A DMV set-aside after a license suspension is an order used to inform you that the DMV has canceled its previous decision to suspend your license and that your driving privileges have been reinstated. It is issued by the California Department of Motor Vehicles.
You will only receive this document if you have applied to have your suspension reversed and your case meets the eligibility requirements.
There are several things you need to know about a DMV set-aside after a license suspension, and a Los Angeles DUI lawyer can help. They’ll tell you when a set-aside order is likely and how the DMV decides whether a suspension should be overturned.
What You Should Know About DMV Set-Aside After a License Suspension
A DMV order of set aside isn’t automatic, and it also isn’t guaranteed. There are several things you need to know about this process. This includes:
You Have to Apply for a Set-Aside
If your license was suspended when it shouldn’t have been, you still have to apply to have this decision overturned. The DMV requires you to fill out a formal request, after which they will review your case and decide whether to cancel the suspension.
You Must Meet Eligibility Requirements
Just because you’ve had your driver’s license suspended does not mean your case qualifies for an order of set aside. The DMV will only consider reversing the suspension if there are legal grounds to do so. For example, if you have challenged their decision based on insufficient evidence and won.
You Must Attend a DMV Hearing
If you’ve been arrested for driving under the influence, the officer will initiate the license suspension process. They will confiscate your driver’s license and issue a notice of suspension. Afterward, you will have 10 days from the date of the arrest to challenge this at a DMV hearing.
When you attend the hearing, you are given the opportunity to present your evidence and explain why the DMV should consider issuing a set-aside order.
Deadlines are Strict
The DMV is strict with its deadlines, and failing to meet them can make it harder to defend yourself and obtain a set-aside for your license suspension. Failing to schedule a hearing within that 10-day timeframe may lead to automatic suspension, limiting your options going forward.
A Lawyer Can Support Your Case
You don’t have to face a DMV hearing on your own. A DUI lawyer can support you through this entire process, giving you a better chance at success. They’ll speak on your behalf and make sure every deadline is met, so you don’t miss anything.
What Happens When a DMV Set-Aside is Granted?
If your DMV hearing was successful, you should receive an order of set-aside. This means the DMV did not find substantial evidence to support the original suspension, and it will be overturned.
Reinstatement of your driver’s license should follow, and the suspension will no longer appear as an active action against your driving privileges.
Because a set-aside forms part of the administrative process, it only deals with your license suspension. That means it will not have an impact on how a criminal case, such as a DUI, might proceed, and you should continue to prepare for this part of your case.
Reasons Why DMV Set-Aside Orders are Denied in California
There is no certainty that you will receive a set-aside for your license suspension. Missing deadlines and a lack of evidence can make it harder to gain approval, so a strong argument is a necessity.
Here are some of the main reasons these orders are often denied:
- Missed deadlines: If you miss that 10-day timeframe for requesting a hearing, your license could be automatically suspended with no room to challenge it.
- Lack of evidence: When reviewing a license suspension, the DMV will look at details of the arrest and how it was handled. If you don’t have enough evidence to show this process was unlawful, your set-aside could be denied.
- Incomplete filings: Filling out a form incorrectly or forgetting to submit a specific document could impact your request and lead to denial.
- Failure to show up to hearings: You may have met the deadline to request a hearing, but if you don’t turn up, the suspension will likely remain in place.
- Chemical test results: If your chemical tests accurately show that your blood alcohol concentration (BAC) level was 0.08% or above, the DMV probably won’t grant a set-aside.
Because there’s so much room for error, the best thing you can do is hire a DUI lawyer. They’re on the ball when it comes to meeting deadlines and filing documents. Plus, they can defend you in the hearing and take care of the entire process for you.
Connect with Los Angeles DUI Lawyer
There’s a lot to know about a DMV set-aside after a license suspension. And if you’re unfamiliar with the process, you may end up making costly mistakes. To make sure this doesn’t happen, consider hiring a DUI lawyer.
At Los Angeles DUI Lawyer, we can put you in touch with an experienced lawyer who knows exactly how DMV hearings work and what steps you need to take for a more successful outcome.
Contact us today to discuss your case in further detail and get peace of mind now.
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