Defending Philadelphia Drivers License Suspension Hearings

Fighting to Keep Your License: A Guide to Philadelphia Driver’s License Suspension Hearings

Getting that letter in the mail informing you that your driver’s license has been suspended can be a real gut punch. Your ability to legally drive is essential to getting to work, school, medical appointments and more. Without it, your day-to-day life can grind to a halt.

While the reasons for a suspension vary, one of the most common is refusing to submit to chemical testing after being stopped on suspicion of DUI. Under Pennsylvania’s Implied Consent Law, all drivers have agreed to submit to such tests or face the consequences of a suspended license. And once that suspension goes into effect, it can be very difficult to get your driving privileges back.

That’s why it’s so important to act quickly if your license is threatened with suspension. Requesting an administrative hearing to contest the suspension is usually your best bet at keeping your license. But you only have a small window to act – typically 10 to 30 days from receiving the suspension notice.

These hearings can get complicated, especially if the suspension stems from a DUI charge. That’s why working with an experienced DUI defense lawyer is highly recommended. They understand all the ins and outs of license suspension hearings and will fight to keep you driving legally.

What to Expect in a License Suspension Hearing

Suspension hearings take place at your local Court of Common Pleas before a judge. The specific procedures can vary slightly by county or judge, but there is a basic framework that applies to all of these hearings across the state.

In general, the hearing focuses on whether or not PennDOT had sufficient legal cause to suspend your license at the time they made the decision. The state’s burden of proof is relatively low compared to a criminal trial. They essentially just need to show that, based on the documents they had, a suspension was warranted.

The arresting officer will likely be called to testify about the circumstances of your traffic stop and subsequent chemical test refusal or failure. Any dash cam or body cam footage would also be submitted as evidence.

Your defense lawyer will then have a chance to cross-examine the officer and challenge their testimony. They may also present witnesses of your own or submit additional evidence aimed at undermining the state’s case for suspension.

Common Defenses in License Suspension Hearings

There are several angles a skilled lawyer can take to fight a threatened license suspension:

• Challenge whether police had reasonable grounds to pull you over initially
• Contest the grounds for requesting you take a chemical test
• Argue that the testing procedures were flawed in some way
• Claim you were confused about your obligation to submit to testing
• Present evidence that you did, in fact, agree to be tested

One major defense avenue is attacking the underlying DUI charges that prompted the license suspension. If your lawyer can get those charges reduced or thrown out entirely, it then becomes much harder for PennDOT to justify suspending your license administratively.

This is why it’s so important your hearing lawyer also understands DUI defense inside and out. Successfully fighting a license suspension often requires a coordinated effort on both the criminal and administrative fronts.

Implications of Losing Your Suspension Hearing

Given what’s at stake, losing your hearing can be devastating. Not only will you be without your license for a significant period of time, but you also face paying hundreds in restoration fees to PennDOT before getting your driving privileges back. And that wait can be up to 18 months for a first offense chemical test refusal.

That’s why it’s absolutely vital you have an experienced lawyer in your corner from the very start. Administrative license hearings can get extremely complex when combined with defending DUI charges in criminal court.

Having a lawyer intimately familiar with both arenas — and the best practices for coordinating a defense across them — can make all the difference. It’s truly your best shot at beating that suspension and keeping your license.

Act Now to Keep Your License

If you’ve been notified that your license is being suspended, the clock is ticking to take action. Reach out to a knowledgeable Philadelphia DUI defense lawyer right away to discuss your options. They can request a hearing for you and immediately begin building your case.

With an adept lawyer fighting for you, there’s still hope of prevailing in your hearing and avoiding a damaging suspension. So don’t delay. Connect with the skilled legal help you need to keep your driving privileges intact. Your livelihood may depend on it.