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?
Personal Injury Lawyer
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.
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DUI / DWI Attorney
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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Federal Crime Lawyer
Consider seeking a confidential consultation with an experienced criminal defense attorney.
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