Ten Days Following a Frederick DUI Arrest
The most important step to take ten days following a Frederick DUI arrest is to make sure that legal counsel is contacted immediately after a person is charged with a DUI-related offense. After retaining counsel, it is also equally important to make sure that the attorney and the individual discuss all factors in the case so that they understand exactly what advice to use as a defense tool.
Usually, a person is able to drive their car for about 45 days following an arrest and there are many options to allow somebody to continue to drive. A qualified Frederick DUI attorney who has experience handling these kinds of cases will be able to explain exactly what those options are to an individual.
Challenging Suspension of License
If a person receives a notice of suspension as the result of a DUI in Frederick County, the way to challenge this suspension is to file a formal request for a hearing with the Motor Vehicle Administration. The information on how to make that request is on the back of the officer’s certification and order of suspension. Completing that form and sending it to the Motor Vehicle
Administration gives a person an opportunity for a hearing with an administrative law judge who will hear the person on whether or not the suspension of their privileges to drive is proper or not proper.
Filing Request for Administrative Hearing
Sometimes, filing a request for an administrative hearing is not the correct thing to do. Rather, exercising one of a person’s other options is more appropriate. Speaking to an attorney who understands the nuance of this particular proceeding is extremely important in making sure that the person has exercised caution and taken the correct measure to request a hearing to challenge the suspension only if appropriate and only if it will not have a negative impact on their own privileges to drive in the future. If a person does not decide to challenge a suspension, a suspension will automatically go into effect 45 days after the incident itself takes place.
Hearing Process to Challenging License Suspension
In a hearing process, a person would file a notice of hearing with the Motor Vehicle Administration’s Office of Administrative Hearings Section and at that Office of Administrative Hearings. They would schedule a proceeding in line with the person’s and the attorney’s schedules.
RESTRICTED LICENSE IN FREDERICK
Getting a restricted license is the decision of the Motor Vehicle Administration’s judge, so in order to get a restricted license, one would have to file a formal request for a hearing unless they were opting for an interlock-type restriction, in which case, there is a form that is provided during the course of the person’s DUI arrest. These are important steps ten days following a DUI arrest in Frederick.
Steps After Requesting Formal Review Hearing
A person should reach out to their attorney after requesting a formal review hearing and make sure that that attorney has all the information necessary and all the discovery necessary to actually prepare for that hearing. Usually, the attorney will advise the person to provide certain documentation related to their particular defense argument. For example, if the argument was going to be medically related, then they would say that the defense attorney would need to provide the names of doctors whose records need to be subpoenaed to be introduced into evidence during the course of that Motor Vehicle Administration hearing. It is vital that a person talks to a lawyer ten days after an arrest in Frederick.
Losing a Hearing
Usually, a person does have the opportunity to appeal these hearings but the right to an appeal for a Motor Vehicle Administration hearing is very limited and only granted in some very rare circumstances where it is actually appropriate to be heard by the appellate body, which is the circuit court of whatever county the driver lives in at the time that they requested the appeal of the hearing. Consult with a professional attorney if there are more questions on what to do ten days after a DUI arrest in Frederick.