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Administrative Review Hearing in Nevada

After a DUI conviction your license will be suspended and an offender has the right to contest the license suspension through way of a DMV administrative hearing. DMV hearings are not mandatory and an offender can opt not to have one if he chooses. However, if an offender chooses to fight the suspension, the individual must request an administrative hearing with the DMV and failure to do so could result in automatic loss of right to drive in the state. Administrative hearings are completely separate from any civil or criminal case and have no impact on the outcome of a civil or criminal case. Administrative hearings are conducted in a similar manner as civil and criminal cases in which the judge issues a verdict. However, DMV cases are much more difficult to win than criminal cases in that in a criminal case the prosecution must demonstrate the defendant is guilty beyond a reasonable doubt, where as in DMV cases, the state need only prove a preponderance of the evidence standard.

The deadline for requesting a hearing varies depending on the type of case and usually occurs four to seven months after the initial arrest.

The following is a list of what to expect during an administrative hearing according to the Nevada DMV:

  • Witnesses testify under oath
  • Witnesses may be cross-examined
  • The judge may subpoena witnesses or evidence.
  • The judge many consider physical evidence
  • The judge may consider settlement offers.
  • The judge must consider all appropriate statutes, regulations and case law.
  • The judge may or may not issue an immediate ruling, depending on the complexity of the case
  • Casual dress is acceptable, but dress should be appropriate for a court hearing.
  • Abusive or disruptive behavior or any sign of intoxication will not be tolerated.
  • There are no fees for the hearing
  • Hearings are open to the public and recorded on audio tape

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