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Anyone who has dealt with the DMV knows that it is a world that scarcely resembles anything normal. DMV Hearings in DUI case (called ADMIN PER SE hearings) are no different. First, there's the setting: the Hearings take place in the office of the Hearing Officer, at DMV. Oh, did I mention that the hearing officer is ALSO the prosecutor? And the Judge. Yes, it's as if you got arrested, went to trial, and they took you to the police station for your "trial." And then, when it is time to call the jury, they walk in: ALL COPS!!! Yes, these hearings can be hard to win, to say the least.
The good news is that DMV hearings are hyper-technical in nature. Some circumstances that would not cause a dismissal in the criminal case can force a "set-aside" from DMV. These "loopholes" may often seem insignificant at first glance, but can often be applied to the driver's benefit.
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