What can i do, my first dui the was no hearing because the police investigated and found out the police did lied.
3 attorney answers
As the other attorneys answered, the MVA proceedings are separate and your driving record should show whether you blew .08 or more or refused a breath test in 2006. But most judges would treat your 2nd DUI as a first if the first was dropped in court. You can look your case up on Maryland Judiciary Case Search and your driving record to see if the records confirm what you say.
However, none of that matters if your case Is in Prince George’s County and you are willing to plead guilty, because on appeal, you will have a status hearing before Judge Femia. He treats all offenses as first offenses if there are no priors within 10 years. So he would not consider your 2006 case as a first offense.
The appeal MUST be filed in the District Court within 30 days of the court date.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Mr. Scherr is correct, and I suspect that you received some license sanction on account off the 2006 DUI from the MVA, which now makes this your second DUI-related suspension for MVA purposes; however, this is your first DUI for court and sentencing purposes. Hire a lawyer to address both issues. The MVA suspension happens first, followed by the DUI case in court. If the MVA action happened within the past 30 days, you may appeal to the circuit court in the county where you reside. You will need a legal basis to prevail, however, so review what happened with a lawyer. You also should retain counsel for court, because you should be able to keep the conviction off your record.
When you are arrested for a DUI, there are two things that happen. The first is that the MVA can suspend your license for blowing .08 or above or for refusing the breathalyzer test. The second is that you have to go to court for the tickets. The proceedings are independent of one another.
I suspect that in 2006, you had an administrative hearing and the judge either gave you a restricted license for work or school or made you install the ignition interlock. It is also possible that you elected the interlock without a hearing or served a suspension without a hearing. When you recently received a DUI and requested the MVA hearing, they treated it as a second offense.
The 2006 charges were dropped and you did not have to go to trial, but this had no bearing on the MVA hearing or suspension in 2006.
You will be treated as a first time offender when you go to court for the trial on the citations themselves.
You should be speak with an attorney about what happened at the MVA hearing to determine whether there are any appealable issues. There are time deadlines so you should proceed expeditiously.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.