MVA Hearing Defense
The MVA hearing is where you keep or lose your driving privileges. If you are a Maryland resident, your license is at stake. If you hold a license from another state, your driving privileges in Maryland are at stake. You only get a hearing if you request one within specific time limits. For example, if you are arrested for a DUI and the officer gives you a notice of suspension because you either refused a breath test or scored too high on one, you have only 10 days to mail in your request for an MVA hearing. This is explained in detail on my MVA 10 Day Rule web page. If you fail to request the hearing within ten days your suspension will automatically start 46 days after your arrest.
Not all suspensions are created equal. There are different lengths of suspensions depending on, for example, whether the officer claims your test score was too high, you refused a test, you violated an alcohol restriction, you have been convicted of a drinking driving offense in court (even if you were convicted outside Maryland while driving on a Maryland license), you have an earlier drinking driving conviction, you license or privilege to drive has been suspended or revoked before, or you are a professional driver.
In some situations, you may be eligible for limited driving privileges instead of an absolute suspension. For example, you may be eligible for a modified suspension that would let you drive in order to commute to work, drive as part of your job duties, drive to participate in alcohol treatment or counseling sessions, or commute to school. In other situations, you may be eligible to drive only if the Administrative Law Judge who conducts your hearing determines that you are an appropriate candidate for the Ignition Interlock Program.
You may have a defense to the charge you face at the MVA hearing. The officer may not have followed the correct procedures in advising you what your rights were concerning the breath test, he may have disregarded your request to speak to an attorney before deciding whether to take the test, he may have coerced you into either taking the test or refusing to take it, he may have overstepped his authority and given you legal advice, or he may have misinterpreted to you the official documents you are entitled to receive concerning your rights. These are but a few of the errors that may result in dismissal of the MVA charges.
As you can see, the MVA hearing involves complex and technical issues. When I represent you on your case, we will consider every available defense in order to protect your driving privileges.
This information begins to make you a true and equal partner in your defense. Now, let’s get to work.