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.
Parenting is tough. There are so many ways that parents question themselves when it comes to raising their kids. Sometimes the matter is far more complicated than it may seem.
When abuse enters the picture, then the justice system in Colorado will get involved. When that happens, parents can face many consequences – including losing their kids.
Still, child abuse isn’t as cut and dried as one may think, since
Often, people are confused about the difference between certain types of crimes because they sound so similar. Two of those crimes are sexual assault and unlawful sexual conduct.
Sexual assault is a crime that many people are aware of and there are seemingly consistent legislative updates surrounding this type of crime, but unlawful sexual conduct doesn’t get as much discussion. That is, until recently.
Identity theft doesn’t simply happen in one way. In fact, there are at least a dozen different offenses that are classified as identity theft in Colorado. That includes unemployment fraud – something Colorado is taking extra steps to prevent as many people file unemployment claims.
Following a rash of false unemployment claims, the Colorado Department of Labor has instituted a new ID verification system. It is designed to combat the
