License Revocation Hearing
America’s infrastructure has made vehicle transport a daily necessity for most citizens. Losing the ability to drive your car can have major negative consequences on your life. With this in mind, it is important to understand the basic laws and procedures Utah law has mapped out for those who may have put themselves in a position to where they have gotten their license suspended or revoked.
Considering the inconvenience of not having a license for an extended period of time, along with the process involved in getting it back, a license suspension needs to be dealt with in a timely and efficient manner with the help of a capable criminal defense attorney.
Salt Lake City License Revocation Hearing Attorney
If you currently have your license suspended and would like to know your options about petitioning to get it back or shorten the suspension period, call Darren Levitt of Levitt Legal, PLLC to figure out the best course of action.
With years of experience in license suspension hearing, Darren can provide effective legal counsel during the process while giving your every opportunity to get your license back and on with your life. Call (801) 828-2732 or send an online message to schedule a free consultation today.
License Revocation Hearing under Utah Law
An individual can have their license suspended as either a part of their sentence, or if they happened to have refused a chemical test (impied consent) during a traffic stop.
Utah Code §41-6a-509 states that the Driver License Division shall suspend an individual’s license for 120 days if they are convicted of a DUI offense for the first time. If the person has a prior conviction within the past 10 years, their license will be suspended for 2 years.
Implied consent in Utah means that an individual gave consent when they first received their license, to submit to chemical tests if ever required by law enforcement.
If a peace officer does revoke an individual’s license, they must order a temporary license certificate effective for only 29 days from the date of arrest; and supply the operator (driver) with basic information regarding how to obtain a hearing before the Driver License Division.
Utah Code §41-6a-521 states that an individual who has been notified of the Driver License Division’s intention to revoke the person’s license is entitled to a hearing.
License Revocation Hearing Process
According to Utah law, the request for a hearing must be made in writing within 10 days after the suspension notice is issued. The hearing must then take place within 29 days following the date of the individual’s arrest. If no request for a hearing is made, the license revocation will go into effect on the 30th day following the date of the person’s arrest. The hearing will be conducted by the Driver License Division and will be held in the county in which the DUI offense occurred.
The administrative hearing is limited to the issues of whether a peace officer had reasonable grounds to believe that a person was operating a motor vehicle under the influence and whether the person refused to submit to the test or tests. If the Driver License Division determines that the person was requested to submit to chemical testing and refused, or if the person fails to appear at the hearing, the Division will revoke their driver’s license in accordance to their charges and criminal history.
Following a Division hearing, a Utah DUI offender may seek judicial review of the Division’s revocation, where a trial may be held.
In addition, drivers whose license may be suspended due to excessive “points” may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program removes fifty points from the current driving record, and in some cases can enable an individual to avoid having his license suspended.
The suspension may be shortened if the individual completes actions that the court has required. This will most likely include a screening, an assessment, substance abuse treatment and educational series.
Levitt Legal, PLLC | Salt Lake City License Revocation Hearing Lawyer
If you need to discuss your options regarding a license revocation in or around the Utah counties of Box Elder, Salt Lake, Utah, Morgan, Cache, Weber, Summit, Davis or Wasatch, contact Levitt Legal, PLLC today.
Handling every aspect of your case, Darren Levitt will draw on his previous experience and strong understanding of Utah law to develop a precise and effective strategy to get your license back so you can move forward in your life.
Call (801) 828-2732 to schedule a free and confidential consultation to discuss your options. Darren proudly represents individuals dealing the criminal process in and around the Utah cities of: Salt Lake, West Valley City, Taylorsville, Bluffdale, Tooele, Grantsville, Provo, Springville, Logan, Hyrum, Ogden, West Haven, Park City, Layton, Midway or Daniel, among many others.
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