QUESTION: "The DMV hearing officer revoked my driver's license. What do I do now?"
ANSWER: Sections 42-2-126, 42-2-135 and 24-4-106 C.R.S. allow you to appeal an adverse decision by the DMV to the District Court in your county of residence. Not every decision is worth appealing, but many are! Give us a call at 303.806.5104 for a free consultation.
Your appeal will be done based upon the record before the DMV. The "Record on Appeal" includes a written transcript of your DMV hearing, if any, and any documents submitted or reviewed in your case. No new testimony or evidence can be introduced during the appeal.
Generally, if there was a DMV hearing, only issues and arguments raised during that hearing may be brought up during an appeal. This means that if you or your attorney did not seek a ruling on legal, factual or evidentiary issue while the case was before the DMV you may be foreclosed from bringing up the issue on appeal.
The acutal "Appeal" consists of the filing of written "Briefs" by your attorney and the DMV's attorney. The District Court will decide the appeal based upon these briefs. The entire appeal process can take anywhere from ninety days up to a year or more depending on how long it takes DMV to compile the "Record on Appeal" and how long it takes the Court to make its ruling once briefing of the case is completed.
Call 303.806.5104 for a totally free, confidential, assessment of your case.
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