What to Expect When You Attend an MVA Hearing?
If you’ve been charged with a DUI in the Glen Burnie or Severn areas, you can expect your driver’s license to be suspended. You can also have your license suspended if you refuse to take a chemical test. When the police officer confiscates your driver’s license, he or she will issue a temporary license known as a DR-15 form. However, the temporary license will not remain valid for long. You’ll need to contact a DUI lawyer immediately. Your DUI attorney can request a Motor Vehicle Administration (MVA) hearing and provide legal representation.
Requesting the Hearing
After being issued an Order of Suspension of your driver’s license, you must request an MVA hearing within 10 days or your driver’s license will be suspended. Your request for a hearing must be made in writing. Your DUI lawyer can prepare this request and file it, along with the filing fee. MVA hearings are scheduled about four to six weeks after the date of the request. You will receive a notification in the mail of your scheduled hearing. Be sure to immediately let your attorney know when you’ve received this notification.
Appearing at the Hearing
The MVA hearing is not like a typical hearing at a courtroom. It is held at the Office of Administrative Hearings (OAH) before an administrative law judge. You, your attorney, and the judge will be present, but the MVA does not send a representative. Although these administrative hearings are far less formal than court proceedings, it’s still important to conduct yourself with respect and to dress in a professional manner. Many defendants make the mistake of approaching these hearings in a manner that is far too informal. The hearing will cover the paper documentation submitted by the MVA. Then, your attorney may contest the evidence submitted by the MVA and argue in favor of your ability to retain your driving privileges.
Receiving the Decision
You will receive a copy of the administrative law judge’s decision. If your license is suspended, you must surrender it to the judge or to an MVA branch office. You do have the option of appealing the decision if it is not in your favor.
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Are You a Good Candidate for a No-Fault Divorce?
Before you file divorce papers in Glen Burnie or Severn, it’s necessary to consider whether you meet the requirements to file for divorce and to consider which type of divorce you wish to pursue. Maryland divorce law allows couples to file for fault-based or no-fault divorce. Fault-based divorce is only permitted in certain circumstances, such as when one spouse is accused of desertion, adultery, or other acts of egregious conduct. Most couples will file for no-fault divorce, which does not place blame for the breakdown of the marriage on either spouse.
Before filing for either type of divorce, it’s necessary to meet the residency requirement. At least one of the spouses must still be a resident of the state before filing the court papers. At least one of the spouses must demonstrate residency in Maryland for at least six months prior to filing.
Until recently, the only basis for a no-fault divorce in Maryland was a legal separation. Couples are required to live in separate residences for at least 12 continuous months before filing the paperwork. If they temporarily cohabit the same residence, even for a day, the 12-month period begins all over again. Likewise, if the couple shares sexual intimacy, the 12-month period must start over again. Legal separation is also referred to as limited divorce. A limited divorce proceeds through the court system. It allows a separated couple to settle certain matters while waiting for grounds for an absolute divorce. For example, they could determine the division of property instead of having to wait for the 12-month period to be complete. When a couple has legally separated, they are not legally bound to proceed to divorce. They may decide to reconcile.
Recently, a new Maryland divorce law was passed that allowed certain qualifying couples to bypass the legal separation requirement. The law is based on the mutual consent of the spouses. Spouses can only qualify for this no-fault divorce is they share no children in common and come to an agreement on all issues, such as property division and alimony.
What to Do if Your License Is Confiscated During a DUI?
If you are charged with a DUI , it is imperative to contact a DUI lawyer near Severn and Glean Burnie before you speak to the police. Being arrested is scary, and losing your driver’s license can be life-altering.
If your driver’s license is confiscated by the police, you and your car accident lawyer have only 10 days to take action. If you fail to contact car accident lawyers and pursue the matter, you can completely lose your driving privileges. While you will receive a paper temporary license, that license will be suspended unless you request a hearing or qualify for the interlock. As your accident attorney will explain, failure to request a hearing within 10 days of being issued your temporary license means that you will not get an extension of your paper license to carry you through to the hearing date. However, you and your car accident lawyer can request that you be allowed to drive to work even while your license is suspended, as long as you file the proper documentation with the court. Only your car accident lawyers can determine if you qualify for this exception.
Negligence in Car Accident Cases
Have you been hurt in a car accident that was not your fault? If so, contact a car accident lawyer in Glen Burnie and Severn right away. Only car accident lawyers are familiar with state negligence law and understand how the system works. Personal injury law mandates that all drivers on the road exercise a certain standard of care. When drivers are negligent—and that negligence results in personal injury—they are liable for any damages that result. Keep reading to learn more about the elements of negligence in car accident cases, including a breached duty of care, direct causation, and demonstrable damages.
As your car accident lawyer will explain, the first element of negligence involves a duty of care and the breach of that duty. In short, if you are hurt, car accident lawyers need to prove that another driver was obligated to be reasonably careful and failed to act carefully. All drivers are legally required to drive carefully, so that element is easily satisfied. A breach of the duty occurs when a driver unreasonably fails to stop at a red light, watch for crossing pedestrians, or follow at a safe distance.
