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Staying a Suspension
The suspension will be stayed if, within fifteen days of the date of issuance, the driver requests either a summary review or, Motor Vehicle Department hearing.

If summary review is requested, the driver submits a written argument as to why his/her driving privileges should not be suspended. Driving privileges shall remain in effect for at least twenty days from the date of the request. The documents will be reviewed without a hearing and the driver will be notified of the decision.

If a hearing is requested, the suspension is stayed and the driver is considered to have a valid license at least until the day of the hearing. The hearing will usually take place in the county in which the driver resides, unless the officer requests otherwise. 

Motor Vehicle Department Hearings
Motor Vehicle Department hearings usually occur before any criminal trial. The rules of evidence that normally apply at a criminal trial do not apply at these hearings. This is an administrative hearing and the driver has the right to be represented by legal counsel during the proceeding.

In the case of a refusal, the purpose of the hearing is to determine whether there are sufficient grounds to revoke the driving privileges of the driver, based upon the following:

whether or not the officer had reasonable grounds to believe that the person charged was driving a vehicle while under the influence;
that the person was placed under arrest;
that he/she was informed of the consequences of refusal;
and that he/she did not successfully complete the chemical test(s).
In a non-refusal case where the driver completed the chemical test(s), the state must prove by a preponderance of the evidence that;  

Your Tucson DUI attorney wants you to be well informed. We are providing this summary of Arizona DUI Law to keep you informed of your rights and responsibilities. By knowing the law, you can know your rights.

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Trezza & Thrush
4011 E. Broadway, Suite 101, Tucson, Arizona 85711
Phone: 520.327.3442 / Fax: 520.327.0125
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