What happens if I miss the DMV hearing? 55 Answers as of July 02, 2013

I have an out of the country trip that I cannot cancel on the day of my DMV hearing. Can this be rescheduled? Will it be taken against me if I request for a change? What happens if I miss the DMV hearing?

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Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You should be able to reschedule the hearing, if not and you miss the hearing, the case would be affirmed and you will lose your driving privileges. You do not want to miss the hearing.
Answer Applies to: Kansas
Replied: 3/6/2012
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Generally they are good about rescheduling, depending upon the reason.
Answer Applies to: Washington
Replied: 7/2/2013
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
You can always request to continue the hearing.
Answer Applies to: California
Replied: 3/5/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
I'm assuming it us a DAAD hearing and you can get one adjournment if you prove you have existing travel plans. If not, you lose your hearing for a year.
Answer Applies to: Michigan
Replied: 3/5/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Call the coordinator at DMV and see if your hearing can be reset. If you cannot reschedule and you must miss the hearing you will likely have to suffer the consequences.
Answer Applies to: Alabama
Replied: 3/5/2012
    Kenneth M. Hallum, Attorney at Law
    Kenneth M. Hallum, Attorney at Law | Kenneth M. Hallum
    DMV may reschedule, however the department is very harsh on this arena. Generally DMV sends with the notices an information notice regarding continuances. Alternativly you can conduct the hearing by phone, though not the better practice. You may want to consult a local DUI attorney, as hearings with DMV differ much from the court counterpart.
    Answer Applies to: California
    Replied: 3/5/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    You can ask for a continuance. Call the ALJ's office and see what you have to do. You'll probably have to request a continuance in writing.
    Answer Applies to: Louisiana
    Replied: 3/5/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    What is the hearing for? Most likely it is to take your license for either failing or refusing a DWI suspect breath test; for having too many tickets within a certain time period; or for suspicion that you should be suspended for medical reasons. Anyway, if you miss your hearing, your license will most likely be suspended.
    Answer Applies to: Texas
    Replied: 3/5/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    What kind of DMV hearing? Do you have an attorney? Maybe he could get it postponed. Is it to get your license back? If so and you do not show up or get it postponed then you have to start the appeal process all over. If it is because you refused to take a breathtest and you do not get a postponement then you will have a suspension on your license.
    Answer Applies to: Michigan
    Replied: 3/5/2012
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Yes, you should try to reschedule.
    Answer Applies to: Michigan
    Replied: 3/2/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    First of all, Michigan doesn't have a DMV. Instead, it is the Secretary of State. Second, if you look at your notice, there are instructions on how to request an adjournment.
    Answer Applies to: Michigan
    Replied: 3/2/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Call to reschedule
    Answer Applies to: Michigan
    Replied: 3/2/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    You are generally entitled to one adjournment. What will happen if you miss? Not sure, there are many different types of hearings. Contact your hearing officer, the information should be on the notice of hearing and request the adjournment.
    Answer Applies to: Michigan
    Replied: 3/2/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You can ask for an adjournment. But, your license will stay suspended until the adjourned date.
    Answer Applies to: New York
    Replied: 3/2/2012
    Salladay Law Office | Lance Salladay
    The law allows one 10 day extension of a hearing on "good cause shown". If you have a good reason and need to extend the hearing it will not be taken against you. If you miss the hearing your license will be suspended. The hearing can be conducted by telephone however.
    Answer Applies to: Idaho
    Replied: 3/2/2012
    Law Offices of Kate Mesic, PA
    Law Offices of Kate Mesic, PA | Kate L. Mesic
    I assume you are talking about the hearing for a DUI suspension of your license, which you requested within 10 days of being arrested. You can try and reschedule, usually they don't like to do it, but it depends on the county. Additionally, I suggest you get an attorney to represent you, which may solve the problem. Good luck.
    Answer Applies to: Florida
    Replied: 3/2/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The DMV hearing can be continued, but it will not extend your license.
    Answer Applies to: Nebraska
    Replied: 3/2/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If you miss the hearing you will lose your appeal. You or your attorney should request an adjournment.
    Answer Applies to: Michigan
    Replied: 3/2/2012
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    If you procure the services of an attorney, he/she can waive your appearance. This means your attorney will be present on the day of the administrative hearing, but you wouldn't have to be present. In New Mexico, the MVD has a strict statute that mandates the hearing be held within 90 days, no exceptions. Thus a continuance (or reschedule request) may be impossible due to the 90 day rule.
    Answer Applies to: New Mexico
    Replied: 3/2/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    If the hearing you are referring to is for a DUI and you are not represented by an attorney, either your permit will expire until your next hearing or the hearing officer will rule against you and most likely will uphold the revocation of your license. Hire an aggressive attorney that will fight both your ADLRO and criminal charges and will not just waive the opportunity to examine the officers at the ADLRO hearing.
