When Can a Police Officer Pull You Over in Maryland?
When driving in Maryland, you may worry about being pulled over and wonder when a traffic stop is legal. According to the Fourth Amendment of the U.S. Constitution, law enforcement must have reasonable suspicion before pulling you over. When they do, they cannot prolong the stop or look for other violations. Our knowledgeable lawyer at The Law Office of Hillel Traub understands these laws and can help you seek justice if your rights are violated.
With over 30 years of experience handling Maryland’s most complex traffic violation cases, you can rely on our comprehensive services and guidance every step of the way. We communicate honestly, giving you a better understanding of your rights and the decisions you must make for your future. Our trusted lawyer takes the time to listen to your story and understand your needs to create a personalized strategy that helps hold the officer accountable and reduce or drop your charges.
- When Is a Traffic Stop Legal in Maryland?
- What Can a Police Officer Do When They Pull You Over?
- Schedule a Free Consultation With the Seasoned Maryland Lawyer at The Law Office of Hillel Traub
When Is a Traffic Stop Legal in Maryland?
In Maryland, a cop cannot pull you over to look for a crime or investigate your vehicle. They must have a valid reason, such as violating traffic laws in the following ways:
- Speeding
- Driving recklessly
- Headlight or taillight out
- Expired registration tags
- Obstructed vision
These pretextual stops may be for minor traffic violations, but officers can use them to investigate a more serious crime, like a DUI or drug possession. If you get pulled over, you have the right to record law enforcement, creating a clear record of any wrongdoing and protecting your rights.
What Can a Police Officer Do When They Pull You Over?
In addition to having a valid reason to pull you over, law enforcement is only allowed to do certain actions during a traffic stop. These actions include the following:
- Ask for your driver’s license, insurance information, and vehicle registration
- Ask you and other passengers to step out of your vehicle
- Look in and around your vehicle if they are reasonably suspicious that there is evidence of a crime
- Inspect your trunk and glove compartment if they have probable cause
- Pat you down to ensure you have no weapons
The police officer who pulls you over may also ask questions about your driving and other details. While you don’t have to answer questions you don’t want to, it’s essential to remain calm and polite, as the officer will likely tell the judge about your behavior during the traffic stop if your case goes to court. If you believe the cop who pulled you over did not have a valid reason or violated your rights during the traffic stop, our experienced lawyer at The Law Office of Hillel Traub is here to help.
Schedule a Free Consultation With the Seasoned Maryland Lawyer at The Law Office of Hillel Traub
Getting pulled over by a police officer can be an overwhelming experience, but understanding your rights and when police can legally stop you is crucial. If law enforcement pulls you over illegally in Maryland, get in touch with The Law Office of Hillel Traub as soon as possible. We thoroughly investigate your situation, consider every detail, and work hard to build a strong claim that gives you the best results.
As a former MVA lawyer, Attorney Hillel Traub understands what it takes to fight for your rights. We have the expertise of a large firm with the relationships of a small one, giving us a proven track record of success for our clients. Our effective and trusted legal representation allows you to rest assured your case is in the right hands. Give us a call at (410) 835-4841 or fill out our contact form to schedule a free consultation today.
Maryland’s booster seat laws are designed to keep children safe while riding in a vehicle. These laws require children to use booster seats until they meet certain age, height, and weight requirements. Complying with these laws can reduce the risk of serious injuries by 45% for children ages four to eight when compared with seat belt use alone. However, if you fail to abide by booster seat regulations, you may be subject to paying fines and other penalties.
Booster seats are one of the best ways to keep children safe while traveling. At The Law Office of Hillel Traub, we are here to help you understand Maryland seatbelt laws to protect your family and avoid fines.
- 3 Scenarios When You Are in Violation of Maryland’s Booster Seat Laws
- When Can Your Child Ride Safely Without a Booster Seat?
- Contact the Traffic Violations Lawyer at The Law Office of Hillel Traub
3 Scenarios When You Are in Violation of Maryland’s Booster Seat Laws
Unfortunately, many children stop using a booster seat before it’s safe to do so, with over 25% of children within the age range not utilizing a proper child restraint. If their bodies cannot sit on a seat with a properly secured seatbelt, they are at greater risk of injury during a collision.
You may be in violation of Maryland’s booster seat laws if you fail to comply with the following:
- Age requirements: Maryland law requires that all children under the age of eight years old use a booster seat unless they are 4’9” tall. If a child is not using a booster seat as required, the driver can be fined $50 for the first offense.
