Requesting A Hearing

A hearing must be requested within 15 days of arrest. If that is not done, then your only option is to get a modified license, which means that an interlock will be installed in your car. There are several benefits to requesting a hearing. The first is that you might win the hearing on its merits and not have your license revoked. If the officer did not meet the statutory requirements in taking your license, then you will get to keep your license.

47 OS § 754 outlines the scope of the issues covered in the hearing. The hearing will cover whether the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle upon the public roads, highways, streets, turnpikes or other public place of this state while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance as prohibited by law, and whether the person was placed under arrest.

  1. If the revocation or denial is based upon a breath or blood test result and a sworn report from a law enforcement officer, the scope of the hearing shall also cover the issues as to whether:
    1. if timely requested by the person, the person was not denied a breath or blood test,
    2. the specimen was obtained from the person within two hours of the arrest of the person,
    3. the person, if under twenty-one years of age, was advised that driving privileges would be revoked or denied if the test result reflected the presence of any measurable quantity of alcohol,
    4. the person, if twenty-one years of age or older, was advised that driving privileges would be revoked or denied if the test result reflected an alcohol concentration of eight-hundredths (0.08) or more, and
    5. the test result in fact reflects the alcohol concentration.
  2. If the revocation or denial is based upon the refusal of the person to submit to a breath or blood test, reflected in a sworn report by a law enforcement officer, the scope of the hearing shall also include whether:
    1. the person refused to submit to the test or tests, and
    2. the person was informed that driving privileges would be revoked or denied if the person refused to submit to the test or tests.

A second reason to have the hearing is that you may win due to the officer not showing up. Many of these hearings happen a long time after the arrest. Some happen over a year later. A lot can go on during that time. Officers can quit, get fired, change jobs, etc. So, you may luck out and win if the officer doesn’t show up.

A third reason you may win could be due to a long delay between the request for a hearing and when the hearing occurred. Many license revocations have been thrown out recently due to the hearing occurring more than a year after the request for hearing was made. The delay of longer than a year is considered a violation of the right to speedy trial. You must appeal the license revocation to the district court to have a chance at winning on the third reason.

For more information on a Requesting A Hearing, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.