Cecil County MVA Hearing Attorney
When a person attends a MVA hearing, it is usually to challenge the suspension of the person’s driver’s license. The person is making the argument that the Maryland Motor Vehicle Administration does not have a case against them. A Cecil County DUI lawyer can help determine what the person should argue.
In some cases it is more effective of a person to argue that the MVA did not submit the correct paperwork to demonstrate that their license should not be suspended or that the information contained in the paperwork was not enough to show that the license should be suspended. There also may be a defense that explains why the person’s license should not have been suspended.
Breathalyzer Test Refusal
There are three separate penalties for breathalyzer testing in Cecil County. There is the low blow penalty which is for a breathalyzer result between .08-.14. There is a high blow penalty which is the penalty for a breathalyzer result of .15 or higher.
Lastly, there is a refusal penalty. The penalty for the first time refusal of a breathalyzer test involves a 270-day hard suspension, which, again, cannot be modified for a work permit. A person can also participate in ignition interlock for a period for one year in order to drive.
Failure to Request an MVA Hearing
A person who fails to request a MVA hearing will have their license automatically suspended for 45 days from the date of the incident. Thus, if you do not request a hearing, you are potentially saying that the MVA was right in suspending the license. If you want to challenge the suspension, you should request an MVA hearing.
Role of a Cecil County MVA Lawyer
An MVA hearing is going to be one of the components in a person’s DUI or DWI case. It will be one of the things that your Cecil County MVA hearing lawyer will look at and analyze in the case. A competent MVA hearing lawyer in Cecil County is going to talk to you and determine what potential penalties there are for the license and talk to you about how you can best mitigate those penalties.
Whether this involves requesting an administrative hearing or participation in the ignition interlock, it will really be a case by case analysis. Thus, having your Cecil County MVA hearing lawyer look at the facts is very important in deciding whether it makes a sense to request an MVA hearing.
MVA Hearing Defense
There is going to be a number of possible defenses for an administrative suspension of your driver’s license at the MVA hearing. It is going to depend on the facts of the case. Maybe the challenge is that the individual was not actually operating a motor vehicle. Perhaps the challenge is that the breathalyzer test was conducted improperly and should not have been admitted. Perhaps the challenge will be that the individual did not refuse to submit to a chemical test. They tried to blow, but just were not able to get enough air.
All of those are potential defenses and there are a dozen more an experienced Cecil County MVA hearing attorney is going to look at when they are analyzing the case.