Do Not Miss Your Motor Vehicle Administration Per Se Hearing

My client recently requested a motor vehicle administration hearing after he was stopped for alleged drunk driving and providing a breath sample which revealed too high an alcohol content.

He thought his hearing was on September 9. The hearing was actually on September 6. He missed his hearing.

I am working on trying to get him a new hearing but his license is suspended while we are waiting for this. The statute goes against you. Transportation Article 16-205.1 Provides As Follows:

(iv) In the absence of a compelling reason for failure to attend a hearing, failure of a person to attend a hearing is prima facie evidence of the person's inability to answer the sworn statement of the police officer or the test technician or analyst, and the Administration summarily shall:

1. Suspend the driver's license or privilege to drive; and

2. If the driver is detained in a commercial motor vehicle or holds a commercial driver's license, disqualify the person from operating a commercial motor vehicle.

Maryland also has regulations known as Comar and they provide as follows:

11.11.02.12

.12 Failure to Appear.

If a licensee who has been given notice of the hearing fails to appear for the hearing, the Administration may:

A. Suspend the applicable privilege pending the licensee's appearance at a hearing on a date set by the Administration; or

B. Upon good cause shown to the satisfaction of the Administration as to why the licensee could not appear at the originally scheduled hearing, terminate any suspension imposed under this regulation, and send notice to the licensee of the newly scheduled hearing date.

My argument is that if they cannot find good cause then they should still give him a hearing at provided for under section A. above. The jury is still out on whether they will.

Meanwhile, my client is definitely suspended and cannot drive because he missed a hearing.

Acquittal of All Felony Charges in Robbery Case

my client was charged with robbery, robbery with a deadly weapon, use of a handgun in the commission of a felony, conspiracy to commit robbery, first-degree assault and second-degree assault. At the jury trial three witnesses testified that my client was present at the scene. Allegedly five people were attacking one victim. One of the defendants perhaps had a handgun. The handgun if there was one was never taken out of the defendant's waistband.

My client had to alibi witnesses putting them away from the scene of the crime.

At the conclusion of all the evidence we were able to successfully argue that there was insufficient evidence of robbery with a deadly weapon, first-degree assault (there were not sufficient injuries to the victim), and use of a handgun in the commission of a felony. The judge granted our motion for acquittal.

Thereafter the jury received the case on the remaining charges. My client was acquitted of everything except second-degree assault.

I did a lot of work on that case and the results were consistent with the work put in. I am not done working on the case. I still need to prepare for sentencing.

Provisional drivers license and convictions

In Maryland new drivers receive provisional drivers licenses. Provisional drivers licenses are delicate and do not withstand traffic tickets very well. If you have a provisional license and receive a conviction or even a probation before judgment (usually not considered a conviction) the motor vehicle administration will take a dim view and start taking actions against your license. A second conviction can lead up to 30 days of suspension and a third and subsequent conviction can give you 180 days of walking. On top of that, each conviction postpones your ability to get your regular license by 18 months. Obviously for safety reasons you do not want to receive tickets but you do not want to receive tickets because it really affects your license in a negative manner.

My 18-year-old client was on his provisional license when he originally received a speeding ticket and received probation before judgment. After that he received a speeding ticket out of state which was transferred to his Maryland driving record. The motor vehicle administration took action and threatened to suspend his license. I advised my client to drive slower and not receive any future tickets. I further had him research the effect of speeding on accidents. Included in this essay I wanted him to reflect on what he would do to reduce his speeding. He wrote a rather excellent essay which I present below. We presented this essay to the judge at the motor vehicle administration and I believe it tipped the judge in favor of my client. Instead of receiving a suspension of his driving privilege the judge issued a reprimand. My client was allowed to continue driving but I believe he realizes he must slow down.

Speeding

Speeding is the #1 violation in fatal motor vehicle crashes. I am extremely fortunate to not have been a part of an accident while having my license. Motor vehicle crashes are the leading cause of death among the ages five to thirty-four in the U.S. More than 2.3 Million adult drivers and passengers were treated in emergency departments as the result of being injured in motor vehicle crashes in 2009. Many teenagers seem to ignore the potential risks of speeding and unfortunately sometimes, as a result, become another number in these statistics. The dangers of speeding are both obvious and unrecognizable to drivers.

