Preparing For A Colorado Springs DMV Hearing
A Colorado DMV hearing to consider a license suspension for a DUI arret is much more like a mini-DUI trial in the absence of a jury, but with different rules for Colorado DMV and procedures.
Rather than an actual judge presiding over the hearing, the Colorado Springs DMV hearing is officiated over by a Driver Safety Officer, an employee of the Department of Motor Vehicles in Colorado. This person presides without having training in law and will act as both the judge and prosecutor at this DUI/DMV hearing.
As unfair as it can be, he or she can legally reject your proof and evidence against having your license suspended. Essentially, the Colorado Driver Safety Officer can engage your DUI lawyer together and accept or deny either party’s evidence and assertions.
The Colorado Driver Safety Officer can offer proof in the light of documents and eyewitnesses. The Driver Safety Officer can offer documents such as the:
- Colorado drunk driving / DUI police report
- Colorado DUI alcohol reports
- Your DMV driver records
- And most importantly Colorado DUI officer’s sworn statement entitled a DS 367
Without having a right of the Fifth Amendment at the legal proceeding, your Colorado DUI attorney certainly would not want you to appear at the hearing. The Driver Safety Officer could rightfully force you to be a witness and testify against yourself if you happened to appear imprudently at this license hearing.
The final decision made by The Colorado Driver Safety Officer is usually mailed within a few days after your hearing, but time can vary up to a few weeks. With a favorable ruling assisted by an experienced Colorado Springs DMV hearing lawyer, your suspension can be either be sustained or put dismissed.
If you receive an unfavorable ruling at you Colorado Springs DMV hearing and the Driver Safety Officer elects to suspend your driving privileges – that decision can be appealed to the Department of Motor Vehicles in Colorado Springs and/or to the Superior Court of Colorado by filing a petition for the writ of mandamus.
The Colorado Springs DMV hearing lawyer defends you at an APS hearing must be technically skilled and specialized to a greater extent than in general criminal court. Possible arguments for setting suspensions aside are recurrent hearing issues as well as procedural, legal and bureaucratic hurdles.
We strongly recommend that you never try to represent yourself, because of the unusual nature of Colorado Springs DMV hearings and the absence of an actual judge or DUI attorney to offer some protection. These hearings are not actual Colorado DUI criminal proceedings; the Colorado public defenders will not be available to defend you.
You must contact the Colorado DMV Driver Safety Office and promptly demand a legal hearing IN PERSON within this seven (7) calendar day period. Only then can your Colorado DUI / DMV attorney represent you at the DMV hearing following your DUI arrest. After the seven (7) day time frame is over, you will lose your right to a hearing.
Colorado Springs DMV Appeals
To preserve your driving privileges, you must consult an experienced Colorado Springs DMV hearing lawyer before the 7-day period after the arrest. If you don’t, you must contact the local Drivers Safety Office yourself and request a 5-days extension so you can get a specialized drunk driving attorney.
Also, if the Colorado Department of Motor Vehicles supervisor has denied your request for an extension. You can request an In-person hearing, a Stay (stop) order for the Suspension, the Name of the Driver Safety Officer prosecuting the hearing and discovered evidence. It is strongly advised never to discuss the reasons why you are challenging the suspension and only ask for the name of the person to whom you are speaking.
A stay order (notice of stay) of the 30-day temporary suspension must be handled by your lawyer. This will stop the process until a legal hearing is provided and a decision by the Colorado Springs DMV is actually rendered. During the 30-day temporary license period, the Colorado DMV may not be able to schedule a hearing.