- Height requirements: Even if a child is older than eight, they may still be required to be secured a booster seat if they are not yet 4’9” tall. The booster seat helps ensure the vehicle’s seat belt fits securely across the child’s lap and shoulder, reducing the risk of serious injury in the event of an accident.
- Weight requirements: Maryland law also requires that children use a booster seat until they outgrow the manufacturer’s recommended weight requirement or are over 65 pounds or more.
Even though Maryland does not have a set age limit for sitting in the front seat of a vehicle, it is important to note that the back seat is the safest area for all children. Airbags may deploy at over 200 mph and cause serious injuries or death to children.
When Can Your Child Ride Safely Without a Booster Seat?
When determining whether a child is ready to ride lawfully in a vehicle without a booster seat, you must take the 5-step test. Have your child sit in the vehicle without a seatbelt and observe the following:
- Does the belt cross between the neck and shoulder?
- Is their back against the seat?
- Is the lap belt sitting across their upper legs and across the hips?
- Are their knees bent at the edge of the seat?
- Can they sit comfortably and correctly in this position for the entire ride?
If the answer is no to these questions, they should continue to ride in a booster seat. The answers to these questions are not universal to all vehicles and must be assessed before riding without a booster seat in a different vehicle.
Contact the Traffic Violations Lawyer at The Law Office of Hillel Traub
Sadly, many children are injured or suffer accident fatalities in Maryland every year. In some cases, parents may have failed to comply with booster seat requirements and were in violation of Maryland booster seat laws.
Consult with an experienced Maryland traffic violations lawyer at The Law Office of Hillel Traub if you have questions about booster seat laws to protect your children on the road. Attorney Hillel Traub is a former lawyer for the MVA with over 30 years of experience and is an invaluable asset in helping parents understand Maryland seatbelt laws to avoid fines and other penalties. Schedule a free consultation by calling (410) 835-4841 or filling out our contact form.
MVA administrative hearings can determine your ability to drive legally, and it’s important that you prepare properly. Getting skilled help to prepare for the process is one of the best ways to make sure that you are ready and able to manage the hearing successfully.
The key to a successful hearing is how you prepare, and working with a lawyer is one of the best ways to prepare for any hearing. The Law Office of Hillel Traub has the experience to lead you through the process and can make a big difference in the outcome. Give yourself a better chance at securing a good outcome by working with us.
- What Is an MVA Administrative Hearing?
- How an MVA Hearing Affects Your Driver’s License and Record
- The MVA Hearing Process: What to Expect
- Contact The Office of Hillel Traub Today
What Is an MVA Administrative Hearing?
An MVA hearing is a formal process that allows you to contest actions taken by the Motor Vehicle Administration (MVA) regarding your driving privileges. This hearing provides an opportunity for you to present your case and challenge any suspensions or revocations of your driver’s license. The outcome can dramatically affect your ability to drive legally and may have long-lasting implications on your driving record.
Common Reasons for an MVA Hearing Request
There are several common reasons why you might request an MVA administrative hearing. One of the most prevalent reasons is receiving a DUI or DWI charge, which often leads to automatic license suspension.
Another common cause is accumulating too many points on your driving record, which may trigger penalties or revocation. If your license was suspended due to failure to pay fines or comply with court orders, you may seek a hearing to contest these actions and restore your driving privileges.
Other reasons for requesting an MVA hearing include disputes regarding identity theft or mistaken identity where someone else’s offenses are incorrectly attributed to you. Regardless of the reason, each situation is unique and requires careful consideration.
How an MVA Hearing Affects Your Driver’s License and Record
The outcome of an MVA administrative hearing can have significant repercussions on your driver’s license and driving record. If the hearing officer rules against you, it may result in the suspension or revocation of your driving privileges, which can impact your daily life and ability to commute. On the other hand, a favorable ruling can lead to the reinstatement of your license, allowing you to drive legally once again.
The implications of an MVA hearing extend beyond just your immediate driving privileges. A negative outcome can also result in points being added to your driving record, which may increase your insurance premiums and affect your ability to secure certain jobs that require driving.
The MVA Hearing Process: What to Expect
The MVA hearing process typically begins with receiving a notice that outlines the reasons for the hearing and the date it is scheduled. During the hearing, you will have the opportunity to present your case, which includes submitting relevant documents and evidence that support your position. The hearing officer will listen to both sides, including the MVA’s representatives, before making a decision.
