In our last couple posts, we’ve been speaking about the topic of challenging driver’s license suspensions in drunken driving cases, particularly the issues that can be challenged in a license suspension hearing. One of the aspects of these hearings that we haven’t spoken about is the associated costs.
For some time now, the fee associated with filing for a hearing has been $150. This may not sound like a lot of money for some, but it can be a challenge for others to come up with the money within the deadline for filing, particularly when you consider all the other costs associated with DUI charges. The interesting thing is that, according to a class action lawsuit recently filed against the Motor Vehicle Administration, the filing fee should only be $15.
The Office of Administrative Hearing, which is responsible for overseeing suspended license hearings, argues that the $150 fee is legal under a particular provision of state law. The attorneys who spearheaded the litigation claim, though, that requiring people to come up with $150 within 10 days in order to challenge their license suspension puts up a barrier to access to the courts.
It isn’t clear whether the litigation against the MVA will be successful, nor how much the attorneys will be able to recover for motorists who they believe have been overcharged, but there is obviously a legal issue at stake that needs to be resolved one way or another.
Regardless of the costs, those who have had their license suspended have the right to challenge the suspension and working with an experienced attorney can help ensure they put together the best case possible.