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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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My drivers license is pending suspension due to receiving

Resolved Question:

My driver's license is pending suspension due to receiving too many points. I notify the DMV that I would like to have a hearing about this issue, and they have me scheduled for it in mid-March 2010. I have not received any additional violations since the date I received notice about the suspension, and I want to know what the best method of handling the hearing is? I have no idea what this hearing will be like, and I need advice on the best way for me to keep my license?
Submitted: 6 years ago.
Category: Legal
Expert:  Ray replied 6 years ago.
Thanks for your question.It is an administrative hearing on whether the action taken here was correct based on all the tickets and points.If for instance you got credit here for ticket that wasn't yours or there is some other issues like this you can raise to dispute you may have a good case to prevail here.You have to review driving record and look for errors.

You may argue for hardship license here as well..

Reference..


Is an agency hearing required before a hardship license is issued?

Under 16-205.1, a person must file an appeal of suspension with the Director of the Division of Administrative Adjudication of the Administration.

3. Do prior offenses prevent me from obtaining a hardship license?

A restricted license under § 16-205.1 may not be granted if the licensee has had a license suspended under that section during the past 5 years or the licensee has been convicted under § 21-902 of this article during the past 5 years.

4. What are the requirements for getting a hardship license?

Under § 16-205.1 the Administration may modify a suspension under this section or issue a restrictive license if:

(i) The licensee did not refuse to take a test;
(ii) The licensee has not had a license suspended under this section during the past 5 years;
(iii) The licensee has not been convicted under § 21-902 (DUI) of this article during the past 5 years; and
(iv) The licensee is required to drive a motor vehicle in the course of employment;
(v) The license is required for the purpose of attending an alcoholic prevention or treatment program; or
(vi) It finds that the licensee has no alternative means of transportation available to or from the licensee’s place of employment and, without the license, the licensee’s ability to earn a living would be severely impaired.

In addition to the authority to modify a suspension or issue a restrictive license under paragraph (1) or (4) of this subsection, the Administration may modify a suspension under this section or issue a restrictive license, including a restriction that prohibits the licensee from driving or attempting to drive a motor vehicle unless the licensee is a participant in the Ignition Interlock System Program established under § 16-404.1 of this title, if:

(i) The licensee did not refuse to take a test;
(ii) The licensee has not been convicted under § 21-902 (DUI) of this article; and
(iii) The license is required for the purpose of attending:

(a) A noncollegiate educational institution as defined in § 2-206 (a) of the Education Article; or
(b) A regular program at an institution of postsecondary education.

If the licensee refused to take a test, the Administration may not modify a suspension under this section or issue a restrictive license except as provided under paragraph (4) of this subsection.

In addition to the authority to modify a suspension or issue a restrictive license under paragraph (1) or (2) of this subsection, the Administration may modify a suspension under this section or issue a restrictive license to a licensee who participates in the Ignition Interlock System Program established under § 16-404.1 of this title for at least 1 year.

§ 16-405 states that if the suspension or revocation of a license would affect adversely the employment or opportunity for employment of a licensee, the hearing officer may:

(1) Decline to order the suspension or revocation; or
(2) Cancel or modify the suspension or revocation.



Edited by RayAnswers on 2/20/2010 at 4:29 PM EST
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