Following the presentation of evidence, the hearing officer will deliberate, and you will receive a written decision shortly after. Knowing what to expect during this process can empower you to engage confidently and effectively advocate for your rights.
Contact The Office of Hillel Traub Today
The Law Office of Hillel Traub can provide you with insights into the hearing process, including what to expect and how to respond to any challenges posed by the MVAs representatives. We can analyze the specifics of your case, identify potential weaknesses, and develop a robust argument to counter any claims against you.
Ultimately, having a knowledgeable attorney by your side can alleviate much of the stress associated with the hearing, allowing you to focus on presenting your case effectively. Call The Law Office of Hillel Traub at (410) 835-4841 or use our contact form.
It only takes a brief moment of distraction or misjudgment to lead to a traffic ticket, causing you to potentially face fines, points on your driving record, and higher insurance rates. Thankfully, a lawyer can help you challenge many types of traffic tickets, guide you through the process, assess your options, and work to minimize the impact of the ticket on your life.
The Law Office of Hillel Traub has over 30 years of practice fighting traffic tickets in Maryland. During that time, Attorney Hillel Traub has guided countless clients through the challenges of various traffic violations. Whether you are dealing with a minor infraction or a more serious charge, Attorney Hillel Traub’s extensive experience and background as a former lawyer for the MVA will prove invaluable when contesting your traffic ticket.
- Types of Traffic Tickets a Lawyer Can Help You Fight in Maryland
- Contact a Maryland Lawyer To Help You Fight a Traffic Ticket
Types of Traffic Tickets a Lawyer Can Help You Fight in Maryland
Each traffic ticket in Maryland carries its own consequences, from fines and points on your driving record to potential license suspension. Fortunately, an attorney can work with you to fight the penalties of many infractions, such as:
Speeding Tickets
The penalties for speeding in Maryland can include fines and points on your driving record, which may lead to increased insurance premiums. A lawyer can help assess the circumstances of your case and investigate factors, such as the accuracy of the speed measurement or any unusual road conditions, that may have influenced the situation.
Reckless Driving
Reckless driving is a serious offense that often carries harsher penalties than standard traffic violations. This charge can arise from aggressive driving behaviors like excessive speeding, tailgating, or erratic lane changes. The consequences of a reckless driving conviction can be severe, including hefty fines, points, and even jail time. An experienced attorney can negotiate for lesser charges or reduced penalties. They can also examine evidence and witness statements to demonstrate that the behavior in question did not rise to the level of recklessness.
Driving Under the Influence (DUI)
A DUI conviction can result in substantial fines, license suspension, and jail time. In these situations, having legal representation is crucial. A lawyer can evaluate the arrest circumstances, including the legality of the traffic stop and the administration of sobriety tests. They can challenge improper procedures or evidence, potentially leading to reduced charges or even dismissal of the case entirely.
Driving Without Insurance
Maryland law requires drivers to maintain valid insurance coverage. Getting caught driving without insurance can lead to severe penalties, including fines and points on your record. If facing this charge, a lawyer can review the circumstances surrounding the violation. They can demonstrate that you had insurance coverage at the time or assist in finding another solution to mitigate the consequences.
Driving with a Suspended License
A suspended license can create a cycle of violations that can be hard to escape. If caught driving on a suspended license, you could face additional penalties, including more points and fines. An attorney can help you navigate the legal system, offering advice on reinstating your license and potentially reducing penalties for the current offense.
Distracted Driving
Getting a ticket for distracted driving can feel unjust. With the help of a lawyer, you can fight back against these charges. Your attorney can examine the details of the stop and determine whether the officer had adequate reason to issue the ticket. They may be able to argue that the evidence doesn’t support a distracted driving charge or even negotiate for a lesser penalty.
Contact a Maryland Lawyer To Help You Fight a Traffic Ticket
Traffic violations can lead to serious consequences, including fines, points on your driving record, and increased insurance rates. At The Law Office of Hillel Traub, we have over 30 years of experience helping drivers challenge and reduce the impact of traffic tickets in Maryland.
Whether it’s a minor speeding ticket or a more severe offense like DUI or reckless driving, Attorney Hillel Traub can assist in lessening penalties, thanks to his deep understanding of Maryland traffic law and experience as a former lawyer for the MVA. If you are facing any traffic violations, contact Hillel Traub today at (410) 835-4841 or through the contact form to discuss how he can help.
