WHAT HAPPENS AT A HEARING?
A hearing officer will explain the hearing process, review the information in the state file, and ask if you have any questions. A hearing officer will then swear in any witness(es) and take testimony. This is your opportunity to present your side of the story. A hearing officer may ask questions. After reviewing all the evidence, the hearing officer will close the hearing. The hearing officer will make a decision after the hearing and documentation will be mailed to you and, if applicable, your attorney. The hearing officer will apply a preponderance of evidence standard. If the hearing officer decides in your favor, the revocation or cancellation will not take effect. If the hearing officer decides against you, the revocation or cancellation will go into effect for the minimum period of time based on your driving record.
HOW WILL I KNOW WHEN THE HEARING
You will receive a notice of the hearing that lists the date and time of the hearing. On the reverse side of the hearing notice is a "notice of policy". This policy provides you with information concerning evidence, subpoenas, records, and continuances. Please read this form. For some hearings, the bottom of your hearing notice contains a "temporary license". That temporary license portion can be torn off and carried as your temporary driver's license. If "no temporary license" is issued to you, you cannot drive. If you have questions about your temporary license, you should contact Anchorage Driver Services.
WHAT IF I CHANGE MY MIND ABOUT A
If you ask for a hearing and later decide you don't want it, you can withdraw your request. If you decide to withdraw your request, please notify Anchorage Driver Services, in writing, as soon as possible. Once your written request to cancel the hearing is received, your temporary license is canceled and the revocation or cancellation of your license begins. If you are convicted in court prior to the hearing date, the court must revoke your privilege to drive. You must also surrender the temporary license to the judge. If following a conviction, you no longer want to contest the department's revocation, you should notify Anchorage Driver Services, in writing, or your intention to withdraw your hearing request.
WHAT IF I DON'T SHOW UP FOR MY HEARING?
If you request a hearing and fail to respond or attend the hearing, your right to a hearing is waived and the revocation or cancellation will go into effect.
DO I NEED A LAWYER?
You have the right to have a lawyer, or any person of your choice, help you with the hearing. Not all cases require legal assistance. If your case is complicated you may need a lawyer. If you are going to hire a lawyer, don't wait until the hearing is scheduled. Hire a lawyer right away. Your lawyer will need time to prepare your case. If you hire a lawyer, let the hearing office know immediately so that a notice of the hearing can be sent to your lawyer.
WHAT IF I DISAGREE WITH THE HEARING
You can appeal the decision to the Superior Court.
TIPS THAT MAY HELP YOU IN THE HEARING:
What if all I really want is a "limited license"? If you are not contesting the revocation, there is no need to request a hearing.
For further information, please contact Anchorage Driver Services at 269-3770 or doa.dmv.ads@Alaska.gov.