Tough Times Call For Tough Representation

Photo of Gary S. Bernstein


On Behalf of | Apr 14, 2014 | DUI |

Last week there are 2 MVA incidents that were unusual.  I have a client who blew a .30, yes a .30.  He gets the interlock on and goes to MVA to get his new license.  The DR-15A has the .30 test result.  The MVA computer system has it as well. HOWEVER, the trooper checked the .08-.15 box, and the person at the MVA would not look it up on the driving record, and would not look at the test result so no license.  I call MVA in Glen Burnie and they tell me to send my client back to speak to the supervisor, who can then call the Division of Administrative Adjudication if he cannot read the DR-15A or the driving record.

The second makes me nuts.  The law was amended so that if you blow a .08-.15 but have prior disqualifiers for a restricted license within the last 5 years, you can get the interlock without a Hearing.  My client has a prior within the last 5 years and a .08-.15 within the past 5 years, so he gets the interlock and goes to MVA.  They tell him he has to have a Hearing to get the interlock.  I call Interlock and am told the same thing.  I call the Assistant Attorney General for the MVA and he says I am right and he agrees with me, but that people working at MVA think he is wrong.  He goes and explains it to them and they tell him he does not understand the law even though he is their lawyer. He tells me I have to request a Hearing where the interlock will be ordered.  HUH?  This makes no sense. The people at Interlock are very nice and very helpful, but when they decide you cannot join the Program, you cannot join. So we will have a Hearing where my interlocked client will ask he start getting credit for it.