Are you facing a DMV hearing in West Chester, PA? If you were convicted of a DUI, underage drinking, or drug possession, you probably lost your license. This could affect your ability to get to work or see your kids. DiCindio Law, LLC can help you navigate the criminal justice system and the complicated administrative process that threatens your driving privileges.
We have more than a decade of criminal law experience, and we bring the unique perspective of a former Chester County prosecutor to your case. You know that your criminal charges put your freedom at risk, but don’t underestimate the importance of a DMV hearing. Your initial consultation is free, so call at (610) 430-3535 or contact us online before it’s too late.
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How Can DiCindio Law Help With a DMV Hearing in West Chester?
Our founding attorney, Mike DiCindio, knows the Chester County court system inside and out. He was a prosecutor in Chester County before he became a criminal defense attorney–so he’s had plenty of experience seeing how the other side operates.
When you hire our DUI lawyers, we’ll:
- Diligently monitor all deadlines related to your DMV hearing and license suspension
- Advise you of options for temporary licenses
- Investigate all possibilities to strengthen your chance for a positive outcome in the DMV hearing
- Handle all PennDOT applications and represent you in all administrative proceedings
There are a number of criminal charges that could affect your driving privileges. The deadlines and other PennDOT requirements are strict, so don’t risk trying to handle it on your own. Call our West Chester, Pennsylvania, law office today for a free consultation.
What’s the Purpose of a DMV Hearing?
A DMV hearing will determine the fate of your driving privileges. There are many reasons the Department of Motor Vehicles (DMV) of the Pennsylvania Department of Transportation (PennDOT) can suspend your license. If your license is suspended in connection with criminal charges, the court may have ordered your license suspended.
If your license is suspended, you have a couple of options that could let you drive for certain purposes. You may apply to the DMV to get an Occupational Limited License (OLL) or a Probationary License (PL). Both of these requests are made by application to the DMV.
If the DMV denies your request, you can request a DMV hearing to appeal the decision. You must file your appeal within 30 days of PennDOT’s decision.
PennDOT makes it clear that DMV hearings are NOT for purposes of:
- Disputing the Department’s calculation of suspension credit
- Determining the validity of a suspension/revocation action
- Making a correction or adjustment to a driving record
- Reducing a suspension or revocation period
- Disputing the Department’s ordering of the ignition interlock requirement
You have limited time to act after the DMV suspends your license or denies your application for an OLL or PL. Calling an experienced West Chester DUI lawyer as soon as you are arrested or as soon as you receive notification that your license is suspended will give you the best chance for a favorable outcome.
How Do I Request a DMV Hearing?
Like most court and administrative proceedings, requesting a DMV hearing has specific requirements and deadlines.
To request a DMV hearing, you must submit:
- A clear and concise statement of the facts of the case
- A specific list of the legal issues upon which your appeal is based
- A clear statement of your desired remedy
- A copy of the document giving rise to the appeal (your denial letter, statutory or regulatory provision, etc.)
You must include contact information that includes an address where you can receive or be served documents in connection with your hearing. All hearings are held in Harrisburg and you must attend in person.
What Are Defenses to Use at a DMV Hearing?
Unlike a court hearing, a judge does not preside over your case. Instead, the case is heard and decided by a PennDOT administrative hearing officer. The standard of proof is also lower than in a criminal trial.
The specific defenses will depend on the circumstances, but some possible defenses include:
- You weren’t driving
- You were illegally stopped by police
- The arrest was unlawful
- The blood or breath test was flawed
- Chain of custody issues
These generally relate to a suspension for DUI, but some may apply generally to other suspensions based on criminal charges. If your suspension was based solely on driving points, you may have other defenses.
Get Help With a DMV Hearing in West Chester, PA
Do you have an upcoming DMV hearing in Chester County, PA? Did PennDOT suspend your license and you don’t know what to do? DiCindio Law, LLC can put your mind at ease. Being without a license can threaten your livelihood and compound the effects of criminal charges. We can help. Don’t wait any longer and risk missing important deadlines–call now for a free case evaluation.