NON-COMPLIANCE WITH THE MANDATORY INSURANCE LAWS
Whether or not the collision was your fault is NOT a relevant issue for a mandatory insurance hearing and the hearing office cannot consider it.
NON-COMPLIANCE WITH THE FINANCIAL RESPONSIBILITY LAWS
In addition to the above issues, the financial responsibility hearing also includes two other issues:
Alaska's requirements for driving privilege reinstatement include the payment of fees and proof of financial responsibility for the future (also know by form number - SR-22). Reinstatement is required by law. The hearing officer has no authority to decide that the reinstatement requirements should not apply to you.
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 suspension will not take effect. If the hearing officer decides against you, the suspension 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.
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, the suspension of your license begins.
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 suspension 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
If you disagree with the hearing officer's decision, you can appeal the decision to the Superior Court.
TIPS THAT MAY HELP YOU IN THE HEARING:
LIMITED LICENSE FOR WORK PURPOSES
What if all I really want is a "limited license" for work purposes? If you are not contesting the suspension, there is no need to request a hearing. You may apply for a limited license by completing the requirements on the application form. A limited license application can be obtained online or at most DMV offices.
For further information, please contact Anchorage Driver Services at 269-3770 or doa.dmv.ads@Alaska.gov.