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Request a MVA Hearing within 10 days after DUI arrest

Our DUI attorneys have a client charged with drunk driving and related charges stemming from a traffic stop in July. The client was provided with the DR-15 but did not request a hearing before the MVA within ten days.

This client retained our office recently.

Is there any way to remedy this oversight on the client’s part?  The answer is: Yes!

Forget to Request a MVA Hearing?

The DR-15 advice of rights is a form you receive after a DUI arrest.  It advises you of your rights with regards to your license after drinking and driving.  Most importantly, it explains how and when to request a MVA hearing.

According to the form, you may request a MVA hearing at any time within 30 days of the date of the order of suspension to show cause why your driver’s license or privilege should not be suspended.

Your request for a hearing must be made in writing. You may use the “Hearing Request” form if available. Send your request to the Office of Administrative Hearings at 11101 Gilroy Rd., Hunt Valley, MD 21031-1301.

You must include a check or money order for $150.00, which is the required filing fee, made payable to the “Maryland State Treasurer.”

Your request for a hearing will be invalid if submitted without the required $150.00 filing fee or applicable fee waiver

However, you must request a hearing within 10 days of the date of the order of suspension to ensure that your privilege to drive is not suspended prior to your hearing.

What this means is that if you wait longer than 10 days after your arrest to request a hearing, then your license will be suspended prior to the MVA hearing.  If you request a hearing within 10 days, then the MVA will not suspend your license prior to the hearing.

So, you must request a hearing to save your license prior to the MVA hearing.  However, that’s not always true.

Our office consistently sees the MVA not suspend our clients’ licenses if they don’t request a hearing within 10 days.  So, bottom line, get that hearing request as soon as possible after your DUI arrest.

Schedule a Free Carroll County DUI Lawyer Consultation

When seeking out a Westminster, MD DUI lawyer, consider the Law Offices of Ross W. Albers. Ross W. Albers is an experienced and proven Westminster DUI lawyer who has the ability to get you the best possible outcome for your Maryland DUI case. For more information on The Law Offices of Ross W. Albers, or to schedule a free consultation, give us a call at 443-457-3890 or fill out the form on our website, today!

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