Articles Posted in MVA-Motor Vehicle Administration

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Have you been pulled over and ticketed or arrested for driving on a suspended license in Maryland when you know you are not and should not be suspended? Did you get an interlock on your car in order to preserve and protect your license only to have deputy officer pull you over and tell you that your license is suspended anyway? Well, you are not alone! The Maryland Motor Vehicle Administration is screwing up and the worst part, they don’t give a damn!

We have a number of clients that have dutifully installed the interlock on their car as required by law to preserve their driving privilege only to be wrongfully, negligently and maliciously pulled over by the cops and in some cases actually arrested and incarcerated- wrongfully. When we contacted the MVA to find out what their problem is we were told “sorry” the branches of the MVA just aren’t talking to each other. That is almost funny when you consider that cop cars have cameras on their trunks to scan all passing motorists which instantly communicate with the MVA to see who is suspended or wanted, etc. So they can use high technology to accomplish their desired mission in seconds; but when it comes to something as simple as common decency and protecting the innocent, the MVA cannot seem to accomplish this simple task.

We do not feel the MVA answer or their effort is adequate. The negligent failure of the MVA “branches” to talk to each other should not and will not be the problem of Maryland’s motoring public. For the majority of Marylanders a driver’s license and one’s freedom is of paramount importance. Taking either one negligently and recklessly with complete disregard for the law is not only a disgrace it is actionable. We will move to protect our clients and the citizens of Maryland that find themselves in this unenviable situation.

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So you got a DUI/DWI charge in Howard County, Baltimore County, Anne Arundel County or any other county in Maryland and you have a CDL (commercial driver’s license). Your CDL is required for you to work, so what happens now? Well, in a word, you have a problem. First, the fact that you were not driving a CDL vehicle at the time of your DUI arrest does NOT matter, you still have the same problem. Yes, it’s not fair but that’s the way your Federal Government set it up. Now, where to go from here? It’s a little confusing so if the following CDL-DUI advice is not working for you, feel free to give us a call.

A conviction or a PBJ on the 21-902A, C or D offense will result in you loosing your CDL license for one full year. The fact that you need your CDL to work for a living, to provide for your family or the fact that you were not driving a CDL at the time of your stop or arrest is not relevant to the consequences. The mere fact that you possessed a CDL at the time of the arrest is enough.

A conviction for the 21-902(B) offense or a PBJ does NOT result in the immediate loss of your CDL, that’s the good news. In fact, a PBJ (probation before judgment) on the 21-902(B) offense is a good thing for a CDL holder, you want that assuming your case may not otherwise be won. Also, a conviction on the B offense is workable too, it does not automatically result in the loss of your CDL, it does result in 8 points on your record however which then results in a points suspension hearing (which you must request) where you can ask for a lesser period of suspension of your license. The MVA is typically looking a 6 months suspension for 8 points related to DUI or alcohol which means 6 months suspension of your CDL license in this DUI arrest.

Now, having said that, what about the administrative MVA hearing secondary to DUI stop, ie. the administrative suspension (this is that onion skin Officer’s Order of Suspension paper you received when they liberated your license from your wallet).

1. If you blew less than a .15, that’s good. You can request an MVA hearing within 10 days of your arrest and request any modification you might seek, worse case scenario is that the MVA does not see it your way and you lose your license for 45 days. When you lose your license you lose your CDL. If you get a modified driver’s license, you still lose your CDL. It is very important to understand that for whatever period of time you have a “modified” driver’s license or a suspended license, you will lose your CDL license. However, for 45 days you might be able to swing something with your employer, ie. maybe you can drive a regular vehicle or do other work.
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