When you receive a ticket or charge for a DUI or a DWI or both, you might feel guilty or you be angry or anxious. You are facing a serious problem, and you need an experienced and skilled lawyer to protect your legal rights. Right now, call Matt Lavine and get the legal help you need.
A DUI or a DWI will affect your life. You can lose your license and your freedom. You need a skilled and experienced DUI defense lawyer.
If you either refused the breath test or scored above .07, the clock is running against you. For Maryland drivers, the MVA is going to suspend your license. You have the right to challenge this suspension, but you must take action.
DUI Defense Lawyer
There are two processes: Administrative (the MVA) and Judicial (the Courts). Both can result in the loss of your right to drive. Both can result in the loss of your license. The Court proceeding can result in the loss of your freedom.
These penalties exist even if your license was not confiscated and even if this is your first arrest. The charges are serious.
You need to find a lawyer working to be the best DUI defense lawyer. Contact Matt Lavine now to schedule your free consultation.
Contact Matt Lavine now for a free consultation.
The MVA Process – Administrative Option
Transportation § 16-205.1 provides for the MVA’s automatic suspension of the driver’s license if a person, arrested for drunk driving, either refuses to submit to a breath test or has a breath test result of .08 or above.
To preserve your license to drive, you must request a hearing within 10 days of your arrest. At the hearing, you then have the opportunity to persuade an Administrative Law Judge to dismiss the MVA’s case or modify the proposed suspension. For more information, choose MVA from the Menu above.
Court Proceeding – Mandatory Appearance
In drunk driving cases, violations under TR Article §21-902, your case will be scheduled in the District Court in the area where you were arrested. You must appear in Court. If you do not, then a judge will order a bench warrant. You will be subject to arrest.
Because TR Article §21-902 (a) and (d) present the possibility of more than 90 days in jail, if you are charged with either of these sections, you have the right to a trial by jury. To obtain this right, you can either file a written Demand for Jury Trial or appear in the District Court on your trial date and make your Demand, respectfully, to the Judge.
Upon a demand for a jury trial, the District Court will transfer the case to the Circuit Court. At that point, you will have the same trial rights as others in the Circuit Court.