What If The Officer Does Not Show Up To Your Hearing?
If you have been asked to attend a DMV hearing for a suspension or revocation of your license, there are certain things you should know if the law enforcement officer does not show up. To learn more about DMV hearings, including whether you can appeal a license suspension, call today and schedule a consultation with a DC DUI lawyer.
If the officer does not show up at your DMV hearing, then the DC DMV will place your case in no action and they will wait to hear from the criminal court as to what happened in your case. If you are not convicted, then they will not take any action against your license. If you are convicted, then they will still move forward with the six-month license revocation.
The DC DMV has power over a person’s driving ability inside DC. If a person has a DC driver’s license, then the DC DMV can physically take your driver’s license as part of your suspension. This means you would not be able to drive anywhere in the country nor would you be able to apply for a driver’s license elsewhere.
However, if you do not have a DC driver’s license, the DC DMV can only suspend your driving privileges inside DC. Nonetheless, the DC DMV can notify your home state and your home state can take action against your driver’s license based on their own laws.
If your driver’s license is from a state that does not have reciprocity for driving suspensions in other states then your home state may simply take no action against your license. Nevertheless, you would still not be able to drive inside the District of Columbia for six months and you would still have to go about reinstating your ability to drive in the District once that six-month period is up.
If you do not request a reinstatement, then your license will remain suspended inside DC and they will keep a hold on your license, meaning that you will not be able to renew your license in your home state as long as that hold is still in effect.
Challenging the Suspension Of Your License After A First Time DUI in DC
The DC DMV gives people very limited options for challenging a suspension because the DC City Council has established mandatory revocation periods for driving privileges in response to DUIs.
That means if the DC DMV has found enough evidence to move forward on a revocation, then there is no way to challenge the mandatory imposition of the six-month license revocation period. Thus, the options they give you are very few and far between.
Furthermore, the DC DMV does not permit restricted or limited licenses if you are facing a mandatory license revocation because of a DUI. That is different from many other states, such as Virginia, where even if you get a first offense DUI and the corresponding mandatory license revocation, you can still get a restricted license that will allow you to drive to and from work or during certain daytime driving hours. The District of Columbia, by contrast, does not offer restricted licenses.
David Benowitz and his firm are the best strategic and compassionate teams you will work with. Mr. Benowitz and his team are diligent and proactive, which is further enhanced by David’s methodic and strategic approach to law. My case was a very complicated and emotionally charged case involving classified information, where I was facing three indictments, two carrying life sentences and one carrying 20 years. Mr. Benowitz utilized a network of lawyers coupled with his own strategy to navigate the case to success! I sincerely recommend David Benowitz quite literally with my life.
I found David to be very dedicated to fighting for your loved one’s rights. I also highly appreciated the fact that David kept us informed and empowered throughout the whole process.
Mr. Benowitz is an incredibly knowledgeable and dedicated professional. His commitments to social justice and community outreach are exemplary. I wholeheartedly recommend him for any matter.