DC Criminal Lawyer

Attorney David Benowitz

DC Notice of Proposed Suspension

In Washington DC, drivers arrested for major moving violations are issued an Order of Proposed Suspension by the arresting police officer or prior to their release. Major moving violations include, but are not limited to, Driving Under the Influence (DUI), Operating While Impaired (OWI), fleeing the scene of an accident, fleeing from law enforcement, negligent involvement in an accident causing death, speeding in excess of 30 miles over the speed limit, reckless driving, homicide by motor vehicle, and commission of a felony using a motor vehicle. In addition to appearing at Superior Court, you must schedule a hearing with the Washington DC DMV’s Permit Hearings Office within 10 calendar days if you are a DC resident or within 15 calendar days if you are a non-DC resident.

A request for a hearing must be made in person at the Penn Branch Service Center (Penn Branch Shopping Center, 3220 Pennsylvania Avenue, SE, Washington, DC 20019).  At the time of the request for hearing, you must provide: a copy of your driver’s license, the Proposed Order of Suspension, Court Disposition and other relevant court documents. If the request is made in person, they will notify you at that time of the hearing date.

Once your hearing date is scheduled, you should arrive at the Adjudication Services Center (301 C Street, NW, Washington, DC 20001) at least 10 minutes early to ensure you have enough time to pass through the security check points.  After security, you have to stand in line to check-in for your hearing and wait to be called by the hearing examiner.

Once you are called into the hearing room, you will be notified if the officer is present for the hearing.  If the officer is not present, you can ask that the hearing be changed to a date after your next DC Superior Court date.  If the officer is present, a show cause hearing will be held.  At that hearing, the examiner will take testimony from you, the officer, and any witnesses who are available.  During this hearing you can also be represented by counsel. At the conclusion of the hearing, the hearing examiner will decide whether to take action against your driver’s license or driving privileges, such as ordering a suspension or revocation.

During the waiting period between your notice and the hearing, your driving privileges in DC will be in pending status, allowing you to drive with no issue.  If the results of the hearing are favorable, then your driving privileges will be fully restored.  If the hearing examiner determines that your privileges are suspended you have the option of appealing or asking for a Limited Occupational License (LOL) if you meet the requirements.

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David Benowitz Attorney at Law
406 5th Street, NW
Suite 200
Washington, D.C. 20001
(202) 529-9374
info@criminallawdc.com
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