MVA Administrative Hearings Annapolis, Maryland
A DUI or DWI charge in Maryland has two aspects: Criminal as well as Motor Vehicle Administration (MVA) Hearings. Historically the court system as well as the MVA could suspend a license in the wake of a DUI. Today, only the MVA can suspend, revoke or reinstate your license. Suspension of your driving privileges is typically the end result of an unsuccessful MVA hearing or a criminal court conviction, meaning that in an MVA trial a jury may have found you innocent in the court trial, but MVA can still impose a suspension of your driver’s license. If you have been charged with DUI in the Baltimore-Annapolis area it is imperative that you speak with a criminal defense lawyer about how to protect your rights.
Call Jack B. Rubin, PA at 410.727.8710 or contact us online. We have the skill and the experience to defend you aggressively against Maryland DUI charges. Let a lawyer at our firm fight to protect your rights, driving privileges and your reputation.
MVA Hearing Compared To DUI Courtroom Procedures
In Maryland MVA hearings are different from courtroom trials. Motor vehicle hearings are held at the nearest MVA to where the DUI was given in Maryland. MVA hearings focus on police reports in addition to chemical test reports such as blood alcohol content (BAC) tests and Breathalyzer results. MVA hearings also allow for evidence known as ‘hearsay’. Hearsay is evidence introduced despite the people having made the statement are not present. Due to the ‘hearsay rule’ this kind of evidence is inadmissible at a court trial, but may be allowed at the MVA hearing. The MVA cannot suspend your license based on that evidence alone. A skilled Maryland DUI defense attorney will know how to challenge the police reports and the hearsay evidence at the MVA hearing to contest any suspension of your license. An attorney may also request the presence of a witness such as the arresting officer. If he or she appears, the officer can be cross-examined regarding his or her report and whether your license should be suspended.
At an MVA hearing, the MVA does not have legal representation. The MVA is able to produce all of the police reports and documents they want considered to the hearing judge. If you have legal counsel present, your attorney will know what reports and documents should not be allowed to be admitted. Legal representation at an MVA hearing is needed to protest the consequences the MVA wants imposed — which is the suspension of your driving privilege.
Motor Vehicle Administration Hearing Issues
There are several key points a qualified Baltimore DUI defense lawyer will bring up on your behalf at the MVA hearing in an effort to defend your case:
- Who was operating the vehicle at the time of arrest?
- Were you legally stopped by a police officer?
- Were you legally arrested by the police officer?
- Did you take a Field Sobriety Test?
- Did you take a Breathalyzer Test?
- If so, were they administered properly and legally?
- What was your Blood Alcohol Content (BAC) level?