After receiving a traffic ticket in Maryland, you may be tempted to just pay the fine and move on, especially if it is your first violation or an inexpensive fine. However, making this decision can result in serious consequences in the long run. Whether you received a speeding ticket or another type of traffic violation, retaining the help of a Maryland traffic lawyer can help you preserve a clean driving record.
When looking for a traffic lawyer in Maryland, consider their trial experience, track record of success, fee structure, and communication so you can have the resources and guidance necessary to secure the best outcome. At The Law Office of Hillel Traub, attorney Hillel Traub has over 30 years of experience fighting complex traffic violations for Maryland clients. As a successful litigator with proven results, he knows how to fight for you.
- 4 Things to Look For When Retaining a Top Maryland Traffic Lawyer
- How a Maryland Traffic Lawyer Can Help Resolve My Traffic Ticket
- Speak With the Experienced Maryland Traffic Lawyer at The Law Office of Hillel Traub
4 Things to Look For When Retaining a Top Maryland Traffic Lawyer
When searching for a traffic lawyer in Maryland, there are a number of criteria to look at to help make sure that they will tirelessly fight to help you avoid adding points to your driving record or to assist with having potential traffic charges, fines, and other penalties dropped.
The following four criteria can help you decide on the best traffic lawyer for your unique circumstance:
1. Trial Experience
Although any traffic lawyer can represent you in court, it is in your best interest to retain a lawyer with significant trial experience who has resolved many traffic violations and offense cases in Maryland similar to yours.
2. Clear Fee Structure
When looking for a highly qualified traffic lawyer, you should prioritize a lawyer with a transparent fee structure. Finding a lawyer with the resources of a large firm but the hands-on attention of a smaller firm will offer the best value without sacrificing a favorable outcome for your case.
3. Effective Communication
A common complaint from clients is that lawyers don’t always keep them informed on the details of their cases. Working with an experienced lawyer with open channels of communication is essential to your peace of mind. It will also help keep you informed about the outcome of your case and provide legal guidance.
4. Location
The traffic lawyer you retain should practice in the same area where your case will be prosecuted because they are more likely to have established relationships with the prosecutors and judges. A lawyer from a different area may not be familiar with the parties on the other side, which can weaken your case.
How a Maryland Traffic Lawyer Can Help Resolve My Traffic Ticket
As a previous Maryland Assistant Attorney General for the Maryland Motor Vehicle Administration, attorney Hillel Traub has an accomplished understanding of MVA practices and is well-versed in all motor vehicle issues, from moving traffic violations to DUIs.
There are many ways a Maryland traffic lawyer can help you preserve a clean driving record and avoid any penalties or convictions for serious moving violations.
The following are ways our experienced traffic lawyer at The Law Office of Hillel Traub can help protect your interests in your traffic violation case:
- Negotiating for a lower fine or dropped charges
- Avoiding a license suspension
- Representing you in court
- Avoiding higher insurance rates
- Keeping points off your driving record
Whether you received a citation for speeding, reckless driving, or even running a stop sign, your experienced traffic lawyer should work tirelessly to help you avoid penalties and fines associated with a moving violation.
Speak With the Experienced Maryland Traffic Lawyer at The Law Office of Hillel Traub
There are many benefits to working with the right Maryland traffic lawyer at The Law Office of Hillel Traub, including not having to appear in court, peace of mind that your best interests are protected, and understanding your best legal options from initial consultation to resolution.
As a former Assistant Attorney General for the Maryland MVA, attorney Hillel Traub has over 20 years of experience and has resolved countless traffic issues personally for each client. Schedule a no-cost consultation by calling (410) 835-4841 or filling out our contact form.
What to Know About Your Arraignment in Maryland
If you’ve been arrested for allegedly violating a criminal traffic offense in Maryland, the judge will formally state the charges against you the first time you enter the courthouse. This step in the criminal justice process is called an arraignment. It serves to inform you of your indictments, outline the maximum penalties associated with the charge, and allow you to enter a plea of “guilty,” “not guilty,” or “no contest.”
Although you may be able to represent yourself in court when you’re charged with a crime, having a professional criminal defense lawyer in Maryland to help fight your charges and seek lesser penalties will ensure the best possible outcome at the end of your trial. Your criminal defense lawyer will be with you during the arraignment and will help you know ahead of time how you should plea to the charges.
- When Does an Arraignment Take Place?
- What Happens During an Arraignment in Maryland?
- What Is the Impact of Various Pleas During an Arraignment in Maryland?
