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.
Even though certain drugs in Colorado are considered legal recreationally, such as marijuana, that doesn’t mean the state doesn’t prosecute drug crimes. In fact, in Colorado, it is still illegal to sell, possess, use, or manufacture many controlled substances.
Still, there are some circumstances under which a person who is found guilty of a drug crime for the first time can escape a jail sentence.
Vehicle theft is on the rise in Colorado, which means that your chances of being charged with it rise in tandem with the crime rate.
According to the Denver Post, the first quarter of 2021 saw a 114 percent increase in the rate of auto theft compared to the previous year. That’s a significant increase – one the local authorities are trying their best to manage.
There are many types of relationships that people may see as unacceptable – but many of them are not illegal.
However, anyone in a position of trust who has a sexual relationship with a child is not only participating in something unacceptable but against the law as well. And it happens more than you may think.
A girls’ basketball coach from a Colorado Springs high school is facing charges of
