How do write a request for a court hearing in regards to a suspended lisense?

Question

what are you supposed to include in it?

Answer 1

1. Since I don’t know where you are from or why your license was suspended you will need to get the complete courthouse address and whom it needs to go to and this you can get by calling the courthouse.

2. In my state this is how it is done for drunk drinking and this will give you some guidelines to follow.

3. A driver who has had his or her license revoked for multiple drunk driving offenses will be required to request a hearing with the Secretary of State's Driver Assessment and Appeal Division (DAAD). In order for you to prevail it is important for you to understand the "ground rules" that will apply at this hearing. These rules are in many ways exactly the opposite of what they were for your underlying DUI.

4. Unlike a drunk driving offense where the State must prove their case "beyond a reasonable doubt" (BRD) and where you were protected by the "presumption of innocence", in a (DAAD) hearing you will have the burden of proof and the State will start out with the presumption that they will not be restoring your driving privileges. Your burden of proof is not quite (BRD), but is the next highest standard known as "clear and convincing evidence" (CCE). As you can see, when you appear at this hearing you start out at a great disadvantage, and the burden of proof on you is quite high.

5. Generally, in order to prevail at a (DAAD) hearing you must show two things. First, that your substance abuse problem is under control and likely to remain under control, and second, that the likelihood that you will again drink and then drive while drunk is low or minimal. Several things are required to make this showing according to the necessary standard.

6. You must have a properly prepared and persuasive substance abuse evaluation. It will be important that the therapist preparing your evaluation have complete information about you, your treatment and relapse history, the number of prior alcohol related offenses and of course, your sobriety date. You must show a minimum of either six or twelve months of complete abstinence from alcohol and drugs, but most people must show at least twelve months. The substance abuse evaluation must be accompanied by a 10-panel drug screen and a copy of the "testing instrument" must also accompany the evaluation. The substance abuse evaluation must give an appropriate diagnosis and prognosis, and must state in certain terms that you are at low risk if your license is restored.

7. You must also have 3 - 5 testamentary letters from friends, family, co-workers, clergy, support group members and other members of the community who know you well enough to write such a letter. To the extent that the writer would have such knowledge, these letters should include the same type of information as the substance abuse evaluation, i.e., your treatment and relapse history, the number of prior alcohol related offenses and of course, your sobriety date).

8. Finally, your own sworn testimony at the hearing will be the third critical aspect to the evidence you will submit in hopes of meeting your burden of proof.

9. It will also be necessary for you to present some evidence of participation in a structured support group. This typically means AA, but attendance and participation in AA is not critical.

10. Hope that this helps.