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A DMV Hearing Officer plays both judge and prosecution at a DMV Hearing. Now what is required to be a DMV Hearing Officer? Well you would think maybe time spent as a judge on a bench or at least some time spent as a lawyer would be required. Nope! You know that person behind the counter at the DMV who has no problem or care in the world about your life, children and responsibilities as a productive member of society as they make decisions and take action making you miserable as you simply try to renew your driver’s license or car registration? Well treat them nicely in the face of this adversity because you maybe talking to a future DMV Hearing Officer.
It’s true. The DMV Hearing Office is not a judge or a lawyer. They are simply a long term DMV employee who has passed some tests at the DMV and worked their way up the administrative ladder.
Think of it like playing a sport or game and your opponent is comprised of the referees or umpires officiating the very game you are participating in. An obvious conflict of interest exists in the hearing.
But, DMV hearings are winnable. A trained DUI / DWI criminal defense lawyer knows how to attack this hearing and obtain a Set Aside of the suspension. A Set Aside of the suspension is essentially a win on the DMV side of the case.