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No Action at MVA Hearing

This blog post is about No Action at a MVA Hearing in Hunt Valley Maryland before a Administrative Law Judge (ALJ) at the Office of Administrative Hearing (OAH).

Maryland DWI Lawyer – Randolph Rice 410-288-2900

When a person in Maryland is pulled over and there is “reasonable grounds” that the person has been driving after consuming alcohol, the police have a right to request that person submit to a breath or blood test.  This is explained in the DR-15 form that the police read to the suspected drunk driver.

No Action at MVA Hearing

When the police officer is processing the driver for drunk driving and confiscating that person’s driver’s license, they will compete a form DR-15A.  That form includes various forms and is the suspected drunk driver’s license to drive for 45 days or until they receive a form from the MVA indicating their privilege to drive is extended until the MVA hearing.

Driving Privilege Reinstated

In a recent case, my client was stopped for driving while under the influence or alcohol and driving while impaired by alcohol.  When the officer arrived, the client was out of the vehicle after a minor accident.  The officer performed the Standardized Field Sobriety Tests (SFST’s) and the client was arrested for DUI and DWI.

At the police precinct, the driver was read the DR-15 and he elected to take the test.  The officer completed the paperwork and the client was released.

Once I reviewed the paperwork, it was immediately apparent that the police officer had failed to state that the driver indicated any signs of alcohol consumption before his was read the DR-15 and given the option to submit to the test or refuse the test.

Because the officer had failed to denote the presence of alcohol on the DR-15 form, the ALJ was forced to take “No Action” at the MVA hearing. That means the client’s privilege to drive was not suspended and he was eligible for a Maryland driver’s license.

No Action is the language used by the OAH when it elected or finds that the MVA has not made their case to suspend or take some type of administrative action against a driver.

Maryland DUI Lawyer

If you have been arrested or charged with DUI or DWI and you have a pending MVA hearing or you are contemplating requesting a MVA hearing.  Contact my office to discuss your options and to schedule a free confidential consultation to discuss your options.  You may have an argument at the OAH that leads to a No Action in your case.

Maryland DUI Lawyer Randolph Rice, call 410-288-2900 or email the office for immediate legal help.

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