I received a PBJ for a DUI in Federal court the Judge Stated my records will be sealed for the concerning suspension of my

Asked over 3 years ago - Great Mills, MD

drivers license, providing I complete the probation period all tasks involved. I received a letter that stated that my drivers license is being suspended by the state of Maryland. Could this be a mistake or did the magistrate court go back on it word. Thanks

Attorney answers (3)

  1. Bruce Michael Robinson

    Pro

    Contributor Level 9
    Best Answer
    chosen by asker

    Answered . Generally speaking, a PBJ is not offered in the Federal Court for a DUI. It depends how your ticket was charged. If in fact they used the Maryland law, then a PBJ would be possible, but it generally does not go that way. If you are correct, and you actually received a PBJ then the MVA will not take action on that result. Conversely, if you are incorrect, and you did not receive a PBJ but rather a guilty conviction from the Court, then you would have exposure for the guilty conviction. However, Maryland generally does not take action on those convictions.
    Thus, what is probably going on, is that the MVA is taking some action against you as an administrative penalty from the original stop/arrest, which has nothing to do with what happened in Court but rather as a ramification of the stop. Look at the paper carefully, or contact counsel to review it with you. Either way, a hearing can be requested at the MVA to mitigate what they are trying to do. You must request a hearing timely.

  2. Abraham Fernando Carpio-Gonzalez

    Contributor Level 14

    Answered . Assuming that the Assimilative Crimes Act was used in your case for the magistrate to give you a PBJ in Maryland, I am not aware of any reason why the magistrate would say that your records will be sealed. And I don't know of any basis that the magistrate would have to do so, since the MVA can have access to that conviction, arguably. Perhaps you heard wrong? You may need to get a copy of the transcript of those proceedings if in fact the magistrate made any rulings or said something concerning your MVA records. Otherwise, you are going to have to face an MVA hearing to fight the suspension.

  3. Larry D Lamson

    Pro

    Contributor Level 12

    Answered . There are two levels of sanctions on your mva issue. If you took a test with a result of .08 or higher then you will have a hearing concerning just that issue. Different sanctions are imposed if the result is a .15 or above or if you refused to take the test. These sanctions are imposed even if you are found not guilty at trial. Look at the letter from the MVA real closely and see exactly what why the MVA is proposing a suspension. In the case it is the taking of the test or refusal you had thirty days to request a hearing and if it was done within ten days your license would not be sanctioned pending a hearing. The PBJ itself is not your problem and no points should have been assessed for that dispostion. I suspect it has to do with the test result or refusal.

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