If Your Suspension Is Overturned at the Hearing

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Administrative Hearing - Interruption

The purpose of an administrative hearing is to contest the department'due south suspension of your driving privilege. Laws regarding the State'southward mandatory insurance and fiscal responsibility laws can be found in Alaska Statutes 28.20 and Alaska Statutes 28.22. Requesting a hearing delays the suspension of your driving privileges pending the decision of the hearing officer. Your hearing must address specific reasons (bug) regarding the interruption of your driving privilege. The hearing officer cannot overturn the section's suspension considering yous demand your license to drive to piece of work, school, or need it for any other purpose. The hearing officer tin can but consider the following issues during the hearing:

Non-Compliance with the Mandatory Insurance Laws

1. Whether you lot were driving a vehicle subject to registration that was involved, in any fashion, in a collision which resulted in bodily injury or expiry of whatsoever person, or damage to the property of a person in excess of $501.00; and
2. Whether you had motor vehicle liability insurance or a certificate of self-insurance in event at the time of the standoff every bit required by the mandatory insurance police.

Whether or not the collision was your fault is Non a relevant issue for a mandatory insurance hearing and the hearing function cannot consider it.

Non-Compliance with the Financial Responsibleness Laws

In addition to the above issues, the fiscal responsibleness hearing likewise includes two other issues:

1. Whether the exceptions to the fiscal responsibleness law listed under Every bit 28.20.060 apply to yous; and
2. Whether there is a reasonable possibility that a judgment for coin damages volition exist rendered against you in a court of police force.

Alaska's requirements for driving privilege reinstatement include the payment of fees and proof of fiscal responsibleness for the future (besides know past grade number - SR-22). Reinstatement is required by law. The hearing officer has no authority to decide that the reinstatement requirements should not utilise to y'all.

Frequently Asked Questions

What happens at a Hearing?

A hearing officeholder will explain the hearing procedure, review the information in the country file, and enquire if you have any questions. A hearing officer will and so swear in any witness(es) and have testimony. This is your opportunity to present your side of the story. A hearing officeholder may inquire questions. Later on reviewing all the evidence, the hearing officer will shut the hearing. The hearing officer will make a determination after the hearing and documentation will be mailed to y'all and, if applicable, your attorney. The hearing officer will utilize a preponderance of prove standard. If the hearing officer decides in your favor, the revocation or cancellation will non have effect. If the hearing officer decides confronting you lot, the revocation or cancellation volition go into effect for the minimum period of time based on your driving record.

How volition I know when the hearing is scheduled?

You volition receive a notice of the hearing that lists the date and time of the hearing. On the contrary side of the hearing detect is a "notice of policy." This policy provides y'all with data concerning prove, subpoenas, records, and continuances. Please read this form. For some hearings, the lesser of your hearing notice contains a "temporary license." That temporary license portion tin be torn off and carried equally your temporary driver'due south license. If "no temporary license" is issued to you, yous cannot drive. If yous have questions about your temporary license, you should contact Anchorage Driver Services.

What if I change my listen most a hearing?

If you ask for a hearing and afterward decide you don't want information technology, yous tin can withdraw your asking. If you decide to withdraw your request, please notify Anchorage Driver Services, in writing, as presently as possible. In one case your written request to cancel the hearing is received, your temporary license is canceled and the revocation or cancellation of your license begins. If yous are convicted in court prior to the hearing date, the court must revoke your privilege to drive. Yous must besides give up the temporary license to the approximate. If following a conviction, you no longer desire to competition the department's revocation, you should notify Anchorage Driver Services, in writing, of your intention to withdraw your hearing request.

What if I don't bear witness up for my hearing?

If you asking a hearing and neglect to respond or attend the hearing, your right to a hearing is waived and the revocation or cancellation will go into result.

Practise I need a lawyer?

Yous accept the right to take a lawyer, or any person of your choice, help you with the hearing. Not all cases require legal assistance. If your example is complicated y'all may need a lawyer. If you are going to hire a lawyer, don't wait until the hearing is scheduled. Hire a lawyer right away. Your lawyer will need time to gear up your example. If you rent a lawyer, let the hearing role know immediately and so that a notice of the hearing can be sent to your lawyer.

What if I disagree with the hearing decision?

If you disagree with the hearing officeholder'due south decision, you lot can appeal the decision to the Superior Court.

Tips that may aid you in the hearing

• Be prepared.
• Write down the points you want to cover in your testimony.
• Gather your written prove together and postal service copies to the hearing role to arrive at least 10 days earlier the hearing.
• Talk to your witness(es) equally shortly as possible.
• During the hearing, don't try to testify until it'southward your turn.
• Don't interrupt those who are testifying.
• When yous testify, tell the truth. Don't approximate if you're not certain.
• Try non to repeat yourself.
• Brand sure the bear witness you present concerns the issues.
• Don't debate or get aroused during the hearing; you will exercise a much better job of presenting your case if yous stay calm.
• Participate in the hearing.
• Exercise your rights. It is your chance to tell your side of the story.

What if all I really want is a "Express License" for work purposes?

If you are not contesting the revocation, there is no need to request a hearing. You may apply for a Limited License for piece of work purposes simply by completing the requirements on the application grade and paying the non-refundable processing fee of $100.

1st offense of DUI and second or more than offenses of the under 21 violation of driving later drinking. Express licenses tin can simply be issued for the concluding 60 days of a revocation.

Multiple offenders (misdemeanors only, no felony drunkard driving)

Express licenses are available after the first 90 days and yous volition be required to obtain an Ignition Interlock Device (IID) simply prior to issuance of the Limited License.

Express license applications tin can be obtained online at Alaska.gov/dmv or at most DMV offices. Make sure you use the correct class. There are no Limited Licenses bachelor for driving a commercial vehicle, cancellation of driving privileges or Refusal to submit to a chemical test.

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Source: https://doa.alaska.gov/dmv/akol/susp.htm

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