- Contact Hillel Traub When You Need Criminal Traffic Defense
To learn more about arraignments and how a criminal defense lawyer can help your case, read on below.
When Does an Arraignment Take Place?
An arrestee is not legally a criminal until convicted—a process that begins with a charge for a specific crime. In Maryland, this starts with bringing an arrestee to court for an arraignment.
Your arraignment will be held after you’ve been arrested but before sentencing. Determining when your arraignment will take place isn’t always concrete as it often depends on how heavy or light the caseload is for the judge and court system. However, arraignments are generally a speedy process, and the Supreme Court has established that criminal arraignments must take place as soon as possible for those accused. This aligns with the Sixth Amendment, which guarantees your right to a speedy trial.
In nearly every case, suspects will attend their arraignment within 24 hours of incarceration. If you’re not arraigned until many months or more after your arrest, your criminal defense lawyer can petition the court and request a judge to dismiss your case.
What Happens During an Arraignment in Maryland?
At an arraignment, the judge will formally charge you with a crime, bail may be raised or lowered, and you’ll be asked to tell the court whether you plan to plead guilty, not guilty, or no contest.
The court will also take this time to advise you of your right to counsel if you don’t already have an attorney. This is the opportunity for a defendant to be assigned an attorney if necessary, though it’s highly advised that you secure the guidance of an experienced private attorney who has a more focused caseload, more time to spend with each client, and more legal resources to protect your rights.
After the arraignment, the defendant’s counsel will be able to study the charges in detail and advise the defendant regarding important laws. The case will then move forward according to a schedule set by the court.
What Is the Impact of Various Pleas During an Arraignment in Maryland?
At an arraignment, a person will almost always enter a plea of not guilty to all charges. Nevertheless, a credible Baltimore traffic violation defense attorney will help determine the most strategic plea for your circumstances based on the facts of your case.
These are the most commonly utilized plea options at your disposal:
- Guilty plea: A guilty plea means that the individual admits to all charges and is willing to face whatever penalty the court imposes. It’s important that you speak to an attorney before choosing to plead guilty at an arraignment.
- Not guilty plea: A not guilty plea means that the individual doesn’t admit to any charges. Although it’s not necessarily a full denial of the charges, a not guilty plea means that the defendant intends to hold the state of Maryland to its burden of proof.
- No contest: This option—formally known as “nolo contendere”—means that the individual, while not admitting guilt, doesn’t dispute the charge against them. This is preferable to a guilty plea as guilty pleas may be used against individuals in other matters.
If you’ve been arrested for a criminal traffic offense in the state of Maryland, it’s vital that you contact an attorney before your arraignment to begin the defense of your case. Though defendants who meet certain criteria are entitled to a court-appointed attorney during a criminal case, you’ll benefit from reaching out to a seasoned criminal defense attorney in your community who can protect your rights.
Contact Hillel Traub When You Need Criminal Traffic Defense
For experienced legal guidance and defense after your traffic violation, look no further than The Law Office of Hillel Traub. Attorney Hillel Traub, who’s previously worked as an Assistant Attorney General for the Maryland MVA, has extensive experience working with people who are accused of traffic violations and DUIs. Along with his unique insight into the agency’s operations, Hillel has a proven track record of eliminating or reducing the fines and penalties associated with DUIs, traffic tickets, citations, and other violations.
The legal team at Hillel Traub is here to fight for your rights. To discuss your violation and potential strategies for your arraignment, call (410) 835-4841 today or complete our online contact form today.
After someone refuses or fails a breath test, or is charged with a DUI, they will often have to attend a hearing with the Motor Vehicle Administration (MVA). During the hearing, the MVA will determine if your driving privileges should and will be suspended due to the DUI charges or conviction. For those in need of keeping their license, they’ll need to actively prepare for an MVA hearing to appeal the suspension of their license.While fines and possible incarceration are handled farther out, there is a time limit on an MVA hearing’s decision. If you want to keep your license until the MVA makes a ruling, you have ten days to request an appeal. However, if you miss the deadline and want to request an appeal, you’ll have to do so in 30 days. These time limits are strictly enforced but coming to a hearing unprepared will likely result in an unfavorable outcome.
