DMV Hearing Officers and Probable Cause

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Questions and Answers

Which act governs DMV proceedings, including per se hearings?

The Driver's License Act

The DMV Procedures Act

The Uniform Administrative Procedures Act (UAPA) (correct)

The Per Se Hearings Act

What is the purpose of per se hearings?

To assert Fifth Amendment rights

To determine the length of license suspension

To handle police report reviews

To provide valuable experience in examinations and witness presentation (correct)

What is the evidentiary standard under the UAPA?

High evidentiary standards, requiring strong evidence for admission

Low evidentiary standards, allowing almost anything to be admitted as evidence (correct)

Moderate evidentiary standards, requiring some evidence for admission

No evidentiary standards, allowing any evidence to be admitted

What happens if a driver refuses a breath test?

A longer license suspension compared to failing the test Signup and view all the answers

What is the punishment for a first arrest for DUI?

A 45-day suspension Signup and view all the answers

Under the UAPA, is hearsay admissible in per se hearings?

Yes, hearsay is freely admissible Signup and view all the answers

What is a driver's license considered under the UAPA?

A privilege, not a right Signup and view all the answers

What can be inferred from asserting Fifth Amendment rights in civil proceedings under the UAPA?

Negative inferences Signup and view all the answers

How are per se hearings conducted?

Via WebEx or Zoom, with the hearing officer playing the roles of judge and prosecutor Signup and view all the answers

How long can per se hearings last?

As little as two minutes Signup and view all the answers

Which case changed the standard for probable cause in vehicle stops?

Fishbein versus commissioner Signup and view all the answers

What is the minimum requirement for hearing officers at the DMV to make an arrest and suspend a driver's license?

Probable cause Signup and view all the answers

Why are hearing officers discouraged from giving back licenses based on probable cause issues?

To avoid civil rights lawsuits against the police department Signup and view all the answers

What is a potential bias that hearing officers at the DMV may have?

They are attorneys Signup and view all the answers

Who is the longest-standing hearing officer known for being fair and holding the state to their burdens?

Brian Carey Signup and view all the answers

Who closed their practice to become a hearing officer and may be more inclined to rule in favor of the DMV?

Steve Barron Signup and view all the answers

Which hearing officer is located in the Hartford area and has a name that should be pronounced correctly?

Garlene Dumont Signup and view all the answers

What can help with client control and the outcome of the case during DMV hearings?

Building a good rapport with hearing officers Signup and view all the answers

Which issues are included in DMV hearings?

Probable cause to arrest, being placed under arrest, being read the implied consent warning, and failing or refusing a chemical test Signup and view all the answers

Study Notes

Overview of DMV Hearing Officers and Probable Cause Issues

Fishbein versus commissioner is a significant case that changed the standard for probable cause in vehicle stops.
Hearing officers at the DMV only need probable cause to make an arrest and suspend a driver's license.
Hearing officers are discouraged from giving back licenses based on probable cause issues to avoid civil rights lawsuits against the police department.
Hearing officers are attorneys who are paid a day rate and receive retirement benefits, making their jobs coveted and potentially biased towards the DMV.
Brian Carey is the longest-standing hearing officer, known for being fair and holding the state to their burdens.
Francisco Cardona is a relatively new hearing officer, currently handling remote hearings from Norway.
Steve Barron closed his practice to become a hearing officer and may be more inclined to rule in favor of the DMV.
Garlene Dumont is a hearing officer in the Hartford area, and it is important to pronounce her name correctly.
Building a good rapport with hearing officers can help with client control and the outcome of the case.
There are also hearing officers for license restoration hearings, but it is unclear if they will be covered in this context.
Emailing hearing officers to request a change in hearing time may be accommodated if there are no conflicts.
The four issues in DMV hearings include probable cause to arrest, being placed under arrest, being read the implied consent warning, and failing or refusing a chemical test.

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Description

Test your knowledge on DMV Hearing Officers and Probable Cause Issues with this informative quiz. Learn about significant cases, the role of hearing officers, potential biases, and important factors in DMV hearings. Gain insights on building rapport, requesting changes, and the key issues addressed in these hearings.