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.
One bad move behind the wheel? That’s enough to land you a criminal record in Colorado. Getting pulled over is nerve-wracking. But when that traffic stop turns into a reckless driving charge, it’s not just a minor issue. In Colorado, reckless driving is a criminal offense. It can affect your freedom, your finances, and your future.
If you’re facing this kind of charge, don’t try to handle it on your
If you’re facing a sex offense charge—or you’ve already been convicted—you may be wondering what the future looks like. One of the most serious and lasting consequences in Colorado is being placed on the sex offender registry. It’s not just paperwork. It’s a life-changing requirement that affects where you live, work, and how you’re seen in your community.
If you’re in this situation, don’t face it alone. The Law Office
If you or someone close to you is facing a DWAI or DUI charge in Colorado, it’s normal to feel confused or overwhelmed. The difference between these charges may seem small, but the legal consequences are very real, and they can impact your future in a big way.
If you’re unsure what comes next, talking to Kimberly Diego, a Denver Colorado criminal defense attorney can give you real answers and