What Happens During A DMV Hearing In Rockland County?

A DMV hearing in New York might seem like a daunting prospect, but it’s easier to approach this undertaking alongside a qualified traffic offense lawyer in Rockland County. You might also feel more confident about this process once you learn more about how it all works. What exactly happens during a DMV hearing? How can you defend yourself effectively? What can you expect? Here’s what you should know: 

Why Might You Need to Attend a DMV Hearing? 

You might need to attend a DMV hearing if you have been accused of various traffic offenses. These might include DWIs, test refusals, distracted driving, and so on. In many cases, you will need to attend a DMV hearing after being accused of wrongdoing – and this provides you with an opportunity to push back against various allegations. Success in a DMV hearing can be rewarding – potentially helping you avoid serious consequences like license revocation.

DMV Hearings May Involve Various Forms of Evidence 

One of the most important things to remember about DMV hearings is that you are presumed innocent until proven guilty. In other words, the person who accuses you of wrongdoing must prove that you actually committed a traffic offense. If they fail to accomplish this goal, you shouldn’t experience any consequences for your alleged traffic offense.

Ultimately, this means that most DMV hearings will revolve around various forms of evidence. Perhaps the most obvious form of evidence in a DMV hearing is police testimony. The officer who arrested you or issued you the ticket will usually testify, and the judge or clerk will carefully examine their statements.

At this point, your lawyer might have an opportunity to question the officer after their statements – also known as “cross-examining.” An experienced lawyer can use this opportunity to expose inconsistencies in the officer’s story.

You can also bring witnesses to testify on your behalf. For example, you might contact an eyewitness who saw a collision you allegedly caused while speeding. This witness might remember you traveling at a normal speed, and their testimony may help during the hearing.

What Is the Burden of Proof in New York DMV Hearings? 

In order to convict you of a particular traffic offense, the DMV must determine that there is “clear and convincing” evidence against you. This is called the “burden of proof.” Although this threshold is lower than “beyond reasonable doubt,” it is higher than a “preponderance of evidence.” While the exact percentage is not exactly clear, most agree that “clear and convincing” evidence must suggest a 75-85% likelihood of guilt. 

Find a Qualified Lawyer for DMV Hearing in Rockland County 

If you’ve been searching for a qualified traffic violation lawyer, look no further than Phillip J. Murphy, Attorney at Law. With our help, you can strive for positive results during your hearing. We’ll represent you effectively and tell your side of the story as you defend yourself against allegations of speeding and other traffic offenses. Book your consultation today to get started with a defense strategy.

Sources

dmv.ny.gov/brochure/traffic-violations-bureau#:~:text=The%20Judge%20will%20listen%20to,to%20better%20understand%20their%20testimony.

law.cornell.edu/wex/clear_and_convincing_evidence