In Maryland, the Motor Vehicle Administration (MVA) has the full authority to determine who is allowed to drive. People lose their regular driver’s license and are issued a restricted license for many reasons. These reasons include medical, age and serious driving violations like reckless driving charges or DUI or DWI.
When you are stopped for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), and the officer tickets you, then you can have your license taken right then and there. You are then given a temporary license that is good for 45 days. At that point you only have 10 days to request a hearing with the MVA to ask that a restricted license be issued before the 45 days expire and your license is placed under suspension.
License Suspension Can be Devastating
Losing your right to drive can be devastating. You may be unable to get to work or keep important appointments. It’s difficult for many people to even imagine not being able to drive. The restricted license gives you the right to drive but only under certain conditions.
An Administrative Judge with the MVA will hold a hearing during which you can explain why you need a restricted license. An attorney in Frederick, MD experienced in these types of cases can help you prepare your presentation in a way that clearly shows the hardship that a license suspension would cause. Hardship defenses include not being able to reach a place of employment or being unable to support your family.
When the officer gives you a 45 day temporary license, you will also get a hearing request form. It’s critical that you consult with a defense attorney in Frederick, MD first and then complete and mail the form within the 10 days of the arrest. The form has all of the instructions needed for completion and will need to be mailed with the stated fee.
You need to understand that if you are late requesting the hearing there will be consequences. A request form that is postmarked between 10 and 30 days from the time of arrest can get you a hearing but not necessarily before the temporary license expires in 45 days. If you mail your form more than 30 days after arrest, you will not be allowed a hearing. In addition, your license will be suspended.
License Restrictions Can Vary
The type of restrictions placed on your restricted license is entirely at the discretion of the MVA Judge. Typical restrictions may include one or more of the following:
* Allowed to drive to and from work only
* Allowed to drive to and from school only
* Limited to daylight driving only
* Prohibited from driving after consuming alcohol or taking certain drugs
* Required to have Ignition Interlock Device installed
The Ignition Interlock Device is a unit that is installed in the car and prevents the car from starting if you breathe into it and it detects alcohol. In some situations the attorney in Frederick, MD can convince the Judge to approve the restricted license if you agree to install the device.
Getting a DUI/DWI is a serious life changing event. If you have been arrested for either then your first step should be to contact a defense attorney in Frederick, MD.
The Law Office of Marc S. Ward provides Legal Services to Frederick, MD. Call 301-662-2911 for Free Consultations Available. for more details on
Attorney Frederick, MD and
Defense Attorney Fredrick, MD please visit our website
www.wardlawoffices.com
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