Administrative License Suspension Hearings In NH
When you leave the police station following your DUI arrest, you will likely have at least two papers in your hand. The first paper will be a yellow copy of your bail conditions.
The second is a pink paper. This pink paper is called an Administrative License Suspension (ALS) form. It acts as your temporary driver’s license for the next 30 days. Once those 30 days are up, your license will automatically be suspended by the NH DMV.
However, if you read the back of the pink ALS form, you will see that it tells you that you have a right to request a hearing within 30 days. The purpose of that hearing is to contest the DMV’s suspension of your license. Attorney Shepherd will always request this hearing on your behalf if you have retained them before the 30 days are up.
Once the hearing is requested, it is usually scheduled to take place at the DMV Bureau of Hearings in Concord, a few weeks later. The hearing is such that you, your attorney, and the police officer who arrested you must appear. The hearing is recorded and all witnesses who testify will do so under oath. The hearing is presided over by a Hearings Examiner. A Hearings Examiner is basically an administrative judge who decides whether to suspend or re-instate your license, based on what he/she hears at the ALS hearing.
Should I Testify At The Hearing?
During the hearing, the police officer will tell his side of the story. He will testify as to why he stopped you, why he thought you were impaired, why he arrested you, and whether or not you agreed to take any tests following your arrest (breath, blood, or field sobriety tests). After he has finished telling his side of the story, Attorney Shepherd will ask him lots of questions that are strategically pertain to your specific case.
After your attorney is done with the officer, you will be given a chance to testify and to tell your side of the story if you wish. Sometimes it is a good idea for you to testify, sometimes not. Every case is different and it is something that Attorney Shepherd will discuss with you before your hearing.
After the hearing is done, the Hearings Examiner will take a few days to decide whether to suspend or reinstate your driving privileges. If you have been arrested for a DWI and have questions about the ALS/DMV process, then please call or e-mail us.