Challenging a Maryland License Suspension
A license suspension can be challenged by requesting a hearing at the Office of Administrative Hearings. There is a $150 filing fee to request an administrative hearing. Generally, the hearings are scheduled four to six weeks after the request date. Once it has been requested, the driver will receive a notice in the mail with the hearing location, date, and time. After the hearing is complete, the Office of Administrative Hearings will notify the Maryland Motor Vehicle Administration (MVA) of the results.
If a person’s license is suspended and not surrendered to the administrative law judge, the person must return their driver’s license to an MVA office. If a person is not satisfied with the administrative law judge’s decision, they may file an appeal within 30 days of the administrative hearing date. Maryland residents must file such appeal in their county’s Circuit Court. For assistance with challenging your license suspension, contact a Maryland Traffic lawyer.
Challenging a License Suspension
Once a person receives the driver’s license suspension notice from the MVA, they can choose to surrender their license and simply mail it in, or take it to the nearest MVA. A person must surrender their license prior to the suspension date listed on the notice. However, an individual may also choose to challenge their license suspension by requesting an administrative hearing at the Office of Administrative Hearings.
For a driving record suspension due to too many points on a person’s driving record, an individual must request a hearing within 15 days of receiving the suspension notice. There is a $150 filing fee when requesting an administrative hearing. All hearings are usually scheduled four to six weeks after the requested date. Once a hearing is requested, an individual will receive a notice in the mail of the hearing location, date, and time. For a restriction and violation suspension, the driver must request a hearing any time before their suspension date. For an alcohol-related suspension or refusing a blood alcohol test, the individual must request a hearing within 30 days of receiving their suspension notice.
An individual will not need to go to a Maryland District Court to challenge a license suspension. Instead, they must go to the pre-determined Office of Administrative Hearings location. Once the hearing is complete, the Office of Administrative Hearings will notify the MVA of the results.
Filing an Appeal
If an individual’s license is suspended and not surrendered to the administrative law judge, they must return their driver’s license to the MVA office. If the individual is not satisfied with the administrative law judge’s decision, they may file an appeal within 30 days of the administrative hearing date.
Maryland residents must file such an appeal in their county’s Circuit Court. To prevent the loss of their driving privileges, the individual must be sure to comply with any notice or order they receive, whether it is a notice to pay or contest their traffic ticket within the appropriate time, or to pay court cost and fines.
DUI License Suspension
If an individual is found driving under the influence of alcohol, their license will be taken away from them upon their arrest. The individual will most likely be issued a temporary driver’s license. This is a piece of paper that will allow the individual to continue driving for 45 days. Upon receiving the temporary driver’s license, an individual can request an administrative hearing. In this instance, the MVA sends the person a notice extending the temporary license until the hearing date.
An individual also has the option to participate in the Ignition Interlock Program for one year. Individuals in this program are required to have an alcohol breath analyze ignition interlock unit installed in their vehicle. Upon entering the vehicle, the individual must blow into the unit, and if their breath alcohol level exceeds the accepted limit, the vehicle will not turn on.
Participants who elect to join this program are responsible for paying the fees associated with the installation of the device and monthly maintenance. If an individual does not request an administrative hearing, or participate in the ignition interlock program by the 30th day, their driver’s license will be suspended.
A person must be found not guilty of driving or attempting to drive while under the influence of alcohol before they are able to get your license back. Assuming the documentation provided by the MVA is not able to show reasonable grounds that they were doing so, the administrative law judge will take no action against the person’s driving privileges. The driver’s license will be given back, pending the results of their DUI case in the Maryland District Court.
Challenging a DUI License Suspension
If an individual requests an administrative hearing to challenge their license suspension, the MVA will send documentary evidence, usually the driving record, a form advising the individual of their rights, and the breath test results to the office of the administrative hearings. The MVA must prove to the administrative judge that there were reasonable grounds to believe that the individual was driving or attempting to drive while under the influence of alcohol.
In order to issue a license suspension, there has to be evidence of the following: the use of alcohol, that the individual was advised of their rights to submit or to not submit to a breath test at the police station, that they were asked to take the breath test, and that their either drove with a 0.08 or above breath test, or refused to take the test.
Role of an Attorney
Once the request for administrative hearing has been received, the Office of Administrative Hearings will notify an individual’s attorney of the location, date, and time of your administrative hearing.
The lawyer will appear with you at your hearing and provide the administrative law judge with arguments on your behalf, arguing against the MVA suspending your license. The attorney may also request that the administrative law judge modify your suspension and give you the approval to obtain a restricted license.