Challenging License Suspensions After Manassas DUI
In Manassas, it is common for one of the consequences of a DUI charge to be the suspension of the accused individual’s driver’s license. The loss of driving privileges can have a major negative effect on a person’s life, so that individual may wish to challenge the suspension of their driver’s license and avoid that consequence. While these challenges are not necessarily always successful, a Manassas DUI lawyer can help in determining if a challenge is justified and in carrying out that challenge at a formal review hearing.
Formal Review Hearings in Manassas
There are formal review hearings for administrative license suspensions, which occur any time that a driver believes there was not probable cause for arrest and where a proper motion has been filed. However, for suspensions which are imposed following a conviction, the only way to review this is to note an appeal of the entire case
Most hearings that are held respecting licenses post-conviction in Virginia relate to whether the driver can have a restricted license and what restrictions will apply and what driving they will be allowed to do.
Process of Challenging a Suspension
After requesting a formal review hearing, a date will be set for the hearing and then at the hearing itself, there will be evidence offered by the government, as well as the defendant. At that time, the court will make a determination as to whether the license should be reinstated or not, and whether the defense has met its burden in showing that there was not probable cause for the arrest.
The only way that an administrative suspension of a license can be challenged is by filing a motion to have the court determine that there was not probable cause for the arrest. This is not something that happens very often, but under the right set of circumstances, a driver can file a motion before court to have their license reinstated before trial, at which time they will have to demonstrate to the court that there was not probable cause for their arrested.
If the driver who is charged with a DUI loses the review hearing relative to their restricted license or to their license suspension, then whatever the court has put in place will remain in effect.
Failing to Challenge
If a driver does not challenge the suspension of their license, then the license will remain suspended until the administrative suspension time has run out. Their license is then reinstated automatically as though it had not been suspended in the first place.
There are hearings to challenge a license suspension in Manassas. These can be filed whenever someone believes that there was not probable cause for their arrest. When the driver asserts that there was not probable cause for their arrest, the court will hold a hearing to determine whether the court believes there was or not. If the court finds that there was not probable cause for arrest, then the license will be reinstated pretrial.