If you were arrested for a DUI or other serious traffic matter, or if you accumulated points on your license, you may find that your license is in jeopardy and need to request an MVA hearing to secure your ability to drive. Typically, your MVA hearing will be held 4 to 6 weeks from the request date. You will appear an Administrative Law Judge who works for the Office of Administrative Hearings. The ALJ will conduct an evidentiary hearing, which is a mini-trial, where they will determine facts and apply a legal decision that will determine your ability to operate a motor vehicle. An attorney can be helpful in portraying your situation in the best possible light, as well as presenting mitigating factors and interpreting the applicable laws.
The ALJ will report its decision to the MVA. Please note that, if your license is suspended, you must turn in your license to an MVA branch, or provide a certified statement as to what happened to the license, before the clock will start ticking on your suspension period. Failure to comply with this simple step could result in the effective amount of time that you are unable to drive being much longer than the actual suspension period. If you are not satisfied with the ALJ’s decision, you may note an appeal to the Circuit Court within 30 days of the decision.
It is easy to overlook the MVA if you are arrested for a DUI, but the MVA, not the criminal court, ultimately determines your ability to operate a motor vehicle. I can help you put on the best possible case before the ALJ so that you have the best chance, under the circumstances, to secure your driving privileges.