Failure to hold license suspension hearing within thirty days did not harm Petitioner.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 1321363 , Decision Date: 2013-04-29 
Attachment: Click here to download the decision. 

Petitioner moved for the rescission of his administrative license suspension on the basis that the Department of Driver Services failed to hold a hearing within thirty days of his request for a hearing and did not issue him a temporary driving permit.  Under the circumstances, Petitioner’s license suspension was stayed as a result of his timely request for a hearing and his temporary permit was automatically extended by law, regardless of whether he received a written notice of such extension. Therefore, because (1) the requirement to hold a hearing within thirty days is directory rather than mandatory and (2) Petitioner did not demonstrate harm due to delay, the motion was denied.