Thomas G. WitkopLaw Offices

Law Offices

Maryland Motor Vehicle Administration Hearings

Recently motor vehicle administration hearings before the Office of Administrative Hearings have advanced technologically. Instead of a paper file, the administrative law judge will present the evidence via computer screen. Besides saving trees, there is an upside because you can magnify the documents. Often the documents are hard to read at best and illegible at worst.

An additional upside is that they now appear to have printouts of their findings. The printouts are much easier to read but more importantly, they give you of the issues that are before the judge. Below is a sample computer printout. Please call me if I can give you advice on any motor vehicle administration hearings that are upcoming. Remember that usually there is a very short amount of time in which to request a hearing once you have notice of a problem. Call me to discuss this.

Licensee 04-12-2011
drivers license number DOT-APS-case number
FINDINGS OF FACT - APS
After considering the evidence and testimony presented in this case, I find by a preponderance of the evidence the following facts:
1) The police officer who stopped or detained the Licensee had reasonable grounds to believe that Licensee was driving or attempting to drive a motor vehicle while under the influence of or impaired by alcohol, drugs, a controlled dangerous substance, or any combination of the aforementioned, or in violation of an alcohol restriction, or did drive, operate, or be in physical control of a commercial motor vehicle while having any alcohol concentration in their blood or breath based on the following:
2/8/11 23:16 pm; drove on the wrong side of the double yellow line; ran a stop sign.
2) There is evidence of the use of alcohol, drugs, controlled dangerous substance or any combination of the aforementioned based on the following:
strong odor; told officer had 4 beers; performed poorly on the standard field sobriety test indicaiting clues of
intoxication on the horizontal gaze nystagmus; walk and turn and one leg stand.
The officer fully advised the Licensee of the administrative sanctions that could be imposed: Yes 0 No d
The officer requested that the Licensee take a test as defined under Md. Code Ann., Transp. § 16-205.1 (a) (1) (iv):Yes E Nod
The Licensee drove or attempted to drive a motor vehicle and took the test as requested, indicating an alcohol concentration of :
Yes E Nod 0.09 grams of alcohol per 210 liters of breath at the time of testing: Yes d NoE grams of alcohol per 100 milliliters of blood at the time of testing:
The Licensee refused to take the test: Yes d NoE
The Licensee was driving a commercial motor vehicle: Yes D NoE
OTHER FACTS [IF NEEDED]
WK: Construction as a Laborer; works at various job sites in VA, DC and MD; Takes two children to school; takes young child to doctor's appointments A/E: never been evaluated for alcohol education or treatment;
D The Licensee failed to appear after due notice to address on record.
CONCLUSIONS OF LAW
E Based on the foregoing, I conclude that the Licensee did violate Md. Code Ann., Transp. § 16-205.1 D Based on the foregoing, I conclude that the Licensee did not violate Md Code Ann., Transp. §
MODIFICATION OF DETERMINATION
I have weighed the adverse effect upon Licensee's need to drive for employment or alcoholic prevention purposes versus the State's need to maintain safety on the public highways.
Licensee has had a license suspended under Md. Code. Ann., Transp. §16-205.1 in the past 5 years: Yes D NoE
Licensee has been convicted under Md. Code. Ann., Transp. §21-902 in the past 5 years: Yes D NoE
Licensee needs a license for employment purposes: Yes E Nod
Licensee needs a license to attend alcohol prevention or treatment program: Yes D NoE
DECISION
Driving privilege is:
Suspended for: 45 DAYS
Revoked
Revocation Extended for:
CDL Disqualified for:
License Refusal Upheld
License Refusal Not Upheld
Cancelled
D Any suspension imposed shall run D concurrent with D consecutive to any existing suspension .
D Any suspension imposed shall be retroactive to:
D Above suspension is not modified
D The above suspension is modified. The licensee shall participate in the MVA's Ignition Interlock Program.
B Above suspension is modified to a restrictive license.
D No action
D Reprimand
D Other:


The Licensee's temporary license was retained by the ALJ at the hearing.
The Licensee's photo driver's license class - (issue date) was retained by the ALJ at the hearing.

Judge from the motor vehicle administration

APPEAL RIGHTS
Pursuant to the Transportation Article of the Annotated Code of Maryland, §10-209: the Administrative Procedure Act, State Government Article, §10-201 et seq., and the B Rules of the Maryland Rules of Procedure, any aggrieved party to a hearing may appeal from a decision or order of the Administration as follows:
WHERE:
If the matter concerns the license of a party to drive and the party is a resident of this State, to the Circuit
Court for the county in which the party resides;
If the party is a non-resident motorist, to the Circuit Court for the county in which the party was convicted of
the violation to which the matter relates; and
If not otherwise provided in this section or elsewhere in the Maryland Law, to the Circuit Court for Anne
Arundel County.
WHEN:
An appeal must be filed within thirty (30) days from the date of the decision or order.
FFD-APS 2
2 O1O-O9-O1
Licensee 04-12-2011
drivers license number DOT-APS-case number
LICENSE RESTRICTION ORDER
Suspension of the license has been modified to a restrictive license for: 45 DAYS
Employment purposes
Alcoholic prevention or treatment program purposes
Educational purposes
Employment and educational purposes
Obtaining health care treatment pursuant to Md. Code Ann., Transp. § 16-205.1 (n).
Alcohol
2O1O-OS-O1
Comments
See More Posts...