should I use a lawyer to file my DMV Appeal?
A DMV appeal is a legal process requiring knowledge of case law, statutes, and appellate procedures. Because of this, it is highly recommended that unless you have legal training, you retain an attorney to handle the appeal for you.
If you recently lost a DMV hearing and are considering an appeal, please contact defense attorney Kimberly Diego at (720) 257-5346.
With the excitement and energy of watching the Broncos live at Empower Field, it can be easy for things to escalate between people and lead to an arrest. Further, some fans engage in “adult fun” for hours, starting to drink alcohol at early tailgate parties and continuing throughout the hours-long game.
While Broncos games should be enjoyable, the police in the vicinity of the stadium are always on high alert,
Being involved in a car accident can be a stressful and confusing experience. However, the decision to flee the scene can escalate an already difficult situation into a serious legal battle.
In Denver, leaving the scene of an accident isn’t just frowned upon—it’s illegal. It can lead to severe criminal penalties, financial issues, and long-term consequences that can impact your entire life. If you’re facing charges related to fleeing the
Union Station is a historic landmark, and vandalizing such a place is more than just a mistake—it’s a criminal act with serious repercussions. From significant fines to potential jail time, vandalism at Union Station can result in penalties that will affect your life for years to come. If you or someone you know is facing charges related to vandalism at Union Station, seek the guidance of experienced criminal defense attorneys.