South Carolina DUI Attorney: Administrative Hearings
An Administrative Hearing is an entirely separate ADMINISTRATIVE proceeding to determine whether or not the suspension of your Drivers’ License after your arrest for a DUI or DUAC was correctly handled by the Arresting Officer and/or Data Master Operator. The basis of an Administrative Hearing is the presumption that when you obtained your South Carolina Drivers’ License, that you agreed to provide a breath, urine or blood sample to any law enforcement agency upon a their request. You only need to request an Administrative Hearing if your Driver’s License has been suspended. An Administrative Hearing is an extremely important piece of the DUI process for the experienced DUI Defense Attorney! An Administrative Hearing is an Official Hearing in front of an Administrative Hearing Officer, who is often an attorney, who presides over that Hearing. Often times the testimony we elicit from the Arresting Officer and/or the Data Master operator at the Administrative Hearing reveals the Fatal Flaws that can be used to negotiate a lesser charge or result in an outright Dismissal of the DUI at or before the Criminal Trial. Almost equally as important is the fact that the Administrative Hearing allows your attorney the opportunity to gauge the skill and experience of the officers involved in your arrest. The Administrative Hearing is a very valuable opportunity to see how each officer will likely perform if the matter proceeds to a jury trial. Often times a strong showing at the Administrative Hearing by your attorney will prompt the arresting officer to be “More flexible” in regard to the charges, rather than face the possibility of having his handling of the matter openly questioned and maybe lose the DUI trial. Occasionally, after a successful Administrative Hearing where several strong arguments are made by your attorney, that the officer is very willing to accept the suggestion of a dismissal of the DUI and offer a plea to a reduced charge. The Defendant is not required to be present or to testify at the Administrative Hearing. We prefer our clients to be absent from the Hearings, so as not to trigger any independent recollection to the officers, whereby they may include in their testimony something not otherwise noted in the original report, that hurts our client. The Administrative Hearing Officer will generally make a decision within thirty days, depending on their caseload and travel schedule. The Importance of the Administrative Hearing: In either of the above instances, the Administrative Hearing will have provided very valuable insight into the strengths and weaknesses of the State’s case against the Defendant. If their testimony changes from the Administrative Hearing to the Motion Hearing or Jury Trial, then their credibility in regard to the entire case comes into question.
DUI Lawyers & Law Firms in Charleston, SC
Carroll Law Firm in Charleston, South Carolina, handles DUI defense and cases involving: Driving under the influence; Felony DUI; Prescription DUI arrests; Administrative license suspensions; Conviction suspensions; Traffic offenses; Drug charges; and other criminal matters. If you are in need of a Charleston Criminal Lawyer or a Charleston DUI Lawyer we are the law firm you can trust. A general practice law firm focusing on family court litigation and non-litigation dispute resolution, criminal law and DUI defense, and serious personal injuries. A Charleston, SC law firm representing clients in State and Federal Court in the areas of DUI defense, criminal defense, and personal injury. Timothy Kulp is a former FBI Special Agent with 34 years of legal experience including his former roles as an Assistant Solicitor for the Ninth Circuit, a…. McCoy & Stokes, LLC Charleston, SC 29401Criminal Defense, Personal Injury & Family Law Firm in Charleston, SC 628-2855. McCoy and Stokes Law Firm of Charleston, South Carolina provides clients throughout the area with representation and counsel in matters of criminal defense, personal injury and family law. The Mikell Law Firm is a Charleston, South Carolina based law firm offering comprehensive and aggressive legal services in the areas of criminal defense and DUI. The firm is committed to personal attention, responsiveness, and fighting for our clients. At Sanders Law Firm, their goal is twofold: to achieve the best outcome possible for clients under the law and to use their expansive knowledge and experience to the clients benefit. DUI laws have gotten tough on drunk drivers, carrying stiff penalties even for a…. Bluestein, Johnson & Burke, LLC Mount Pleasant, SC – Law Firm near Charleston Charleston County Personal Injury Attorney 571-7161. Charlie Condon Law Firm, LLC is a criminal defense, personal injury, and government relations/administrative law firm located in Mount Pleasant, South Carolina and serving clients in the Charleston, Berkeley, and Dorchester communities. We have over 30 years of combined experience with family Law, criminal defense, DUI defense, personal injury claims, employment law, and business law. The Law Office of Jack W. Swan, LLC provides legal representation in several areas of law. The main focus areas of the firm are dealing with personal injury law, criminal law, social security disability, and many more. It deals with various criminal defense issues such as criminal domestic…. Maron Law Group LLC Mount Pleasant, SC – Law Firm near Charleston Family Law in Charleston, South Carolina 998-0644. The Maron Law Group is a small law firm located in Charleston, South Carolina that focuses primarily on family law.