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What is an Administrative Suspension Hearing in a DUI Case?
Understanding Administrative Suspension Hearings for DUI
Being arrested for driving under the influence is a terrifying moment for anyone, and it only gets worse when you’re taken into custody. Unless you already work in an industry within the law or you’ve been arrested before, chances are good you have very little familiarity with the law. What happens when you’re taken into custody is overwhelming, and the fear of what happens next overtakes many people accused of DUI. Depending on the state in which you live, the laws vary. Some states immediately suspend your license following the arrest for a DUI, and there is no arguing this case. If your blood alcohol level comes back over the legal limit, your driving privileges are immediately revoked. If you choose to fight this suspension, you can request an administrative license suspension hearing, which you’ll want to know more about.
What is an Administrative Suspension Hearing?
When your license is suspended following a DUI arrest, you can send a letting to the Department of Driver Services in your state. This letter can explain what happened, why you would like to challenge the suspension of your license, and any proof or evidence pertaining to this request. You must write and send this letter within so many days of you arrest and the suspension of your license depending on the laws in the state where you reside.
The letter is all it takes to stop your suspension for the time being. You are free to continue driving while you wait for an Administrative hearing in front of an Administrative Law Judge. The law varies by state, but this hearing is typically scheduled anywhere from 30 to 60 days following the request you send. This allows your attorney the time he or she needs to find the evidence to support keeping your license without suspension. It also provides time for you to get the facts straight regarding your DUI arrests.
Your attorney works to negotiate a settlement term with the arresting officer that might allow you to keep your license even when your criminal case it taken to court and a punishment is issued for your DUI. The arresting officer will sign documents stating that the agreement is one he or she is willing to accept, and your license might remain intact following the hearing.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Why Bother?
The reason it’s imperative to consider an Administrative license suspension hearing to keep your license active is to allow you to drive. You might not realize just how long a case like this could take. It’s not a priority to any judge, which means it might be pushed back regularly until the judge has a clear schedule to hear your case. If your license is suspended, it could take months to have it reinstated if this occurs. You most likely have a job, kids, and other obligations in your life that require you have a license. It’s time to keep your license so you can commit to these things.
There could be numerous provisions issued on your license suspension. An arresting officer might agree to forgo the request to fully remove your license suspension to allow only certain types of driving. He or she might sign paperwork agreeing to allow you to keep your license so you can drive to work, drive your kids to school, and drive in an emergency situation. You will not be permitted to drive for fun, to take a trip, to run errands, or do anything else not related to the provisions on this request.
You won’t know what might be open to you if you don’t sign this letter and mail it to the appropriate government agency in the allotted time frame. You have very little time to handle this accordingly, which is why contacting an attorney right away is your best course of action. As soon as you are arrested for a DUI, call our offices to discuss your case with a licensed attorney well-versed in the area of DUI law. Say nothing until we arrive to guide you through the arrest process, and we will immediately begin working on your case. Our job is to help you to the best of our ability.