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When the dmv postponed my hearing how much time do they have to reschedule it
Anonymous4 views4 answers
My Refusal hearing at the dmv was set for sept 11. Dmv called 2 days earlier saying the trooper had serious health issues and the hearing will be postponed. Do they have more than 30 days to hold the hearing. And can I request a dismissal now. They only have 60 days to set the original hearing right. What should I do. Also I never got the ec packet.
You can request one, but they won't give it to you. They have the authority to reschedule the hearing outside the 60-day period, for a reason such as you mentioned. But they also must extend your temporary license to the date of the rescheduled hearing. Call the DMV and ask about the packet. Good luck at your hearing.
What you should do is hire a DUI attorney to represent you. The DMV can and will re-schedule the hearing outside of 60 days per statutory authority. There is no hard set timeline in terms of the number of days the DMV has to reschedule the hearing. However, they are required to re-schedule the hearing for the "earliest possible time when the law enforcement officer and the hearing officer will be available". Depending on the severity and extent of the illness, this could mean days, weeks or even months.
As my esteemed colleagues have suggested, contact the DMV and ask them to send you a copy of the EC Packet as soon as possible.
