Administrative Suspension Hearing
Assuming the license holder makes the demand for a hearing within the statutory period, a hearing is scheduled. The nature of these vary considerably from state to state. In some states, the hearing takes place in court before a judge. More commonly, however, an administrative hearing will be conducted by the state's department of motor vehicles. The procedures for these administrative hearings vary as well. In some, the hearing will be presided over by an Administrative Law Judge (ALJ), the state's case will be presented by a prosecutor, and the officer will be required to testify. In a growing number of others, such as California, the role of "judge" and "prosecutor" are filled by one person—a DMV employee with no legal training—and the DMV's case can consist of no more than the arrest report; if the licensee wishes to cross-examine the officer, he must subpoena him and pay for his salary.
Read more about this topic: Administrative License Revocation
Famous quotes containing the words suspension and/or hearing:
“If the oarsmen of a fast-moving ship suddenly cease to row, the suspension of the driving force of the oars doesn’t prevent the vessel from continuing to move on its course. And with a speech it is much the same. After he has finished reciting the document, the speaker will still be able to maintain the same tone without a break, borrowing its momentum and impulse from the passage he has just read out.”
—Marcus Tullius Cicero (106–43 B.C)
“We can say that the sound is the primary object of the act of hearing, and that the act of hearing itself is the secondary object.”
—Franz Clemens Brentano (1838–1917)