One of the most obvious dangers associated with speeding is the impact that it has on our ability to carefully and safely operate a motor vehicle. It is a fact that when we speed, we are less able to rely on our natural reaction time when an obstacle is perceived. Speeding significantly reduces this reaction time and prevents us from doing what is necessary to avoid a potentially dangerous situation. Though braking and swerving are actions that we naturally take when faced with an obstruction on the road, their effectiveness is severely compromised by traveling at a high rate of speed. This is primarily because a driver who is speeding does not have the time (or space) to determine whether such a course of action will really enable him to avoid the perceived danger or whether it will lead to an even more dangerous situation.
Acknowledging the dangers of speeding is important and helpful in preventing the violation, however, it is knowing the reasons why we speed that will truly stop us from continuing to put us, and others, in danger while on the road. One of the biggest reasons I have found myself pushing the pedal a little harder is when I am running late. I feel an extra urgency to pick up the pace and make up for wasted time. I know, based on feedback from my friends and others, that this factor is certainly common among young drivers, and even older ones as well. To fix this I found a simple solution. When I am running late I make certain I do not speed because of it. Realizing my habit of speeding has created another habit of understanding and compensating for my usual tendencies. Ultimately I have stopped excessive speeding and am more aware of my driving habits.
Another danger of speeding, or perhaps the greatest danger, is the fact that it is often not recognized as a danger. Few drivers, including confident and experienced drivers, would hold that engaging in distracting activities such as using a cell phone, texting, eating, etc. are conducive to safe driving. Even fewer drivers would argue that driving under the influence is prudent. On the other hand, drivers who occasionally or consistently drive above the speed limit are ready and willing to provide a list of reasons for why speeding does not qualify as an unsafe and potentially life-threatening hazard. Those who do recognize the dangers of speeding will often rationalize or justify speeding in a number of different ways. I would say, as would many others, that because everyone else speeds, it is easily permissible. However, just because everyone is doing it does not mean you should too. I have driven with the thought of “going with the flow of traffic” but have always wanted to be the leader in the “flow”. With this realization I have mentally changed my connotation of the phrase and permanently decided to be content and willing to stay in the correct “flow”.
Realizing the reasons one speeds is a simple solution to the inconvenient habit. If you truly follow through with self-analyzing natural tendencies and motives, it is easy to be successful and stop yourself from repeating the same mistake too many times.

I think this is an excellent essay. I will not give proper attribution to my client because he probably prefers to remain anonymous. I think I learned from it also.

Sealing Criminal Records in the Superior Court

Several years ago the District of Columbia enacted "the criminal records sealing act" (DC code section 16-801) that expands the number of people eligible to seal their arrest and related records. Sealing a criminal record is not automatic. You must file a motion to seal records of the courts and a judicial officer will decide whether to grant your request to seal your criminal record.

If your case was no papered by the Office of United States Attorney for the District Of Columbia that means they have decided not to proceed with a criminal prosecution against you. If a case is "no papered" that does not preclude them from prosecuting the case later.

Even though your case has been no papered and you do not have a conviction you do have an arrest record. An arrest record is a record and a law enforcement database contains your name, the date of your arrest, the charges, and personal information such as your date of birth.

It is possible to seal your arrest record to prevent others from gaining access that part of your criminal record. If you have convictions or other arrests that you have not sealed, they will still appear on your criminal background.

If you are interested in sealing your Superior Court criminal record, please bring me a copy of your police and court records. You can obtain your criminal records in Washington DC from the DC Superior Court criminal information and finance office located at 500 Indiana Ave. NW., room 4001, Washington DC 20001. The telephone number is 202-879-1373 and their facsimile is 202-879-1371. There you can pick up criminal records, a bond refund, subpoenas, dispositions on cases. There is no charge to pick up your criminal record.

Next a written motion needs to be filed in the Superior Court within 120 days from the date the charges were dismissed. I can help you with this or you can pick up a sample motion and instructions on how to file a motion by visiting the Public Defender Service located at 633 Indiana Ave. NW. room 248A, Washington DC. You can call 202-628-1200.