Administrative Hearings

Maryland MVA Administrative Hearing Lawyer in Baltimore, MD

When facing a Maryland Motor Vehicle Administration (MVA) administrative hearing, your driving privileges and livelihood hang in the balance. The Law Office of Hillel Traub, P.A. provides aggressive representation for drivers throughout Baltimore and surrounding areas who need to contest license suspensions, emergency suspensions, and other administrative actions.

Attorney Hillel Traub leverages his experience serving as Assistant Attorney General for the Maryland Motor Vehicle Administration (MVA) from 1988 to 1997, bringing unparalleled insight into the administrative hearing process. His firm in Baltimore, MD knows how to protect your rights effectively.

Understanding Maryland MVA Administrative Hearings

What Are Administrative Hearings?

Administrative hearings are separate from criminal court proceedings and require immediate attention. Whether you're facing an emergency suspension following a DUI/DWI arrest or challenging a license revocation, having experienced legal representation can make the difference between keeping your license and losing your driving privileges for months or years.

Maryland MVA administrative hearings are formal proceedings conducted by the Office of Administrative Hearings (OAH) to determine whether administrative actions against your driving privileges should be upheld. These hearings are civil in nature and focus solely on your driving record and eligibility to maintain a valid driver's license in Maryland.

Common Reasons for Administrative Hearings in Maryland

• License Suspension or Revocation: When the MVA seeks to suspend or revoke your license due to point accumulations, serious traffic violations, or failure to maintain required insurance coverage.
• Emergency Suspensions: Immediate license suspensions following DUI/DWI arrests, particularly when breath test refusal or high BAC levels are involved.
• Medical Review Hearings: Cases where the MVA questions your medical fitness to drive safely, often following accidents or medical reports.
• Habitual Offender Proceedings: When the MVA seeks to declare you a habitual violator due to multiple serious traffic offenses within a specified time period.

How Attorney Hillel Traub Can Protect Your Driving Privileges

Comprehensive Hearing Preparation

The Law Office of Hillel Traub approaches each administrative hearing with meticulous preparation. This includes:

• Evidence Review: Thoroughly examining all documentation, police reports, and MVA records related to your case to identify weaknesses in the state's position.
• Witness Preparation: If witness testimony is beneficial to your case, we ensure all witnesses understand the hearing process and are prepared to present effective testimony.
• Legal Research: Researching relevant statutes, regulations, and case law to build the strongest possible defense strategy.
• Documentation Gathering: Collecting medical records, employment verification, and other supporting documentation that demonstrates your need for driving privileges.

The Administrative Hearing Process in Maryland

Requesting Your Hearing

Time is critical when requesting an administrative hearing in Maryland. You typically have only 10 days from the date of notice to request a hearing. Missing this deadline means accepting the proposed administrative action without the opportunity to contest it. The Law Office of Hillel Traub can help you:

• File your hearing request within the required timeframe
• Ensure all necessary documentation is properly submitted
• Communicate with the Office of Administrative Hearings on your behalf
• Prepare for the hearing process from the initial request through final decision

What to Expect During Your Hearing

Administrative hearings in Maryland are conducted by Administrative Law Judges (ALJs) who are independent of the MVA. The hearing process typically includes:

• Opening Statements: Both sides present their positions to the judge.
• Evidence Presentation: The MVA presents its case first, followed by your defense presentation.
• Witness Testimony: Relevant witnesses may testify on behalf of either party.
• Cross-Examination: Each side has the opportunity to question the other's witnesses.
• Closing Arguments: Final arguments summarizing the evidence and legal positions.
• Decision: The ALJ issues a written decision, usually within 30 days of the hearing.

Defending Against Emergency Suspensions

DUI/DWI Related Suspensions

Emergency suspensions following DUI/DWI arrests are among the most serious administrative actions. These suspensions take effect immediately and can last for extended periods. The Law Office of Hillel Traub challenges these suspensions by:

• Questioning the Traffic Stop: If the initial traffic stop lacked reasonable suspicion, any subsequent administrative action may be invalid.
• Challenging Test Results: Breath test equipment must be properly maintained and calibrated. We investigate maintenance records and operator training to identify potential issues.
• Examining Police Procedures: Officers must follow specific protocols during DUI investigations. Procedural violations can undermine the MVA's case.
• Presenting Alternative Explanations: Medical conditions, medications, or other factors may explain observations that police attributed to alcohol impairment.

Breath Test Refusal Cases

• Questioning whether you were properly advised of the consequences of refusal
• Examining whether you actually refused testing or were unable to provide an adequate sample
• Challenging the validity of the traffic stop that led to the test request
• Investigating whether medical conditions prevented you from completing the test

Protecting Commercial Drivers' Licenses

CDL Administrative Hearings

Commercial drivers face particularly severe consequences from administrative actions. A CDL suspension can end careers and devastate families financially. The Law Office of Hillel Traub understands the unique challenges facing commercial drivers and provides aggressive representation to protect CDL privileges.

Commercial drivers must navigate both federal and state regulations, creating additional complexity in administrative proceedings. Our experience with CDL violations ensures we understand these intricate requirements and can effectively advocate for commercial drivers' rights.

Out-of-State Commercial Drivers

Commercial drivers licensed in other states but facing Maryland administrative actions require careful handling to prevent license problems in their home states. We coordinate with licensing authorities across state lines to minimize the impact of Maryland proceedings on out-of-state licenses.

Representing Clients Throughout the Baltimore Area

Local Court Knowledge

The Law Office of Hillel Traub has extensive experience representing clients at administrative hearings conducted throughout the Baltimore metropolitan area. Our familiarity with local Administrative Law Judges, hearing locations, and procedural preferences helps us provide more effective representation.

Administrative hearings for Baltimore area residents are typically conducted at the Office of Administrative Hearings locations in Hunt Valley, Columbia, or other nearby facilities. We handle all aspects of the hearing process, including:

• Scheduling and rescheduling hearings when necessary
• Coordinating with court reporters and interpreters
• Managing document submissions and evidence presentation
• Following up on post-hearing requirements

Frequently Asked Questions About Administrative Hearings

• How long do I have to request an administrative hearing? You typically have only 10 days from the date of notice to request an administrative hearing in Maryland. Missing this deadline means accepting the proposed administrative action without the opportunity to contest it.
• Can I represent myself at an administrative hearing? While you have the right to represent yourself, administrative hearings involve complex legal and procedural issues that are best handled by experienced legal counsel.
• What happens if I lose my administrative hearing? If the Administrative Law Judge rules against you, you may have the right to appeal the decision to the circuit court. Appeals must be filed within specific timeframes.
• Will winning my administrative hearing affect my criminal case? Administrative hearings are separate from criminal proceedings. However, the same evidence and legal issues often apply to both proceedings.
• Can I get a restricted license while my administrative hearing is pending? In some cases, Maryland may allow restricted driving privileges while your hearing is pending or after an adverse decision.

Contact The Law Office of Hillel Traub for Your Administrative Hearing

Don't face a Maryland MVA administrative hearing alone. The consequences of losing your driving privileges extend far beyond transportation – they affect your ability to work, care for your family, and maintain your independence. With the stakes this high, you need experienced legal representation.

Located on Reisterstown Road in Northwest Baltimore, our office serves clients throughout Baltimore City and the surrounding areas. Schedule your free consultation today by calling 410-205-5603 or visiting our contact page online.