What to Prepare for an MVA Hearing in Maryland
An MVA hearing is the only opportunity to reduce the harsh penalties a person can face after a breath test failure or refusal, and DUI charge. With the assistance of a DUI and MVA hearing attorney, you’ll have someone by your side who has the experience and extensive knowledge of the proper procedures and documents you’ll need for the case.Some ways that you can prepare yourself for an MVA hearing include:
Understanding the Process
An MVA hearing is a very straightforward and streamlined process. The proceeding is held in front of an Administrative Law Judge in a hearing room the size of a standard office. Those present will be the accused driver, their attorney, and the administrative law judge. During the process, the judge will present the MVA’s case, go over any documents sent by the officer, and then ask you to present your case.By yourself, the MVA hearing process may feel tense and unnerving, but an attorney can make sure you’re prepared for the case.
Gathering Evidence and Documentation
In order to defend against the suspension of your license, you’ll need to present evidence on why you need your driving privileges and how a suspended license will affect your life and maybe others as well.The following are some pieces that can significantly impact the outcome of your case:
- A Letter of Employment: Some jobs require you to drive, and Judges aren’t looking for people to lose their jobs. If you have a compelling argument that showcases your proof of employment and how a suspended license can impact your job abilities, you’ll have a solid argument.
- School Transcript: Like a letter of employment, a school transcript can show that you’re in school and need a license to attend classes. If you are unable to finish your degree or can’t attend the required meetings, you may not be able to progress in your studies. Another great aspect of this is having high grades or accomplishments that showcase your activeness and participation in college events.
- Lack of Viable Public Transportation: When you present the two pieces of information above, you’ll also need to provide why public transportation is not a viable option for transportation. In some cases, bus stops, or other forms of public transportation are not an option, which will further your case of why you need your license.
Gathering evidence is an essential part of the hearing process and has a significant impact on your case. While you may think something isn’t a great example of evidence, an attorney can clearly distinguish between what is essential to note and what isn’t.
Discussing Your Options with a Lawyer
Because you are facing a judge in an up-close setting, it is natural to feel anxious. Working with an attorney will prepare you for questions you may be asked and other unexpected situations you aren’t familiar with. A dependable attorney will make sure you have all the required documentation and evidence for the hearing.In any situation that involves legal consequences, coming prepared can change the outcome and reduce the likelihood of harsh penalties. Everyone makes mistakes, and while taking responsibility for our actions is important, some punishments can change our lives forever.
Call Attorney Hillel Traub for Dependable Legal Representation in Maryland
A suspended license can cause you to lose more than just your driving privileges. Whether your job requires you to drive or you’re responsible for picking up your children, there are many situations where you’ll need a license. At the Law Office of Hillel Traub, we are dedicated to offering clients accessible communication and honest legal advice. With years of experience advocating for clients’ rights, we’ve gathered an extensive amount of knowledge and resources that can help you in your MVA hearing.Call (410) 835-4841 or fill out our contact form to schedule a free consultation.
What to Expect From an MVA Hearing
When summoned by the Motor Vehicle Association (MVA) for a hearing, it is natural to feel apprehension and uncertainty, especially if you are unfamiliar with the process. This hearing is critical in addressing various issues related to your driving privileges, such as license suspensions, revocations, or accumulated points. Understanding what to expect during an MVA hearing can help you effectively prepare for the process while also reducing stress.
An MVA hearing in Maryland is a formal process where you will have the opportunity to present your case in front of an administrative judge, often in response to actions taken by the Motor Vehicle Administration regarding your driver’s license. Working with an experienced lawyer at The Law Office of Hillel Traub provides you with the best opportunity to present evidence, argue your case, and potentially reverse or mitigate the MVA’s decision.
- A Guide to What To Expect From an MVA Hearing
- Speak With the Experienced MVA Hearing Lawyer at The Law Office of Hillel Traub
A Guide to What To Expect From an MVA Hearing
When you are scheduled for an MVA hearing in Maryland, being well-informed about the process can help alleviate some of the stress and uncertainty. The following is a guide to what you can expect:
- Notification and scheduling: You will receive a notice from the MVA detailing the reason for the hearing, the date, time, and location. Ensure you mark this in your calendar and plan to arrive early.
- Format of the hearing: MVA hearings are typically formal and are conducted by an administrative judge. The setting is more informal than a typical courtroom but still maintains a level of formality.
- Presentation of the case: You will have the opportunity to present your case. This may include explaining your situation, presenting evidence, and answering questions posed by the judge. Your lawyer can help you during this process.
- Evidence and testimony: You and your lawyer are allowed to bring documents, such as a driving record, character references, or evidence of a clean driving history. Witnesses can also be brought in to testify on your behalf.