    Answer Applies to: Hawaii
    Replied: 3/2/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    You may be able to reschedule your DMV hearing; call them and find out. You can hire a lawyer who should be able to get a continuance of the hearing. If you simply don't show up you will lose which means your license will be suspended. Costly trip.
    Answer Applies to: California
    Replied: 3/2/2012
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You are free to try to reschedule it. But most likely you will be deemed to have lost the hearing by default. For what it's worth, DMV hearings are extremely hard to win (especially without an attorney) and, unless you had a great defense, you probably would have lost anyway. Within about a week of the hearing the DMV will send you a letter telling you that your license has been suspended. If this is your first DUI you may take steps to get a restricted license.
    Answer Applies to: California
    Replied: 3/2/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You will not win that hearing more than one in a thousand times so do not worry. Just tell your lawyer and see if he wants to ask for an adjournment. We only go to them in hopes that the officer does not show up and they have to give your license back.
    Answer Applies to: New York
    Replied: 3/2/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    If you miss the DMV hearing, you will have forfeited your right to challenge your license suspension. You can probably request a reset in writing, but you should speak to your attorney about what is going on.
    Answer Applies to: Oregon
    Replied: 3/2/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You may do a DMV hearing over the phone. If you cannot make a phone hearing you should reschedule the hearing. If you miss the hearing your license will be suspended.
    Answer Applies to: California
    Replied: 3/2/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    Yes, you can ask for a continuance of your hearing. You will need to do so in writing. I don't know what the issue is at the DMV (Dept. of Safety), but if you are appealing a license suspension or requested a hearing, they will default you and you will lose.
    Answer Applies to: New Hampshire
    Replied: 3/2/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If you miss, you default and lose. Contact them and request a change of date before you miss.
    Answer Applies to: California
    Replied: 3/2/2012
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    In most cases, doing a DMV hearing without an experienced DUI lawyer is a big mistake. An experienced DUI lawyer will know what is required to get the DMV hearing continued. If you need the continuance and have good cause for it, make sure it is done as soon as possible. More importantly, get a DUI lawyer if you want to have a better chance to win your hearing.
    Answer Applies to: California
    Replied: 3/2/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You can retain a private attorney to handle the DMV hearing without you needing to be there. If your testimony would be beneficial to the hearing, you could give that by phone. Even if you were going to be in town, I would highly recommend that you retain a dui defense attorney to represent you at this hearing and for the criminal case. Also, note that you can change your hearing to telephonic as opposed to in-person, but if your drivers license is important to you, I would recommend hiring an attorney experienced with DMV hearings to increase your chance of winning.
    Answer Applies to: California
    Replied: 3/2/2012
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    The date of your DMV hearing can only be changed if you request in writing a new date within 15 days of your assigned hearing date. If you miss your hearing, the DMV will suspend your license for 4 months if this is your first DUI.
    Answer Applies to: California
    Replied: 3/2/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Try to reschedule the hearing. If you can't, then weigh your license suspension against the value of your trip.
    Answer Applies to: California
    Replied: 3/2/2012
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    If you miss the hearing your license will be revoked. However an attorney can appear on your behalf. It is important that the hearing be handled by an attorney.
    Answer Applies to: New York
    Replied: 3/2/2012
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    Since missing the DMV hearing could result in a one year termination of your drivers license you need to immediately attempt to have the hearing changed to a date that you will be in the country and can attend. I do not believe changing the date of the hearing will be held against you. I would further suggest that you secure the services of an attorney who is skilled in representing people charged with DUI and subject to administrative hearings.
    Answer Applies to: District of Columbia
    Replied: 3/2/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    If you miss the hearing, you may lose by default. You need to either reschedule the trip or ask to have the hearing re-scheduled as soon as possible.
    Answer Applies to: Georgia
    Replied: 3/2/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If you have retained an attorney, the attorney can appear on your behalf. IF you represent yourself, and miss the ALS hearing yoru driver's license will be automatically suspended.
    Answer Applies to: Georgia
    Replied: 3/1/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    You can submit a request to reschedule. Forms are on the Department of Revenue Hearing Division website. An attorney can appear on your behalf. If you do not appear, you automatically lose.
    Answer Applies to: Colorado
    Replied: 3/2/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You can request a continuance for good cause. A cross country trip is usually not good cause. If you miss your hearing you will lose by default.
    Answer Applies to: California
    Replied: 3/2/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    You can request that the Bureau of Hearings reschedule the Administrative License Suspension hearing based upon your unavailability. You must send it in writing to the Department of Safety, Bureau of Hearings, 33 Hazen Drive, Concord, NH 03305 and send a copy to the arresting officer. The Hearings Examiner will then make a decision on whether or not to grant your request.
