How to Appeal a Suspended Driver's License in Louisiana

 

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Suspension of your driver's license is one of the penalties that you are liable to face if you are found guilty of DWI. If you are arrested for a DWI, you will be facing two legal actions as supported by the law. First, a criminal proceeding will be used to convict you if you are found guilty, or more accurately, to determine whether you are guilty or not. Another is the administrative proceeding which is to be carried out by the Department of Motor Vehicles (DMV). It is the legal action handled by the Department of Motor Vehicles that can lead to your license's suspension.

Offenses that can lead to the suspension of a driver's license in Louisiana are:

  • Driving with an already suspended license can further increase or lengthen the suspension
  • Driving an uninsured vehicle (motor vehicles in Louisiana are expected to be insured)
  • Texting and driving
  • Careless or reckless driving
  • Felonies with the involvement of a vehicle
  • A conviction of DWI/DUI
  • Refusal to take a blood test/ breathalyzer

Note that before any suspension, you must have gotten a mail of suspension letter from the Department of Motor Vehicles, pointing out the reason for your suspension. Not getting the mail is a strong point of appeal, though it almost never happens.

 

Appealing A Suspended Driver's License

Before going into the necessity for appealing a suspended driver's license, this is also important to know, as it has been used as a trap to convict many arrested persons. One of the tricks used by the police officers is questioning the arrestee to get words that can be used against such an individual. It is good for you to mind your words if you are arrested, to avoid falling to their tricks. Giving out too much information might make the future appeal ruined, though you may not know it.

Also, have in mind that your license does not get suspended automatically if you are arrested for a DWI in Louisiana. The defense for your probable license suspension starts right from the very first minute of your arrest. So, whether you've been failing your defense right from that point or not, here are the things you should do which are explained in two parts:

1. Get A DWI Attorney to Aid You in the Proceeding

After your arrest, the Louisiana Department of Motor Vehicles should expectedly issue you a 30-day temporary license valid till the day your suspension hearing will be held. If your suspension resulted from a DWI, you have 15 days to apply for a hearing. Failure to file an administrative hearing within these 15 days will make you lose the right to do so any other day after. But if other suspensions, you have 30 days.

Starting from the day of your arrest, you have 15 days to demand an administrative hearing with the hope of getting back your license as just recently mentioned. This is where you will be needing the service of a professional attorney like Carl Barkemeyer of Baton Rouge, who is experienced, licensed, and proficient in defense of his clients. You could lose your driving license for up to a year, followed up with other fines, so you can't just entrust the case to any lawyer.

With a vast knowledge and understanding in court procedures like that of accusations for a DWI, Carl Barkemeyer in Baton Rouge can help you against the conviction of the Department of Motor Vehicles in Louisiana, as he has succeeded with his other clients. Committing the case to a good attorney is an essential step you can't afford to make a mistake in. That is what a professional attorney like this Baton Rouge's is for: to take up the responsibility and save you the worry, whilst being accountable with a genuine service.

2. Get as Much Information and Evidence as You Can

During your appeal, what can save you with the help of a professional attorney like Carl Barkemeyer is the information you give and evidence you are able to provide to justify yourself. An attorney proficient in issues of license suspension will then know how to use them in your favor.

Get information and pieces of evidence that can help you avoid the suspension as much as you can. And if a witness is available, you can arrange for them to be present during the appeal. This will further help you from preventing your license's suspension or revocation.

As a common citizen, there are laws you don't understand which can be used against you. But with an attorney that understands the whole court procedures, such laws can be interpreted to you. For example, if a law is misinterpreted or misused, a professional attorney can help you fish out the error. In fact, the police are liable to make mistakes during arrests, which can lead to your case totally dismissed.

Although there is no guarantee that you will win if you demand an administrative hearing to appeal the suspension of your license, it is worth trying. The case could go either way, but if things go well, you can have the case turned out in your favor by your defendant. However, even if the suspension of your license by the Department of Motor Vehicles in Louisiana could not be avoided, Attorney Carl Barkemeyer can resolve to get you a hardship license.

A hardship license is a restricted license issued to a person whose driving license is under suspension, to enable them free movement with their vehicle to important places, like school and workplace. It is understandable that you will need to keep your employment, go to school if you are a student, and carry out other necessary duties.

The requirements for a hardship license vary by states, but for Louisiana, you must first have an ignition interlock device installed in your vehicle among other things. So, if you have a DWI in Louisiana, Carl Barkemeyer may be the perfect defense attorney for you. But above all, he is ever ready to appeal your license suspension if you hire him.

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