- Opposing arguments: If there is a representative from the MVA or any other party involved, they will also present their side.
- Decision-making: After hearing both sides and reviewing the evidence, the judge will make a decision. This may happen immediately after the hearing or at a later date. The decision will be communicated to you, typically in writing.
- Possible outcomes: After the hearing, the administrative law judge can uphold the MVA’s action, or take “No Action” which means the MVA’s action will not be imposed. The ALJ can also grant a restricted license for work or school purposes. The judge may also offer alternative solutions, such as attending a driver improvement program.
- Post-hearing actions: Depending on the outcome, you may need to take further actions, attending courses, or following specific instructions from the judge. If you are dissatisfied with the outcome, you have 30 days to file an appeal to the Circuit Court.
Preparing for an MVA hearing involves understanding these steps and being ready to effectively present your case. As a former lawyer for the MVA, Attorney Hillel Traub can guide you through the process and help maximize your chances of a favorable outcome.
Speak With the Experienced MVA Hearing Lawyer at The Law Office of Hillel Traub
The outcome of an MVA hearing can significantly impact your driving privileges and, by extension, your daily life. Approaching this process with a clear understanding and thorough preparation is key to presenting your case effectively.
If you are feeling overwhelmed or uncertain about navigating the MVA hearing process, seek the legal guidance of Attorney Hillel Traub at The Law Office of Hillel Traub, who will help you gather and present evidence and advocate on your behalf during the hearing. As a former lawyer for the MVA with over 30 years of experience, he will work to achieve the best possible resolution. Schedule a complimentary consultation by calling (410) 835-4841 or fill out our contact form today.
Being accused of resisting arrest is a serious legal matter with significant consequences. Resisting arrest involves intentionally obstructing or opposing a law enforcement officer’s attempt to perform a lawful arrest. If you find yourself facing such an accusation, it’s vital to understand your rights and take the appropriate steps to protect your interests.
Working with an experienced Maryland traffic and criminal attorney can help you build a strong defense strategy, such as challenging the legality of the arrest, questioning the officer’s actions or credibility, or presenting evidence that supports your innocence or justifies your actions. At The Law Office of Hillel Traub, Attorney Hillel Traub has over 30 years of experience and is prepared to fight for you.
- What is Resisting Arrest?
- 5 Legal Defenses for Resisting Arrest
- Contact a Resisting Arrest Lawyer at The Law Office of Hillel Traub
What is Resisting Arrest?
Under Maryland Criminal Law Code § 9-408, you may not intentionally resist a lawful arrest or interfere with a police officer making or attempting to make a lawful arrest of another person.
It’s important to note that resisting arrest does not include the following:
- Slowly responding to an officer
- Asking why you are being arrested
- Verbally insulting or swearing at an arresting officer
If you’ve been accused of resisting arrest, take the following steps:
1. Stay Calm and Comply With Instructions
During any encounter with law enforcement, it is important to stay composed. If you are being arrested or detained, comply with the officer’s instructions to avoid escalating the situation further. Resisting arrest, even if you believe it to be unjust, can lead to additional charges that may potentially worsen your legal position.
2. Invoke Your Right to Remain Silent
Once you have been placed under arrest, remember that you have the right to be silent. Anything you say can be used against you. Politely and respectfully inform the officer that you wish to be silent and would like to speak with an attorney before answering questions.
3. Document the Incident
If possible, try to document the incident as thoroughly as you can. If there were witnesses present, collect their contact information, as their statements may be valuable in building your defense. Additionally, if you sustained injuries during the arrest, seek medical attention and hang on to any medical records.
4. Obtain Legal Representation
Consulting an experienced lawyer is essential when facing charges of resisting arrest. A lawyer can provide invaluable guidance and protect your rights during the legal process. Our lawyer at The Law Office of Hillel Traub can help evaluate the circumstances surrounding your arrest, examine the evidence against you, and work to develop an effective defense strategy tailored to your case.
5. Gather Evidence and Witness Statements
Your lawyer will work with you to gather evidence that supports your defense. This may include obtaining any available video footage, interviewing witnesses, and collecting other relevant evidence that can challenge the prosecution’s version of events.
5 Legal Defenses for Resisting Arrest
Legal defenses for resisting arrest can vary depending on the circumstances of your case. The following are some common defenses that may be used to diminish or drop your charges:
- Lack of probable cause: If the police officer didn’t have probable cause to arrest you in the first place, it may be a viable defense.