Car accident attorneys also need to show the court that the other driver’s failure to drive carefully directly caused your injury. Even if another driver does not stop at a stop sign, rear ends your vehicle, and you suffer an injury, the driver is only liable if his failure to stop directly caused your injury. For example, if you suffer a back injury but have had longtime back problems, your car accident lawyer will need to show that your recent injury is directly attributable to the other driver.
The final step in proving negligence is showing damages. Damages are injuries for which you may be compensated. Common examples of car accident damages include lost wages, diminished employment opportunities, medical bills, and pain and suffering. If you suffer a minor injury that requires no medical care or time off work, you will not have a car accident claim.
Talking to the Police After an Arrest
After being arrested, your first step should be to contact a DUI lawyer near Glen Burnie and Severn who also handles DUI and other criminal cases . Only DUI attorneys can help you fight a DUI or more serious criminal charge.
As your car accident lawyer will explain, you should never speak to the police without having your car accident lawyers present. When you are arrested, the police are obligated to advise you of your Miranda rights. You have the right to remain silent and to know that anything you say can and will be held against you in court. You also have the right to have your criminal and auto accident lawyer present. If the police fail to apprise you of your legal rights, your attorney may be able to have the case thrown out.
Avoid These Mistakes in Your Car Accident Case
Mistakes you make in your car accident lawsuit could cost you the compensation to which you are entitled. Before making any agreement after an accident, consult with a car accident lawyer near Severn. Your accident attorney can help you avoid missteps like these that could interfere with your case.
Talking About Your Case
While your case is being adjudicated, avoid discussing your case with anyone other than your car accident lawyer. Often, insurance agents, car accident lawyers working for the defense, and even jurors in your case may try to contact you, and anything you say could be used to dispute your claim. If anyone approaches you with questions, refer them to your attorney. Likewise, avoid discussing your case on your social media accounts or posting photos that could be used to minimize your injury. Setting your pages as private is not sufficient. Your attorney may suggest that you avoid any social media activity until your case is complete.
Throwing Away Evidence
Because car accident cases can take a long time to resolve, you may complete medical treatment before a ruling is made. In the interim, do not throw away anything related to your care, including empty pill bottles or old casts. These items can all be used as evidence of the severity of your injury, and without them, your claim may be more difficult to prove.
Having an Insurance Medical Exam
Insurance medical examinations are common after car accidents. The insurance company of the person at fault for the accident may require you to have one of these exams at a doctor they choose. Although doctors who perform these exams are supposed to be independent, they are frequently actually linked with the insurance company and are hired to say you are not injured. If you are told by an insurance company that you have to have one of these exams, call your auto accident lawyer. You may not be able to avoid having an insurance-sanctioned exam, but your lawyer can help you lay the right groundwork to dispute the findings if necessary.
What Should You Do After a Motorcycle Accident?
Motorcycles can be dangerous , and motorcycle accidents near Severn often result in serious personal injuries. If you are injured in a motorcycle accident, seek immediate medical care and contact an experienced accident attorney.
If it is safe to do so, you should collect all contact and insurance information from the other driver. Be sure to write down the make, model, and license plate number of his or her vehicle. Car accident lawyers also advise victims of motorcycle accidents to take pictures of the scene, if possible. That way, you will have accurate documentation of what happened, and your attorney can use the photos in court. Additionally, make sure to write down any names and phone numbers of witnesses on the scene. Finally, keep records of all expenses that result from the accident, including rental charges for another car, medical visits and medications, and repairs.
Avoiding Common Motorcycle Accidents
Motorcycle accidents are alarmingly common across the country. Even more troubling is that they readily cause serious injuries and death, even if the motorcyclist takes care to wear a certified helmet and protective clothing. Since motorcyclists are at a higher risk of life-threatening injuries than drivers, it’s even more important to practice defensive driving when on a bike. Some of the most common types of motorcycle accidents near Severn involve problems at intersections and on highways. If you do become involved in a crash despite taking precautions, you should contact an accident attorney promptly. Car accident lawyers can help you hold the negligent party responsible for your injuries.
Intersections can be particularly hazardous for motorcyclists. Drivers of cars often fail to see motorcyclists and they frequently misjudge the speed of the bike. The smaller size of a bike can make it seem as though a car has sufficient time to turn left in front of the bike. If you’re riding through an intersection, be mindful of oncoming traffic with left turn signals on. Look around for escape routes so you’ll know where to go if the car does try to turn left in front of you.
In Blind Turns
Not all motorcycle accidents involve multiple vehicles. Motorcyclists often get into trouble navigating tight turns. Blind turns are particularly hazardous because even a minor obstacle on the road can prove deadly for a motorcyclist who cannot stop or swerve in time to avoid hitting it. Rocks, stretches of sand, or foliage on the road can cause you to lose control of the motorcycle. Slow down before heading into a turn and make as wide of a turn as possible.
You probably already know that the faster speeds of a highway can lead to very serious motorcycle accidents. However, frequent lane changes can be even more hazardous. Be mindful of the turn signals of the vehicles surrounding your bike and try to leave plenty of space between your bike and other vehicles. Avoid riding in a driver’s blind spot. If you’re riding alongside a car in the lane next to you, there is a risk that the driver will try to merge into your lane.