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Dmv hearing chances

Bankruptcy and Debt 1 views 4 answers
Over 21, BAC .07, was pulled over because I was speeding. First offense and clean record. Officers gave me the pink slip, but didn't take away my license. I hired a lawyer who set up a hearing and will represent me. But since my BAC was .07 does that make a difference in the hearing? I heard some say the DMV can't suspend the license without a BAC over .08, though others say differently. (of course I know the courts are another story)

Attorney Answers

4
Andrew Roberts ·
If your BAC evidentiary results was under .08 you are in a good position to fight the DMV suspension. Check the rules.
0 upvotes
Robert Driessen ·
The odds are goods that you will win your DMV hearing. The issue I see is that you have an attorney but do not have faith in them to answer these simple questions. Are you sure you hired the right attorney to represent you. Robert Driessen
0 upvotes
Julie Crawford ·
If your evidentiary test was .07 (this is not the test you took on the scene -- it's the one you took after being arrested) the DMV will automatically set your case aside. In other words you will win your DMV case. Every breath test has two readings. You need to know what the other reading was. If it's a blood test that is a .07 then, as I said, you will win. You need to get more information from your lawyer and get a copy of your police report and your chemical test results so that you are informed about your case.
0 upvotes
Manny Daskal ·
The DMV may only proceed if the BAC is a .08 or greater. that is theri statory authority.
0 upvotes

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