The MVA has the burden of proof to support their allegation that the driver is subject to the suspension of their driving privilege. The statute is found in the Transportation Article, Section 16-205.1.
The MVA must prove that the driver was operating a motor vehicle on public property or property used by the public in general. The officer must have “reasonable grounds” to believe that the driver was under the influence of alcohol. The police officer must “fully advise” the driver of the sanctions for taking or refusing a test.
The MVA must prove the driver refused the test or submitted to a test with an alcohol concentration of a .08 or above.
There are defenses that an experienced attorney can raise that may successfully challenge the MVA’s case. Success is often fact dependent and requires a careful analysis of all of the issues involved. In the event that an administrative law judge (ALJ) finds the MVA has not met its burden the ALJ will take “no action” and the driver’s license will not be suspended.
Frankly, it is an uphill battle to achieve success at the MVA hearings. However, it is incumbent upon counsel to thoroughly review the facts of each case before advising a client whether to contest a hearing. |
