Can a hearing still be scheduled even if the 7 day period has gone by by only a single day? Why would the information be sent to somewhere other than the address listed on the license? A change of address was never submitted through the dmv.
Definitely ask for a hearing and explain the problem. No offense, but you are dealing with DMV. I was friends with one of the heads of DMV for years and he even acknowledged that they do not employ rocket scientists because of their poor budget. So, addresses do get screwed up and people do not get proper and prompt notice. Just ask as soon as possible.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
General Practice Lawyer
I have encountered this precise situation and when I took the time to write DMV and explain the situation, we received our hearing.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Don't delay. Ask for the hearing and explain the tardiness at the hearing. Certainly should be a valid reason for the delay. Good luck.
Criminal Defense Attorney
You still need to request a hearing. If you need assistance on the Western Slope I would recommend contacting Luna Law in Delta.
The Leier Law Office, LLC, 110 East Oak St. Ste. 220, Fort Collins, CO. Call 970-682-4581 for a free consultation. The answer above does not form an attorney client relationship and does not substitute for advice that can be obtained during an in depth initial consultation.