4 Defense Strategies for an MVA Hearing
Having your license suspended, whether due to a DUI or traffic offense, can significantly disrupt your life. In an MVA hearing, you and your lawyer stand before an administrative law judge with an opportunity to defend your case. Although an MVA hearing appears simpler than a courtroom trial, it involves very serious issues that can more directly and significantly impact your driver’s license and ability to drive. Attempting self-representation may hinder effectively conveying your stance, potentially leading to severe consequences. Speaking with an experienced MVA lawyer at The Law Office of Hillel Traub can be instrumental in ensuring your rights and interests are adequately represented.
As a former lawyer for the MVA, Attorney Hillel Traub may employ several defense strategies, such as demonstrating you were not advised of the consequences of refusing blood or breath tests, officers did not have probable cause to arrest you, or you had a BAC of less than .08%, depending on the circumstances of your case.
4 Defense Strategies for an MVA Hearing
When consulting with your lawyer about effectively representing your case, they can assist in developing strategies that clearly explain the events or demonstrate the broader impact of losing your license. Some of these defense strategies may include the following:
1. The Officer Lacked Probable Cause
Law enforcement officers need a strong reason, known as probable cause, to believe that an individual was driving while intoxicated before arresting them for DUI or other driving infractions. If a person is arrested without this probable cause, they can contest the arrest at an MVA hearing. Success at this hearing is possible if your traffic violations lawyer can demonstrate that the arresting officer lacked probable cause.
A lawyer has various strategies to argue the absence of probable cause. For instance, the attorney might build a defense by pointing out that the driver was following all traffic rules or suggest that the police stopped the motorist based on racial profiling rather than legitimate suspicion.
2. You Were Not Advised of the Consequences of Refusing a Blood or Breathalyzer Test
Should an individual decline to undergo a chemical or breathalyzer test, the law requires the officer to inform the driver of the automatic one-year suspension of their driver’s license. This warning is provided in a written form, and officers are expected to read it verbatim. If an officer neglects to do this, the individual facing the DUI charge may have a favorable outcome at their MVA hearing.
It is important to note that with the high frequency of DUI arrests, officers may sometimes either forget to properly inform individuals about the consequences of refusing a test, choose not to give the correct advice intentionally, or provide their own version of the warning instead of adhering to the scripted text. Any of these deviations can lead to a MVA hearing officer deciding to overturn the license suspension.
3. Insufficient Evidence of a Crime
Insufficient evidence of a crime can be a valid defense for multiple cases. For example, in Maryland, it is commonly understood that a driver’s license can be suspended only if the driver is arrested for either declining a blood alcohol content (BAC) test or registering a BAC level of 0.08% or higher. If you can demonstrate that your BAC was below 0.08% and there is no additional evidence of any criminal activity, you may achieve a favorable outcome.
4. Impact of a Suspended License
Having your license suspended can significantly disrupt your daily life and responsibilities, making tasks like grocery shopping or picking up your children from school difficult. Our society heavily relies on the ability to drive, and demonstrating the impact of your suspension on those around you could lead to milder penalties. Being well-prepared and confident in your defense is key to achieving your desired outcome.
Working with an experienced lawyer at The Law Office of Hillel Traub can help you formulate a strong defense by employing the above strategies.
Contact an Experienced License Suspension Lawyer at The Law Office of Hillel Traub
Working with attorney Hillel Traub at The Law Office of Hillel Traub ensures that your interests will be represented diligently and effectively from initial consultation to resolution. With over 30 years of experience, Attorney Hillel Traub knows how to defend your rights in an MVA hearing to protect your driving privileges.
Contact us for a free consultation today by calling (410) 580-1100 or filling out our contact form.