Montgomery County License Suspension Lawyer
A suspended license can place unwanted burdens on an individual’s shoulders. Apart from the annoyance of not being able to operate a vehicle, there are various fines and regulations that must be followed in order to regain a license.
If you have found yourself with a suspended licence and are looking for legal support, it is pertinent that you contact an experienced Montgomery County license suspension lawyer as soon as possible. An experienced traffic attorney can help craft a case to assist you in retrieving your license, and relieving you of any inconveniences.
Meaning of a License Suspension
Under Maryland law, if an individual’s license is suspended, they are prohibited from operating any vehicle until the suspension period is complete and they have satisfied the reinstatement requirements. It is a serious offense to be caught driving on a suspended license as this offense could result in up to one year of incarceration, up to a $1,000 fine and up to 12 points on an individual’s driver’s record.
It is also likely that the individual’s insurance company will raise their premiums if they are found guilty of this offense. There are several reasons as to why an individual’s license may be suspended, and in court a prosecutor needs to only prove that the individual was stopped by a police officer, and at that time the license had been suspended by the Maryland Vehicle Administration.
A Montgomery County license suspension lawyer can help by giving an individual the best opportunity for a positive outcome in the case.
Causes of License Suspension
One of the most common causes of license suspension includes a driver failing to appear at a scheduled court date. Maryland law states that when an individual misses a court date, the MVA is notified and that individual’s license must be suspended. Additionally, if the driver fails to pay court costs or fines, or if they ignore the court’s order to pay a ticket fine, the MVA will be notified. The license will be suspended until the fine is paid in full.
Additionally, accumulation of too many points on an individual’s driving record can cause a license suspension. This entails that an individual was either found liable for several small traffic violations, which came with one to two points that added up to a license suspension, or the individual was found liable for one serious offense which led to a suspension on its own.
Another cause of license suspension is if an individual falls behind on his or her child support obligations. In this instance the Child Support Enforcement Administration will have the ability to determine whether or not it wants to suspend that individual’s license. The administration can instruct the MVA to suspend the individual’s license after he or she falls behind on payments for a minimum of 60 days.
Other offenses that may result in a license suspension and warrant the attention of a license suspension lawyer in Montgomery county are being medically unfit as determined by the medical advisory board, a DUI conviction violating a driver’s license restriction, or refusing to take an alcohol breath test.
An individual must be found not guilty of driving or attempting to drive while under the influence of alcohol before they are able to get their license back. This can be done with the assistance of a knowledgeable Montgomery County license suspension lawyer. If, through the documentation provided, the MVA is not able to show reasonable grounds that the individual was doing so, the administrative judge will take no action against that individual’s driving privileges. A person’s license will be given back to them pending the results of their DUI case in the Maryland District Court.
An individual will not go to a Maryland District Court to challenge a license suspension. Instead, they must go to the selected Office of Administrative Hearings location.
Role of an Attorney
An individual does not need to file an appeal to challenge a license suspension. They must request an administrative hearing at the Office of the Administrative Hearings. Once their request for an administrative hearing has been received, the Office of Administrative Hearings will notify the attorney of the location date and time of the hearing.
The Montgomery County license suspension attorney can appear with the individual at their court hearing, and provide the administrative judge with arguments on the individual’s behalf against the MVA suspending the license. The attorney may also request that the administrative judge modify the suspension, and give the individual approval to obtain a restrictive license.