Ellicott City, MD MVA Hearings Lawyers

Knowledgeable Lawyers Helping Clients Keep Their Driving Privileges in Ellicott City, Maryland

Having your driver's license suspended may be one of the worst parts of being arrested for DUI. We are a highly car-dependent society. Even in places with a robust public transportation system, using it is not always desirable. Public transportation can be extremely inconvenient. A journey that would take 15 minutes by car might take an hour by bus. Instead of being dropped off right at your destination, you may have to walk there from the nearest bus stop.

Using public transportation can be much harder in inclement weather or if you are carrying groceries. Continuously asking for rides from family and friends is not always better. While it may work well at first, you may find that your loved ones tire of driving you around after a few months. Rideshare services can be prohibitively expensive for commuters, and they are not always reliable in less populated areas.

Fortunately, there is a way to preserve your driving privileges if you have been charged with DUI or if you are facing a license suspension for another reason. You can request an administrative hearing with the Motor Vehicle Administration within 30 days after a DUI arrest, and a request must be submitted within 10 days to prevent your license from being automatically suspended.

At the hearing, you will be given the opportunity to explain why your license should not be suspended. You have the right to be represented by an attorney at the MVA hearing. Law Offices of Marc A. Ominsky, LLC is highly experienced in using the MVA hearing process to help clients avoid a total loss of their driving privileges. Our hands-on attorneys are ready to help you in real time when you reach out to us. We will act quickly to request a hearing and prepare the best arguments possible for why your license should not be suspended.

What Happens at an MVA Hearing?

An MVA hearing is much less formal than a trial in court. This allows hearings to proceed quickly, without the need for complex pretrial proceedings. There is no prosecutor present at this hearing, nor will any of the police officers involved in your arrest be present. Instead, the administrative law judge hearing your case will review the police report to learn the facts of your case.

Your attorney's role is to try to convince the judge that your license does not need to be suspended in order to protect the public. Generally, this means that your attorney will argue that you are not at risk for continuing to drive drunk. Your attorney might argue that there were extenuating circumstances surrounding your arrest. If you have a strong defense, such as evidence that you became intoxicated involuntarily, this may also be relevant.

What Is a Restricted License?

There are several possible outcomes of an MVA hearing. The ideal outcome is avoiding a license suspension entirely. However, administrative judges are often reluctant to waive a DUI suspension without a very good reason. Another possibility is that the MVA judge will suspend your license but allow you to keep some limited driving privileges with a restricted license. A restricted license may allow you to drive for certain essential purposes, like getting to work, taking your children to school, or attending religious services.

If you have a previous DUI conviction, it may be harder to convince the judge that it is safe to let you keep driving. If this is your first DUI arrest, you have a much stronger chance of keeping at least limited driving privileges. However, there is no guarantee that a restricted permit will be granted. It is important not to drive while your license is suspended. You can be arrested and charged with a separate traffic offense for driving after a license suspension.

Contact Our Ellicott City MVA Hearing Lawyer

Law Offices of Marc A. Ominsky, LLC will strive to help you keep your driving privileges after a DUI arrest or another type of violation. Our knowledgeable Ellicott City, MD attorneys have more than 50 years of combined legal experience that we will draw on when defending you. Contact us at 443-539-8712 for a complimentary consultation.