What is an ALR hearing and why is it important to request one?
ALR stands for Administrative License Revocation and this is a hearing in which you may attempt to save your driving privileges. Within 15 days of your arrest, you must request a hearing to contest your license suspension.
ALR Hearings
What is an ALR hearing and why is it important to request one?
ALR stands for Administrative License Revocation and this is a hearing in which you may attempt to save you driving privileges. Within 15 days of your arrest, you must request a hearing to contest your license suspension.
What must the Department of Public Safety prove at this hearing?
If you refused to submit to chemical testing at the time of your arrest, DPS must prove:
(1) that reasonable suspicion or probable cause existed to stop or arrest you;
(2) that probable cause existed to believe you were operating a motor vehicle in a public place while intoxicated; and
(3) that you were placed under arrest by the officer and were requested to submit to the taking of a breath or blood specimen;
If you are alleged to have failed a breath or blood test, the State must prove the following:
(1) that you had an alcohol concentration of .08 or more while operating a motor vehicle in a public place and at the time of testing
(2) probable cause existed to stop you.
How can Sumpter & González help me with the ALR hearing?
When hired in time, we request this hearing for you. Regardless of who requests the hearing, we always attend these hearings. At the hearing, we question the arresting officer to contest the suspension of your license and make legal and factual challenges to the items listed above.
We also view this hearing as our first chance to how the arresting officer stands up to cross-examination regarding your case and find out what he or she remembers and says about you. We then use this information to prepare your defense for trial or negotiations with the prosecutor.
What happens if my license is suspended?
If your license is suspended, you may be granted an occupational license which allows you to drive to places such as work, school, child care, and the grocery store.
What if I don’t request a hearing in time?
If you do not request a hearing, the suspension will go into effect 40 days from the date the notice was sent. A fee of $125 will be charged to reinstate the license after the suspension period expires. |