In the case of a DUI or DUI metabolite the accused driver can request a hearing with the Drivers License Division if he or she believes there is not the required reasonable grounds for a charge and if the DLD has not taken any action on his case. A DLD License Hearing gives the accused driver an opportunity to show that there is insufficient evidence to support their DUI charge. In the hearing the officer who issued the charge also has the opportunity to testify. In order to receive a DLD Hearing the accused driver must issue a request no later than 10 days after being charged with a DUI. It is best to issue a request as soon as possible if the driver has any doubts of the grounds for his charge; in many cases the DLD is not sympathetic to any late requests, however, a late hearing request can be made. In a case where the driver was not given notification of the charge or was not given a citation from the officer a late hearing request can be issued and should be granted due to misinformation.
Request for Reconsideration
In the case of a DUI where the DLD has taken action, the accused driver can issue a request for reconsideration if he believes there are not enough grounds for the charge. The request is just a simple letter addressed to the DLD with an explanation of why the DLD should not have taken action. A reconsideration request should be issued with 20 days of the charge.
If the DLD has taken action, the accused driver can also petition for a judicial review. With an attorney’s help, this forum is usually the best option for the driver because the rules of evidence apply and will best aid in lowering or dismissing charges.
Utah DUI Attorney
In any of these cases it is best to seek the help of an experienced attorney in Utah from Salcido Law Firm. Our lawyers have represented hundreds of DUI clients and can help you protect your rights. Call or email us today to set up a free constulation.