If you are an out of state driver, arrested for Driving Under the Influence, “DUI”, The Law Office of Michael A. Troiano will request a DMV Hearing on your behalf. Unlike Nevada residents, out of state drivers cannot have their home state’s driver’s license revoked by the Nevada Department of Motor Vehicles. But, out of state drivers, are still subject to having their home state revoke their driver’s license if arrested for a DUI in Las Vegas, Nevada.
At the DMV Administrative Hearing, Mr. Troiano, will have an opportunity to listen to the arresting officer’s testimony regarding your arrest, as well as question him or her, on any legal or factual inconsistencies. Mr. Troiano will then be given the opportunity to make a closing argument to the Administrative Law Judge on your behalf and request that the revocation of your driving privileges be dismissed. If the DMV Hearing Judge, finds that the officer did not have a “reasonable belief”, that you were driving or in actual physical control of a vehicle, with a BAC of .08 or above, they will issue a written decision informing you of the dismissal. To be clear, this process is completely separate from the criminal portion of your case, and the result of this DMV Hearing will have absolutely no bearing on the outcome of criminal case. But, in Mr. Troiano’s experience, the opportunity to speak to, and cross-examine your arresting officer, prior to your criminal case is always a benefit to the defense of your case.
If the DMV Hearing Judge, does find “reasonable belief”, that you were driving or in actual physical control of a vehicle with a BAC of .08 or above, they will issue a written decision stating that your driving privileges in the State of Nevada will be revoked. In addition to your privileges to drive in Nevada being revoked, the Nevada DMV will inform your home state of the revocation. Once your home state is notified, they have the authority, to then implement a revocation of your driver’s license, because they, unlike Nevada, has jurisdiction over your driver’s license.
Las Vegas DUI Defense Attorney Michael A. Troiano has personally participated in hundreds of DUI Administrative Hearings on behalf of his clients. He will explain, step by step, the detailed process of fighting for your driving privileges, after a DUI arrest, in addition to defending the criminal side of your DUI case.