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Maryland MVA hearing for 2013 DUI. I was convicted but maybe eligible for pbj based on a pending motion for reconsideration.

Glen Burnie, MD |

The only reason I was unable to get pbj at the trial was due to a Federal DUI conviction (US Park Police - I-295) on my record from 2007 which carried 0 points and was not sent to MVA. The judge said she would reconsider granting pbj based upon completion of 6 months of supervised probation, and 26 weeks of drug/alcohol classes. Now MD MVA is trying to suspend my license for another 180 days (currently half way through initial 180 day suspension) based upon the 8 points connected to the conviction, however if pbj granted 0 points on my license. All legal parties seemed very confused by Federal DUI and I fall in some legal grey area for probation before judgment. I am unable to join interlock program since I no longer own or have access to a vehicle. What can I expect at MVA hearing?

I do have an excellent attorney retained for the criminal case but can't really afford the $ it would cost to retain them for the MVA hearing as well, they've already filed the motion for reconsideration. I was told to request a hearing and pay the $150 associated with requesting a hearing to keep the second suspension in abeyance. My 6 months of supervised probation and 26 weeks of classes ends around Oct/Nov, started at end of April. However my initial suspension will end around July/August since it started at the end of January, a few days after my arrest. I'm trying to buy a car to have interlock installed since that is also part of my probation/sentence but need time to save up. Can I choose not to reinstate my license at end of July, postponing it until can get car/interlock? Is this something a layperson could file/secure with the docket specialist once granted a hearing?

Attorney Answers 4


  1. Best answer

    The MVA/Office of Administrative Hearings will normally stay the suspension/revocation action when there is a pending motion to reconsider for purposes of granting a PBJ. Your lawyer needs to notify the MVA/OAH of this and secure the stay of proceedings.


  2. You should speak with an attorney. It is possible to have the MVA hearing delayed, but certain paperwork must be filed with the Court, and the Office of Administrative Hearings.


  3. Request a hearing. Hire a lawyer who understands MVA hearings Case may be able to be postponed until pbj hearing, that if granted, will result in the MVA taking no further action

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  4. Consider seeking a confidential consultation with an experienced criminal defense attorney.

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