Administrative Driver's License Hearings
Fighting to Protect Your Driving Privileges
There are a number of different offenses that can lead to suspension or revocation of a person's driver's license. For example, a loss of driving privileges might be due to an arrest or conviction for driving under the influence (DUI), reckless driving or an excessive number of
traffic offenses within a certain period of time. If you have found yourself in this type of situation, it is important to know that there are ways to challenge your license suspension. You can attempt to do this through your administrative driver's license hearing with the
Kansas Department of Revenue. This, however, should only be done with a knowledgeable lawyer by your side.
By turning to Gigstad Law Office, LLC, you can receive legal support from an Overland Park criminal defense attorney, who can fight aggressively to protect your driving privileges and make the best case on your behalf. Attorney Robert "Chris" Gigstad can also help you challenge any criminal charges you might have, which are separate from your administrative hearing.
Understanding the Administrative Hearing Process
After a person receives notification that his or her driver's licenses is being suspended—either directly from a law enforcement officer or by mail—that person will have a certain amount of days to request an administrative hearing with the Department of Revenue. For individuals arrested for alleged DUI offenses, the driver has 14 days. When the suspension or revocation is given for traffic violations, the period for requesting a hearing is usually 30 days. Failing to request your hearing in the appropriate timeframe will result in your driver's license being immediately suspended or revoked.
According to Kansas law, in cases related to traffic offense, the director or director's agent who is overseeing the hearing may issue subpoenas ordering that certain witnesses or documentation be made available. In cases related to DUI, the judge issues an order allowing the licensee (or his or her attorney) to review any audio or video recordings related to the alleged offense.
A competent attorney may be able to show that the officer who made the traffic citation or arrest made certain errors, therefore making your license suspension or revocation unmerited. Your lawyer might even be able to show proof that you did not actually violate any laws. This could lead to your driving restriction being cancelled.
Contact our Overland Criminal defense lawyer!
Without the help of a trained legal professional, it can be difficult to navigate the system and properly defend your rights. At Gigstad Law Office, LLC, we fully understand how the Kansas legal system works, as well as how the administrative hearing process works. Let us advocate on your behalf in your administrative hearing. Contact us today for dependable legal assistance!