Rockville MVA Hearing Lawyer
If you have been placed under arrest for a Rockville DUI or DWI, you should be aware that the clock is ticking on your driving freedom. Separate and apart from the criminal penalties imposed by the state of Maryland for those convicted of DUI, the Motor Vehicle Administration (MVA) imposes license suspension against DUI offenders, which may come with or without a courtroom conviction. As a Rockville MVA hearing lawyer can tell you, you have the right to contest this suspension and show cause as to why you feel your license should not be suspended, but this right is only present for 10 days following the offense if you want to be sure your license is not suspended prior to your hearing.
Driving under the influence in Maryland can lead to a number of far-reaching consequences. In order to limit the impact of a DUI, contact a Rockville MVA hearing lawyer with impeccable training and skills that are an asset to all his clients. Do not underestimate the penalties associated with an alcohol-related moving violation, and do not assume you can handle the process on your own.
You will be faced with a number of legitimate and complicated legal proceedings which are best handled by a professional who is familiar with the complexities and constraints of Maryland DUI law. Call the law office of a MVA hearing attorney today to obtain prompt and thorough representation from a Rockville MVA hearing lawyer.
How Rockville MVA Hearing Lawyers Can Help
In the event of a DUI arrest, your license will be confiscated by law enforcement, and you will be issued an Order of Suspension. You have the right to request an administrative hearing to contest the suspension imposed by the MVA. According to the Advice of Rights in §16-205.1 of the Maryland Transportation Article, there are a number of procedures that must be properly followed in order to prevent excessive suspension of your driving privileges.
Within 10 days of the date of the Order of Suspension, you must present a written request for an administrative hearing to the centralized Office of Administrative Hearings (OAH) located at 11101 Gilroy Road in Hunt Valley, Maryland 21031-1301. This request must be accompanied by a check or money order in the amount of $150 made payable to “Maryland State Treasurer.” If the request is not filed within 10 days, along with the filing fee or proof of indigence by which the fee may be waived, your license will remain under suspension until your hearing. If your request is submitted within 30 days, you will still be eligible for an MVA hearing, but your license will remain under suspension pending your case resolution.
If your request is approved, you will be issued a notice of hearing which will inform you of the date, time, and location of your hearing. An administrative hearing, according to the OAH, is “a fair, impartial and independent opportunity to be heard on the issue(s) in question. The ALJ [Administrative Law Judge] assigned to hear your case determines facts, based on the evidence and argument presented at the hearing, reviews the relevant law, and issues a decision on the issues in question.” If you fail to attend your hearing, the presiding ALJ may issue an order of default against you and enforce suspension without your presence.
Your Maryland MVA hearing is a serious legal proceeding for which you would be well-advised to secure professional legal representation. Visit here, for MVA Hours, Locations, and Service Information in Maryland.
MVA License Suspension
The MVA imposes license suspension and restrictions, not only for driving while intoxicated and driving under the influence, but also for those who refuse to submit to breath or chemical blood alcohol testing upon arrest. While one may exhibit signs of impairment, the level at which he or she is intoxicated can only be quantified by testing the blood alcohol concentration of the individual. This can be done through blood, urine, or breath testing. While you have the right to refuse breath testing when you are pulled over for a traffic stop, if there is sufficient evidence for a DUI arrest, you must then submit, by law, for such testing when you have been arrested. If you continue to refuse to submit, you will be faced with additional sanctions against your driving privileges, as well as criminal penalties including fines and time spent in jail.
A DUI arrest or refusal to submit to testing can result in license suspension for 45 days up to 180 days, depending upon BAC at the time of arrest and prior alcohol-related offenses. The best way to minimize the impact of DUI penalties is to allow a professional DUI attorney to guide you through the legal proceedings with skilled representation.
Contact a Rockville MVA Hearing Lawyer
Administrative hearings with the MVA have a different process than criminal trials at the general district court or circuit court. To fully know what to expect during a hearing, contact a lawyer who has handled these proceedings before.