Silver Spring MVA Hearing Attorney

Call a Silver Spring MVA hearing lawyer today if you are looking for someone to guide and advise you about license suspension proceedings in Montgomery County, Maryland. Our Experienced DUI and traffic attorneys can assist you.

A Maryland DUI arrest not only carries criminal penalties, but civil penalties as well.  Often, a DUI offender will face a criminal hearing in District Court that will determine the duration of incarceration and/or the value of applicable fines. In an administrative hearing with the Motor Vehicle Administration (MVA), the status of one’s driving privileges is addressed. Therefore if facing an administrative suspension consult with a Silver Spring DUI lawyer as soon as possible to discuss your case.

The MVA has the authority to restrict, suspend, or revoke a driver’s license in cases of serious or recurring traffic violations.  In order to avoid or minimize the term of license suspension, a driver may request an administrative hearing to show cause as to why driving privileges should remain intact.  An MVA administrative hearing is a legal proceeding which is overseen by an administrative law judge (ALJ). For this reason, it is best to have an attorney represent you at this hearing.  An experienced Silver Spring MVA hearing attorney can provide the offender with the guidance and defense necessary to avoid excessive penalties.

Requesting an MVA Hearing in Silver Spring

When you are arrested and cited with driving under the influence (DUI) or driving while impaired (DWI), your Maryland driver’s license is confiscated by Maryland law enforcement and you are issued a temporary license.  This temporary license will last for 45 days and then your driving privileges are suspended pending the outcome of your criminal hearing.  If you act quickly, you may be able to avoid or limit the terms of your license suspension.

From the date of the offense, you have 30 days to submit a written request for an administrative hearing with the MVA.  The request must be mailed or personally-delivered to the Office of Administrative Hearings (OAH) located at 11101 Gilroy Road in Hunt Valley, Maryland 21031, and must be accompanied by a filing fee of $150 made payable to the “Maryland State Treasurer.”  If you want the MVA to extend your temporary license to allow you to continue to drive until the date of the hearing, you must submit the request within 10 days. Failure to properly file a request or submit the appropriate fee will result in a denial of your request.  If your request is approved, however, you or your lawyer may request a “stay of suspension” until the time of your hearing, preserving your right to drive.

You will receive a notice of hearing if your request is approved, notifying you of the date, time, and location of your hearing.  Failure to appear at your hearing will result in the loss of your driving privilege, so it is important that you are punctual and that you travel to the right location.

What Happens at an MVA Administrative Hearing?

An administrative hearing is designed to be an opportunity for an individual to present cause as to why he or she is exempt from the sanctions against him or her in an impartial and just environment.  An administrative law judge (ALJ) will conduct the hearing and will determine the validity of the alleged offender’s claims and the evidence against him or her.  After thoroughly reviewing the case in its entirety, the ALJ will issue a decision regarding the enforcement of administrative penalties.

Although it is permissible for the alleged offender to represent himself or herself in an MVA hearing, it is advisable that he or she secure the representation of an attorney.  Because an attorney has knowledge of the law as it pertains to Maryland DUI/DWI and experience in handling MVA hearings and criminal defense cases, a legal professional is better equipped to present the case to obtain favorable results.

Modifiable License Suspension

With proper representation and an understanding judge, an offender may be able to obtain a modified license suspension.  For first time offenders and even those with subsequent offenses under certain circumstances, it may be possible for a suspension to contain restrictions which allow the offender to drive to work or necessary appointments.

Use of an ignition interlock device is one way in which Maryland DUI offenders are allowed back on the roadways.  An interlock device may be installed in the driver’s vehicle which requires the driver to breathe into a device to estimate his or her blood alcohol content (BAC) before allowing the engine to start.  If the driver’s BAC indicates alcohol-consumption, the vehicle will not start, and the data is stored where it is later reported to the MVA.

MVA Hearing Attorneys in Silver Spring, Maryland

If you have been charged with a DUI or DWI in or around Silver Spring and are consequently facing administrative license suspension, contact a Silver Spring MVA hearing lawyer who can properly represent you and help you avoid unnecessary loss of your driving privileges.  Your employment and personal freedom may be on the line if you fail to act quickly.  Call today to schedule a free consultation with an experienced attorney.