One aspect of your Driving Under the Influence case will be the Statutory Summary Suspension of your driver’s license. This suspension will result from either your failure of the chemical test or your refusal to take the test. You are entitled to a hearing to contest your suspension within 30 days of you or your attorney’s filing of the Petition to Rescind Summary Suspension. If the State does not give you a hearing within 30 days after a properly filed petition, then you are entitled to a rescission of that suspension unless a delay of the hearing can be attributed to the defendant. The attorneys at Paulson & Vandersnick can help.
You may win your suspension at a hearing on the merits of your case. You can prove by a preponderance of the evidence that the officer didn’t make an arrest with reasonable grounds to do so or that you weren’t properly read the implied consent warnings among other mistakes the officer may have made in making a mistake in arresting you or administering the implied consent test.
Hearings are often difficult to win on the merits, however, an experienced DUI attorney may increase your odds of winning the suspension by knowing the State’s obligation to provide you with discovery at your hearing. For instance, the State is required to produce the video of the traffic stop at or before the hearing in your case. If the video is lost or destroyed after you request that the video be produced, the State may be sanctioned by the court and the State may not be allowed to introduce evidence that is captured on the video. The court may also fashion a sanction that the Petitioner (driver) be given an inference that the events captured on the video are favorable to the Petitioner, thereby increasing the Petitioner’s chance of winning.
The recently established rule is that if the State delays the Petitioner’s right to a hearing within 30 days because they have not produced a properly requested video, then the delay is not attributed to the Petitioner, but the delay is attributed to the State and they must bring the Petitioner to a hearing within 30 days or the Petitioner is entitled to a rescission.
An attorney who knows the rules surrounding the Statutory Summary Suspension law and procedure concerning hearings and the discovery can drastically increase your odds of having your suspension taken away. If it is your desire to win your hearing then hiring such an attorney is a must. If you need help understanding your options - Contact Paulson & Vandersnick for help.