Requesting a Driver License Hearing in a Utah DUI Case
When you are arrested or cited for DUI in Utah, your citation should contain a notice that you have a right to request a driver license hearing. Failure to request this hearing will result in an automatic suspension of your driving privileges.A request for a driver license hearing in Utah must be made in writing, and must be made be made within ten days of the date you were cited or arrested. In rare cases, and if there is a good reason for the the request, a request for a driver license hearing may be granted after the ten-day period has passed. But these circumstances are rare. Whenever possible, the request should be made within the required ten-day period.
You have the right to be represented by counsel at a driver license hearing. Retaining a Utah defense attorney can help ensure that your rights are protected, not just in your license hearing but in the criminal DUI case. Based in Salt Lake City, Stephen Howard provides legal services to clients throughout Utah. Contact us today to arrange for an initial confidential consultation.
Does the DMV handle the driver license hearing in a Utah DUI case?
You
may hear people (and even some Utah attorneys) refer to the "DMV" in
connection with a DUI driver license hearing. In some states, the DMV
is responsible for driver licenses. In Utah, however, the DMV (Division of Motor Vehicles) is a part
of the Utah State Tax Comission. Driver license hearings and
suspensions are instead handled by the Department of Public Safety,
through its Driver License Division ("DLD"). Submitting a request for a
driver license hearing to the DMV in Utah will not avoid a DUI license
suspension. The written hearing request instead must be directed to
the DLD.Can I get copies of the police reports to prepare for a driver license hearing?
When your attorney submits the written request for a DLD hearing, your attorney may also request copies of any police reports or other records relating to your arrest or citation for DUI.The easiest way to request the DLD hearing on a Utah DUI case is using a form provided on the DLD's website. If you have an attorney, your attorney can submit this request on your behalf. You can also submit the form yourself, and fill in your attorney's contact information on the form itself.
Keep in mind, however, that this request form only includes a request for a hearing. It does not include a request for any records, reports, or test results that may have been prepared in connection with the DUI case. Whether you have an attorney or are handling the driver license yourself, it is important to make a specific request for any police reports or other records from the DLD that may help in preparing for your license hearing.
Finding a Utah Criminal Lawyer in Salt Lake City
Based in Salt Lake City, Stephen
Howard is a Utah defense attorney with a track record
of successfully defending clients in cases ranging
from
homicide to DUI, and virtually everything in between. If you have been
charged with DUI in Utah, contact us today to
schedule an initial consultation.RELATED CRIMINAL DEFENSE TOPICS
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What are the potential penalties for a Utah DUI case?
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Dismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
Released - Client absconded for more than 10 years from felony probation with
Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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