    Answer Applies to: New Hampshire
    Replied: 3/1/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You have to contact the hearings officer at least two business days before the hearing if you want a continuance. If you didn't do that, your license is suspended and will be for 90 to 365 days depending on your BAC level and any prior DUI convictions.
    Answer Applies to: Washington
    Replied: 3/1/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    You can request a hearing change. If there are no subpoenaed witnesses, you have to request the continuance 10 days prior to the date. If there are witnesses who have been subpoenaed, you must request it 15 days prior. You can hire an attorney solely for the hearing, and they can do the hearing for you.
    Answer Applies to: California
    Replied: 3/1/2012
    MCCLUSKEY LAW OFFICE
    MCCLUSKEY LAW OFFICE | Mary McCluskey
    If you miss the hearing, your license will be revoked. A DUI conviction, depending on what country you want to travel to, can impact your ability to travel.
    Answer Applies to: Colorado
    Replied: 3/1/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    Call the number on the notice of hearing and you can get the matter reset. This is a routine request that is almost always granted for good cause and when the matter has not been reset before.
    Answer Applies to: Washington
    Replied: 3/1/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    The DMV hearings can be rescheduled but it is difficult. You should have an experienced DUI Lawyer handling this DMV hearing with so much on the line, and they should know how to modify or change the date of the current hearing for reasons such as vacation.
    Answer Applies to: Oregon
    Replied: 3/1/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    You need to ask for a continuance of the hearing. It should typically be granted on those grounds. If you do not, and miss your hearing, you will automatically lose the case and the suspension will be reinstated.
    Answer Applies to: West Virginia
    Replied: 3/1/2012
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    If you miss the DDS hearing, the suspension will be upheld and you will lose your license. It is possible to request a reset, but they are not likely to give you a reset if you don't have an attorney. It's not fair, but it's the way it is. You need an attorney any way for your underlying DUI charge. The longer you wait to get help, the harder it is to help you.
    Answer Applies to: Georgia
    Replied: 3/1/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    If you have a lawyer, the lawyer can attend the hearing without you. If you fail to appear without a lawyer, the license suspension will be upheld.
    Answer Applies to: Georgia
    Replied: 3/1/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    What kind of hearing is it?
    Answer Applies to: New York
    Replied: 6/19/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    it can be rescheduled your attorney can appear for you if you do not appear, you will lose the hearing - nothing more.
    Answer Applies to: Colorado
    Replied: 3/1/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    If you are talking about the hearing with the sec of state, your license will be suspended until the hearing is rescheduled. If you are talking about court hearings, an arrest warrant will issue unless you have filed a motion to continue. Hire a qualified attorney.
    Answer Applies to: Maine
    Replied: 3/1/2012
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    You must call the DMV as soon as possible to make a request to postpone the hearing. If you do not request a postponement, and simply miss the DMV hearing, the DMV may take action against you including suspending your license based on their findings and your failure to appear at the hearing. Many hearings can also be scheduled by telephone as well.
    Answer Applies to: California
    Replied: 3/1/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You can usually re-schedule with enough advance notice, however i never suggest conducting your own hearing.
    Answer Applies to: California
    Replied: 3/1/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You will lose if you do not appear and your license will be revoked. If you change the hearing date, the revocation still takes effect that day, but can be rescinded if you win the hearing when it is rescheduled. However, you cannot drive in the mean time.
    Answer Applies to: Colorado
    Replied: 3/1/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    If you fail to attend your DMV hearing for a revocation such as driving under the influence, you will loose unless you have an attorney appear for you. If this is a DUI case, an attorney may be able to present a case for you on a number of factors. 1: The police lacked probable cause for the stop. 2. The police lacked probable cause for requesting a test (blood or breath). 3. The test was not completed in the proscribed time. 4. The test was done improperly. 5. The testing equipment was defective or the person doing the test was not properly trained. Also if the police officer fails to show up for the hearing you will win unless you also fail to show or have an attorney show for you. If you have an attorney appear for you, your appearance is not necessary.
    Answer Applies to: Colorado
    Replied: 3/1/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You need to hire an attorney anyway for your DMV hearing which is actually called an Administrative License Revocation (ALR) hearing. You being there without a lawyer will do absolutely nothing. You need to subpoena the officer to be there. If you don't then the officer doesn't have to show up, the documents come in to evidence and they automatically suspend your license. You really need an attorney. And then that attorney can get it reset. In fact, the attorney will do the hearing for you and you do not have to be present.
    Answer Applies to: Texas
    Replied: 3/1/2012
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