FIGHTING THE LICENSE SUSPENSION WHEN CHARGED WITH DRIVING WHILE INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IN MARYLAND
This is what happens if you go to MVA hearings without a lawyer
When faced with a criminal charge of driving a motor vehicle under the influence of alcohol and/or drugs, one should hire a lawyer to not only represent you in a court of law for the pending criminal charges, but also to represent your interests at the administrative hearing conducted at the Department of Motor Vehicles (“DMV”). In addition to the criminal DUI charges brought, Maryland’s DMV can also take a variety of administrative actions against you whether or not you are actually convicted. So, be aware that these are two separate forums, each with potentially draconian outcomes.
When properly contested, a license suspension can be avoided because these administrative hearings can often be won. Even if you lose, you have an opportunity to question the arresting officer.
Residents of Maryland can have their driver’s license suspended prior to entering a courtroom based on the results of the chemical test or for refusing a breath test. Non-residents can lose their privilege to drive in Maryland prior to trial. The details of these possible driving penalties will be the subject of next week’s blog.
These hearings can often be won based on following technical defenses including:
- The driver wasn’t properly advised of his rights (because the officer’s explanation of the state’s “implied consent law” was defective in some way);
- The officer failed to show up at the hearing;
- The “stop” or arrest wasn’t justified;
- The driver wasn’t allowed an independent test;
- The test wasn’t administered in time;
- The driver wasn’t allowed to call an attorney;
- The officer was outside his jurisdiction;
- The officer’s report wasn’t sworn;
- There was no certificate by the machine operator;
- The form wasn’t dated;
- A temporary license wasn’t provided;
- The driver didn’t “refuse” the test (because he had asthma, the mouthpiece was clogged, he was confused about his rights, etc.); and
- There’s no proof the driver was actually driving.
These hearings are often successful, if pursued, with a lawyer familiar and practiced in this specific area of law. Even if the driver loses at the hearing, the officer’s deposition can be useful at trial because the officer is usually neither prepared nor properly coached. Generally, an attorney will question the officer about every detail and aspect of the arrest, including the roadside tests and personal observations. The hearing transcript will often then be used to limit his testimony or to impeach him at a suppression hearing, preliminary hearing or at trial. Also, if the officer’s testimony demonstrates weaknesses in the state’s case, or if it’s inconsistent with his report, it can be used in plea bargaining at the criminal trial.
There is no downside to these hearings. Protect yourself accordingly – hire an attorney that speaks the language of the administrative law world.
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