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Posted on March 15, 2021 in assault & violent crimes
We get asked a lot, what is the difference between the Motor Vehicle Department and the Court in a DUI case? There will be both court dates and a Motor Vehicle Department (MVD) hearing in a DUI case in Arizona. After a DUI arrest in Arizona, you will have a hearing entirely separate for this with the Motor Vehicle Department (MVD). In addition to a battle in Court. Similarly, it’s essential to know that the criminal court process and the Motor Vehicle Department administrative side are not connected. Both of these entities progress through the matter separately.
After a DUI arrest, a person should make sure they consult with a lawyer immediately to protect their driving privileges. More importantly, ensure that they are hiring a lawyer who will walk them through the courts and the MVD process. Time is of the essence with the MVD, especially. To stop a license suspension from automatically happening following arrest, you must request an MVD hearing as soon as possible.
The court date will be given to you by the officer when he arrests you or sent to you by the Court. The Court is a criminal proceeding. The Rules of Evidence apply. To be convicted in Court, the prosecutor must prove each and every element of the offense beyond a reasonable doubt. Or you plead guilty. The Court has the power to give you a criminal record for the rest of your life, to incarcerate you, fine you, put you on probation, order you to do treatment.
The MVD is a civil proceeding. It is a less formal proceeding. The Rules of Evidence do not apply. The standard of proof is a preponderance (over 51%) of the evidence. There is no prosecutor present in an MVD hearing. The administrative law judge’s role is a quasi-prosecutor and a judge. The MVD only has power over your driver’s license.
On a first offense DUI, the MVD can suspend your license for 90 days. 30 days are flat suspension, and 60 days are restricted to drive to from and for work. On a second offense DUI, the suspension will be a flat 90 days. If the officer alleged to the MVD that you refused the chemical test. On a second offense DUI, the suspension will be a flat 90 days. If the officer alleged to the MVD that you refused the chemical test. This can result in the MVD trying to suspend your license for one year, two years if it a second refusal within seven years. It may be possible to get a restricted license after 90 days. However, you are entitled to an MVD hearing to contest the above suspensions.
If you are convicted of a second offense DUI within seven years or a Felony, the court will send notice to the MVD, which will trigger a one-year revocation. You are not entitled to a hearing to contest a suspension that is triggered by a court conviction.
With a DUI in Scottsdale, or the surrounding cities in Arizona, there is no time to waste. DUI is a serious charge with mandatory jail time in Arizona. Rosenstein Law Group Scottsdale DUI attorneys know the importance of quick and effective legal assistance. Therefore, they will go the distance in our efforts to ensure that our clients receive the quality support and full protection that they deserve. Do not go through this alone; Call the DUI Law Specialists at Rosenstein Law Group, one of our DUI defense lawyers can be reached 24/7 by calling (480) 248-7666 and get help with the scary situation of dealing with a DUI case in Scottsdale or any city in the surrounding Greater Phoenix area.