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Generally you are not having an Administrative Hearing in a refusal case. Your client either takes the 120 day suspension or puts the interlock on for a year. A client tells me that after he is advised by the officer who reads him the DR-15 he asks to speak to a...
Well I got a bit of a twofer yesterday. I was back in District Court because the docket was too crowded the last time, and this time the Clerk left time for a trial. The Court Clerks in Harford County are as good as it gets. The State offered the usual plead to...
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...
This one took all of 5 minutes. There was absolutely no basis for ordering my client from the car for SFSTs, and the judge suppressed them. The shame of it is that because he refused the test he had to deal with the suspension/interlock. The MVA standard is...
A repeat offender with breath test of .08-.14 who has a prior .08-.14 in the last 5 years is now interlock eligible without a Hearing. That is because the offender is no longer eligible for a restricted driver’s license. That does not mean that the ALJs are going to...
Many lawyers are having problems figuring out the issues a driver charged with DUI who holds a CDL. AN INTERLOCK IS A SUSPENSION AND YOU LOSE YOUR CDL. A PBJ FOR DUI OR PER SE LOSES YOUR CDL. If you blow a .15 or above take the 90 day hit, and then you get your CDL...
The MVA is proposing new Rules that help motorists using the Interlock. If you are removed from the Program because of a VOP you will be allowed a Hearing and the suspension will be held in abeyance pending the outcome of the Hearing. This is a major change giving...
In what can only be described as refreshing, Administrative Law Judges have been taking No Action in cases involving a violation of the procedures for breath testing. In a Maryland DUI, there are 3 categories of breath tests. .00 to .07; .08 to .14; and .15 and...