Fight to Drive: Request a New Mexico MVD License Revocation Hearing
Frequently, my office receives inquiries from New Mexico residents and out-of-state visitors who believe they can get their driver’s licenses reinstated after the Motor Vehicle Division (MVD) License Revocation Hearing period expires.
Let me save you a ton of time and headache with this article.
While you do not automatically lose your driving privileges, the officer who arrested you will provide you with a notice of revocation of your driving privileges. You must take extra steps to ensure that you can still legally operate a vehicle.
How Do You Fight to Keep Your Driver’s License?
You have a chance to fight for your driving privileges by requesting an MVD License Revocation Hearing within ten (10) days of your arrest. From there, the MVD has up to ninety (90) days to conduct an administrative license revocation hearing. If you do not receive an administrative hearing within that time frame, the MVD will automatically rescind the revocation of your driving privileges/driver’s license.
What Triggers the Need to Request an MVD License Revocation Hearing in New Mexico?
DWI/DUI charges or refusing to submit to a breath or blood test will result in the arresting officer submitting a revocation of your license under New Mexico’s Implied Consent Act. You have the right to an MVD License Revocation Hearing to argue your case.
If you do not ask for a hearing within the required timeframe, you will lose your driver’s privileges/driver’s license automatically. Whether you live in- or out-of-state, you must request an MVD License Revocation Hearing in New Mexico to keep your driving privileges. Failure to do so for an out-of-state driver may result in a revocation of your out-of-state driver’s license and will affect your ability to renew your out-of-state driver’s license.
How Do You Request a New Mexico MVD License Revocation Hearing?
Download a Request for Hearing Form and fill it out completely and accurately. There are a few questions listed that can affect the hearing’s outcome. Make sure you seek the advice of a criminal defense lawyer to ensure that you are not jeopardizing your case.
Once you complete the form, you or your lawyer will send it, along with $25.00 (twenty-five dollars) to:
New Mexico Motor Vehicle Division
Driver Services Bureau
1100 South St. Francis Drive, Room 2092
P.O. Box 1028
Santa Fe, New Mexico 87504-1028
Also, you can hand deliver this form if you want to avoid mail delays. The fee payment must be made with a money order or check. Never send them cash. I recommend that you mail the request and required $25.00 fee, via certified mail, return receipt requested
his will ensure that you have proof of when you submitted the request and when MVD received it. Remember, that failure to comply with the ten (10) day deadline will result in an automatic revocation without the opportunity to fight to keep your driver’s license/driver privileges.
Can You Still Lose Your License at the Hearing?
Yes, you can still lose your driver’s license at the MVD License Revocation Hearing. At the administrative hearing you will have the opportunity to test the evidence and cross examine the police officer(s). However, the hearing officer may find that the case against you is proven and issue an order revoking your driver’s license/driver privileges.
At that point you may choose to appeal the decision to the state district court, or you can opt to install an ignition interlock device (IID) on your primary motor vehicle. Typically, an IID is a mandatory requirement to continue driving.
For more information about MVD hearings, check out my article titled, “Do You Lose Your Driver’s License Automatically After a DUI/DWI?”
Hire a criminal defense lawyer to ensure that you are giving yourself every legal opportunity to drive freely or without an IID. At Grano Law Offices, P.C., I examine the evidence and facts of your case to strategize how we will approach this aspect of your case and thereafter at every critical point.
Your MVD License Revocation Matter Is Separate from Your DWI/DUI Charges
Another vital aspect to understand is that your MVD matter is separate from the DWI/DUI charges you are facing in criminal court. The outcome of your MVD hearing does not influence the outcome of your criminal charges. However, the information learned and obtained from the administrative hearing can be critical to assessing your criminal case.
Avoid Making Mistakes Early On in Your Case
Several laws apply to DWI/DUI charges in New Mexico. As such, working with legal representation early on ensures that your rights are protected and that someone is looking out for you. Whether you live locally or out-of-state, it is essential to have a criminal defense lawyer throughout the entire process.
The negative impact of a conviction affects your future and, potentially, the rest of your life. Remember: YOU ARE INNOCENT UNTIL PROVEN GUILTY. At my firm, we understand that bad things happen to good people, and we want to help you move forward.
Call Me for a Free Case Strategy Session
After your arrest, it can seem like your entire life is on hold. Grano Law Offices, P.C. is here to help. Get a FREE CASE STRATEGY SESSION by calling me at 505-587-8649.
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