Clients will ask us if they should request the officer for the DMV Express Consent hearing. We usually tell them to say no, unless the arresting officer was from the Colorado State Patrol. This way, we can review the police reports that DMV sends to the client about two weeks after the DMV hearing has been requested. After reviewing the reports we can then decide whether to subpoena the officers for the hearing.
We recently won an Express Consent hearing when the arresting agency sent DMV the police reports for the wrong person. The only document in the packet that pertained to our client was the Notice of Revocation. There was insufficient information in the packet to support revoking the client’s license. Had the client requested the officer for the hearing, he could have testified about the stop and subsequent chemical test and filled in the missing information.
If you have received a Notice of Revocation, you have a very short time to request a hearing. You will have to make some decisions before you have seen the reports the arresting officer has submitted to DMV. This is one reason why it is important to talk with an experienced DUI lawyer right away,