Should I request a DOL Hearing?
Posted on Aug 30, 2015 3:02pm PDT
Yes, in my opinion you
always request a Washington State Department of Licensing (DOL) Hearing - even
if it looks like the hearing will be unsuccessful. It is worth the $375.00.
It is important to remember that this is a "Civil" administrative
hearing and the standard of proof is
preponderance of the evidence. (alittle over 50%)
However, in the worst case, you get a free deposition under oath. If I
think there are no good legal issues - I will always subpoena the officers.
I then proceed to use the hearing to find out
everything about my client's case while it is
fresh in the officer's memory and pin down his/her testimony. I then have
the hearing transcribed and can use it later in Court - if there are discrepancies
with the officer's testimony. In alot of jurisdictions, charges haven't
even been filed by the time of the DOL Hearing. See also the 20-day rule
in previous post.