- Self-defense: If you reasonably believe the arresting officer was using excessive force or engaging in unlawful conduct, you may have acted in self-defense.
- Unlawful arrest: If the arresting officer violated your constitutional rights, had no right to arrest you, or engaged in misconduct during the arrest, it may be possible to argue the arrest itself was unlawful.
- Mistaken identity: If you can demonstrate you were mistakenly identified as the person the officer intended to arrest, it may also be a valid defense.
- Lack of intent: Resisting arrest charges typically require proof that you were intentionally obstructed or opposed to the arresting officer. If you can show your actions were accidental, involuntary, or the result of confusion or fear, it may weaken the prosecutor’s case.
Consulting with an experienced defense lawyer is essential to determine the most appropriate defense strategy based on the facts of your case.
Contact a Resisting Arrest Lawyer at The Law Office of Hillel Traub
If you have been accused of resisting arrest, you should seek the legal counsel and representation of a skilled defense lawyer at The Law Office of Hillel Traub to navigate the complex legal system and protect your rights effectively.
As a former lawyer for the MVA, Attorney Hillel Traub is prepared to fight for the justice you deserve. Schedule a complimentary consultation by calling (410) 835-4841 or filling out our contact form.
For many parents, the day their child gets their license is exciting and nerve-wracking. Your child’s safety is your number one priority, and it can be overwhelming to imagine them driving on their own. Of course, every parent wants their child to drive safely when behind the wheel. However, it is not uncommon for children to make mistakes that could cause a dangerous situation to play out. If your underage child is caught driving in Maryland while under the influence, you should contact a DUI lawyer as soon as possible.
At the Law Office of Hillel Traub, Attorney Hillel Traub has experience helping clients who have had their underage child arrested for a DUI in Maryland. You may be feeling helpless and unsure of what steps to take to protect your child. That is why it is crucial that you understand what to do if your underage child has been arrested for a DUI.
- What Penalties Your Underage Child May Be Facing for a DUI in Maryland
- What Are Common Defenses That May Help Your Child’s DUI Case?
- Contact a Maryland DUI Lawyer
What Penalties Your Underage Child May Be Facing for a DUI in Maryland
In the United States, it is illegal in every state for any person under the age of 21 to drink alcohol. Additionally, it is illegal for a person to operate a motor vehicle in the state of Maryland if their blood alcohol content surpasses 0.08%. However, there is a zero-tolerance policy when an underage individual is caught operating a vehicle with any level of alcohol in their system, even if it is under the legal limit. They will likely be arrested and are subject to an underage DUI charge.
Your child’s penalties for being charged with an underage DUI in Maryland will vary depending on their age. In most cases, harsher penalties like jail time and costly fines are typically not given to minors. In Maryland, a minor with a DUI conviction will likely face a penalty of a two-year license suspension and a criminal record that will appear in background checks. If your child is between the ages of 18-20, they may face harsher penalties that are the same or similar to those of an of-age DUI offender. These penalties include:
- Up to 6 months in jail
- 2 year license suspension
- A large fine
- Probation
- Court-ordered substance abuse programs
- Installation of an ignition interlock system to their vehicle
Regardless of the severity of the penalties your child may face, having an underage DUI conviction on their record can negatively impact them for the rest of their life. That is why it is crucial to seek out a trusted DUI lawyer who can provide you with the dedicated representation you will need when building your child’s defense.
What Are Common Defenses That May Help Your Child’s DUI Case?
It is crucial that you work with an experienced Maryland attorney who can help build your child’s defense when facing penalties for an underage DUI conviction. Some common defenses for an underage DUI conviction include:
- Lack of probable cause for an officer to suspect your child was drinking
- Lack of reasonable suspicion to stop your child while they were driving
- Lack of actual physical control of the vehicle at the time the arrest was made
To get help with your child’s DUI case, contact a trusted attorney as soon as possible to avoid your child facing harsh penalties like jail time or probation.
Contact a Maryland DUI Lawyer
The penalties of an underage DUI arrest negatively affect your child’s life. Attorney Hillel Traub is experienced in Maryland’s MVA practices and resolving underage DUI cases. The Law Office of Hillel Traub is here to help you defend your child’s rights and interests. Contact us using our contact form or give us a call at (410) 835-4841 for your free consultation.
Connect with us
Categories
The Law Office of Hillel Traub, P.A. is proud to be your trusted local law office!