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Any advice for representing myself at my Administrative hearing for a DUI?
Anonymous4 views3 answers
I have my admin hearing tomorrow regarding losing my license. I requested video of the night but haven't watched it and am wondering if I should, and if so, what should I be looking for to help my case? Him reading the implied consent advisory completely and correctly? Anything else? Also, on the DC-27 the officer didn't check the box saying he gave me the form directly. Everything else was filled out. I have the reports including the test with the Intoxilyzer model 8000. Is there anything I should look for that might demonstrate it was not working properly? Or anything else not filled in correctly?
I am not hiring a lawyer, and am getting a diversion. However, any advice would be greatly appreciated including how the hearing will go and what to expect. Thank you so much.
My advice would begin by telling you to hire a very good DWI lawyer. However, since you will not hire a lawyer, you should be familiar with the administrative code, transportation code and penal code for your jurisdiction. You should also review all relevant cases pertaining to the issues you cited as well as general stop and seizure law, 4th and 5th Amendment issues as well as all of your state's DWI case law. This will help you identify additional issues that you may not have considered and which only experience and knowledge of DWI law will teach you.
Finally, master the technical aspects of the Intox 8000 and be sure to familiarize yourself with it's known defects and the software limitations.
Might be a good idea to brush up on cross examination techniques and mastering a case presentation to a judge in order to be more effective at conveying your witnesses thoughts.
You only get one shot to win these so you want to be as prepared as possible for any eventuality. These hearings are fraught with traps and tricks for the average person however the judge will expect you to proceed and be as knowledgable about the procedures as any lawyer, so you must be prepared.
This is one of the most technically demanding areas of law. Good luck!
Study and then practice up on cross examination techniques and mastering a case presentation to a judge. Take several practice sessions to do mock cross examinations. This is what the best do, and you should if you are dead set on trying this yourself.
The ability to hone in on your presentation through a skilled cross examination is the key to success in these administrative hearings. Remember, the police officer will have had lots and lots of experience testifying. His skill needs to be disarmed in the first two or three questions so you, as cross examiner, take control of the testimony.
