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.
Crimes involving computers can be a bit confusing. That’s because the internet provides users anonymity along with a false sense of security. So when something does go wrong and a crime like digital forgery occurs, what happens next?
The internet can be a dangerous place and the laws surrounding crimes perpetrated using it are relatively new. Here’s what you need to know.
Felony murder is a serious offense in the state of Colorado and carries with it significant penalties. Some lawmakers aren’t so sure, however, that this sweeping rule is right in every circumstance. Some are working to change it.
State legislators in Colorado introduced a bill that would change the way the state treats those that were involved in the murder but didn’t actually commit murder themselves.
The holidays are here. In fact, the holiday season in the United States starts with Halloween and doesn’t end until after New Year – which means two solid months of celebration happening in Colorado and across the country.
Unfortunately, some of these celebrations end in arrests for driving under the influence (DUI). In fact, in the last several years, Halloween has seen an uptick in DUI arrests, with over 200
