If the Administrative Law Judge (ALJ) decides that the driver is subject to the sanctions proposed by the MVA, it is imperative to attempt to convince the ALJ to consider a lesser penalty than the proposed suspension.
The statute specifically allows for a restricted license in some circumstances. However, the driver must present evidence in support of their request to modify the suspension. If a driver wants a work-restricted license, they must provide the ALJ a letter documenting the employment. COMAR regulations require that the letter be on employee letterhead and state that the license is required for employment purposes. Additionally, if a driver wants to be able to drive to school or to alcohol classes, they must be able to provide proof of enrollment. Once again, the decision to grant a restricted license is subject to statutory limitations and discretion by the ALJ.
In some circumstances, the driver is not eligible for a work-restricted license. In these situations, the only alternative to a straight suspension is participation in the ignition interlock program. Once again, the decision to allow participation in the program is up to the discretion of the ALJ. |