You’ll be right, as every document DMV introduces contains hearsay. If you do nothing else at a DMV hearing, say the word “hearsay” as an objection to every document. The first and reining champion of DMV objections is Hearsay.
No basic article on DMV objections could hope to cover all the scenarios faced at DMV hearings, but there are recurring issues that suggest a three-part objection model. Of course, the hearing officer is going to overrule your objections (after all, it was that same hearing officer who offered the documents you’re objecting to), but at least your objections will raise the issue and might preserve the record for a DMV writ.
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Thus, even where DMV took your license wrongfully, they may get away with it if you don’t call them on it during the hearing. If an issue is overlooked during the hearing, it is likely waived forever. You see-with rare exceptions-to get you a DMV writ, I can only raise issues that were raised in the hearing. One of the most frustrating aspects of my practice is seeing an issue that I know will win a DMV writ, only to find that the attorney or motorist handling the hearing failed to state the right objection or raise the issue at the time.
Issues Not Raised at the DMV Hearing Are Waived