Thanks for asking me “Should I choose a Formal, an Informal or an Eligibility Review Hearing?” When it comes to choosing a path forward regarding an administrative DUI suspension you should always consult with an attorney to ensure that you make the right choice for you. Each of the 3 options - Formal, Informal and Eligibility Reviews - come with pluses and minuses - risks and possible rewards. Regardless of which path you select you’ve gotta choose one within 10 days of the date of your DUI citation and for all three of them there’s a process, including filling out an application, paying an application fee, providing documents and appearing, whether in person, through counsel or together with your lawyer.
Formal and Informal Reviews both challenge the administrative suspension of your driving privilege and the main difference between the two is that in a Formal Review you cam subpoena witnesses, cross-examine them under oath and present evidence of your own; whereas with an Informal Review you simply challenging the suspension on the basis of the paperwork standing alone, with neither witnesses nor testimony.
In an Eligibility Review you’re not challenging the suspension; in fact you’re agreeing that the suspension was legitimate, proper and after it becomes a permanent part of your driving record. But, unlike the Formal and Informal Reviews, so long as you qualify for an Eligibility Review you’re guaranteed to walk out of your “Hearing” with a BPO / Hardship license. There’s no such guarantee with either the Formal or Informal Reviews, both of which are a veritable crap shoot.
Unfortunately at DMV hearings the odds are usually with the house so make sure to speak with a lawyer beforehand, choose the one that’s best for you and hire an attorney to make sure that it’s all done right.
Thank you for your question, I appreciate your having asked it and I invite you to ask me more. Remember, at #HaberPA it’s all about reasonable doubt!
At Michael A. Haber, PA "it's all about reasonable doubt"!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
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