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MVA Administrative Hearings in MarylandMost drivers that are pulled over and charged with a DUI or DWI do not fully understand that their arrest has two components: Criminal as well as Motor Vehicle Administration(MVA) Hearings. In the past the court system as well as the MVA could suspend a license. Today, only the MVA reserves that right. This is typically done in the event of an unsuccessful MVA hearing or a criminal court conviction. Meaning that in a DUI trial a jury may find you innocent but MVA can still suspend your license. In Maryland, MVA hearings are held at nearest MVA location to where the DUI was given. MVA hearings differ from courtroom trials in that they focus on police reports as well as chemical test reports. MVA hearings allow for evidence known as 'hearsay'. Hearsay is evidence introduced despite the people having made the statement are not present. Due to the 'hearsay rule' the this kind of evidence is inadmissible at trial. The MVA cannot suspend your license based on that evidence alone. If needed, an attorney can challenge based on the hearsay rule and if the evidence cannot be legally introduced the MVA cannot suspend your license. An attorney may also request the presence of a witness such as the arresting officer. If they appear and testify the evidence is no longer hearsay. The prosecutor and the judge in a MVA hearing are the same person. This means that the individual wanting to introduce evidence is the same person who rules on it. This person is not a judge or an attorney but rather a MVA employee. This is another example of how a MVA hearing differs from a preliminary hearing or a courtroom trial. Issues Arising at MVA Hearing Who was driving the vehicle at time of arrest? Were you legally stopped by police officer? Were you legally arrested by the police officer? Did you take a Breathalyzer Test or Field Sobriety Test? If so, was it administered properly and legally? What was your Blood Alcohol Content (BAC) level? Contact an Edgewood, Maryland DUI/DWI Defense LawyerIf you have been charged with a DUI in Maryland it makes sense to have a skilled, experienced Maryland Drunk Driving Defense Lawyer to help you navigate through this multifaceted ordeal. Bel Air, Maryland Criminal Defense, Traffic Violation and DUI Defense Lawyer offers free initial consultations for DUI clients. Contact his office at 410 879 7500 regarding protecting your driving privileges. Law Offices of Christopher M. Marts, P.C. 17 West Courtland Street, Suite 130
Bel Air, MD 21014-3737
Telephone: (410) 879-7500 ● Fax: (410) 838-8997
Map and Driving Directions ● E-Mail Us Bel Air, Maryland trial attorney Christopher Marts represents clients in state and federal courts in Harford County and Cecil County, Maryland, in communities such as Bel Air, Aberdeen, Edgewood, Joppa, Jarrettsville, Havre de Grace, Elkton, Baltimore, Churchville, Belcamp, Fallston, Baltimore County, Rising Sun, North East, Towson, and Essex.
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