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LawTalk
LawTalk, Attorney
Category: Traffic Law
Satisfied Customers: 37697
Experience:  I have 30 years experience in the practice of law, including representation of clients in Traffic Court.
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Can I win the dmv (appeal) refusal of chemical test to get

Customer Question

Can I win the dmv (appeal) refusal of chemical test to get my drivers license back the arrest officers fail to show up?
Submitted: 11 months ago.
Category: Traffic Law
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Under NE law, once your license has been revoked for failure to take the test and you ask for a hearing, there is no need for the officer to appear at that hearing unless you subpoena the officer.

If the officer does not appear when you have subpoenaed them, then you can ask the hearing officer to reinstate your license. (The hearing officer has the right to continue the hearing of the officer is subpoenaed and does not show up.) If the arresting officer appears to testify about the arrest, a hearing officer will evaluate the evidence and make a recommendation to the Director of the DMV as to whether the revocation should go into effect or be dismissed.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 11 months ago.
I contest DMV hearings last week and the arresting officer did not show up but the revocked my license and I want to appeal
Expert:  LawTalk replied 11 months ago.

Hi,

If you already had an ARL hearing, then that is it. There is no appeal from the DMV's ARL hearing.

The fact that the officer did not appear is not an issue, unless you subpoenaed the officer to appear. I'm presuming that you did not. Absent a subpoena the officer is never required to be at the ARL hearing and your licensee can be revoked at that hearing of the hearing officer finds against you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 11 months ago.
you mean I can't appeal?
Expert:  LawTalk replied 11 months ago.

There is no appeal from the ARL---at least within the administrative setting. You do have the right to file a “Petition for Review of Administrative License Revocation” in your District Court for the county that you reside in. That is a fully blown civil court petition and is an uphill battle. So yes, you can file suit in District court asking for review of the ARL decision.

Doug

Customer: replied 11 months ago.
Ok
Expert:  LawTalk replied 11 months ago.

Hi,

Is there anything else I can assist you with today?

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 11 months ago.

I sense that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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