Upon arrest for an alleged alcohol related infraction, the arresting officer will confiscate the driver’s Maryland issued license if the driver submitted a breath sample of .08 and higher, or if driver refused the test. Out of state drivers will retain their physical license upon arrest. However, their privilege to drive in the State of Maryland is still in jeopardy. The officer provides a temporary license that allows driver to drive for a forty-five day period as if it were his/her regular license. Attached to the temporary license is a request for Administrative Hearing that should be completed and mailed to the Office of Administrative Hearings within 10 days of receipt. A check for $125.00 must accompany the request for hearing. All of this information is clearly stated on the Hearing Request Form attached to the temporary license. A lawyer will assist you with any procedural questions that may arise.
The MVA hearing is not your Court date. At this hearing, your case will be decided by an Administrative Law Judge at a branch of the Motor Vehicle Administration. Administrative rules of law are applied and the standard of proof is by a preponderance of the evidence. This standard is one in which the evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it, that is evidence which as a whole shows that the fact sought to be proved is more probable than not.
An Administrative Law Judge can only suspended a Driver’s license. He/She cannot put points on a license, put a Driver in jail, or even impose a fine. The period of suspension is detailed in the Process section of the website.
A lawyer can be extremely helpful at an MVA hearing. Depending on the case, there are a number of issues that, if present, could result in the MVA taking “no action” against you. Call Thomas C. Mooney for a free consultation (301) 574-0800.