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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.
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).
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.
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.
You may think there’s no chance you could ever be accused of a crime like false imprisonment. The fact remains, you might just be caught off-guard with this charge.
In February, a teacher in Louisiana was charged with the false imprisonment of juveniles. The case was ultimately dropped, but it goes to show that even a teacher with good intentions can be charged with this serious crime under the right
The entire legal system in the US is based upon evidence. The sanctity of evidence is important for everything from making well-supported arrests to holding just trials. Maintaining the legitimacy of evidence in a given investigation is the foundation of making sure justice is served.
However, it’s all too easy for evidence to be corrupted, whether accidentally or on purpose. If someone purposefully alters evidence, they are committing a crime:
The online world is no longer the Wild West that it used to be. Today, there are laws around what may and may not be done online. During a dramatic election year, this is more relevant than ever.
In Colorado, there are internet laws against harassment that apply to all electronic interactions. The difference between debate and harassing someone online is subtle but important.
Crossing the line from legal communication
