Petition For Judicial Review/determination
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Definition - What does Petition For Judicial Review/determination mean?
Drivers arrested for DUI will be asked to submit to a blood alcohol test. The test may be conducted on the driver's blood, urine or breath. If the driver has refused the test or if they take the test and have a BAC or blood alcohol concentration of 0.08% or higher, they may have their driver's license suspended under an administrative license suspension.
After the driver fails the test or refuses to take the chemical test, the law enforcement officer will give the driver a notice of summary of suspension. On the back of the notice there is information about how the driver can appeal their suspension. The license suspension petition is call a petition for judicial review and requests a suspension hearing. The petition for judicial review must be made within 30 days from the date the driver receives their suspension notice and must be filed in the appropriate court in the county where the DUI offense occurred.
During the license suspension hearing the judge may review the following issues:
- Was the driver lawfully arrested for driving under the influence?
- Did the arresting law enforcement officer have reasonable grounds to believe that the driver was actually driving under the influence? The judge should assess if the driver had actual physical control of the car and whether or not they were in a driveway, public highway or a parking lot. The judge should also evaluate if the police had sufficient evidence to believe that the driver had committed a criminal offense.
- Did the driver receive a proper warning that their license could be suspended for failure or refusal to take the chemical test?
- Did the driver refuse to take the blood alcohol concentration test?
- If the driver did take the test was their blood alcohol concentration above 0.08% or higher or did the driver's blood, alcohol or urine indicate that they were under the influence of a controlled substance?
- Blood Alcohol Test -- if a driver is arrested for DUI or driving under the influence (also commonly referred to by other names in other states including: DWI, OUI, OWI, or drunk driving) they are required by law to submit to either a blood test, breath test or urine test.
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