We all like being independent and we all like having fewer calls to make and fewer appointments to keep. For those of us who have experienced some form of legal troubles, there are SO MANY calls, appointments, papers, conditions — you get the gist. There’s a lot. Just, a lot. So it makes sense that one might blanch and recoil at the idea of needing to involve any more of it, especially when — technically — you could do it yourself. Hiring an attorney means more money spent, more time on the phone, more reservations to keep, and absolutely more paperwork. If it is technically legal to represent yourself, especially for something seemingly less involved like getting a suspended or revoked license back, why wouldn’t you?
Here’s the short answer: it’s more complicated than you think, and representing yourself in any court situation almost always hurts your case. You need professionals on your side. You need a trained advocate to protect your rights. It is SO EASY to a deny someone who presents as an overzealous Law & Order fan, and no binging in the world replaces an actual legal education.
How can I lose my driver’s license in Annapolis?
To get a better idea of how complicated your situation may actually be, let’s take a couple steps back. How did you lose your license in the first place? Here in Annapolis, there are two main ways: by allegedly committing a dangerous driving-related crime, or by gaining too many points on your license.
Obviously, the most common driving-related crime that can cost you your license is driving under the influence of drugs or alcohol. DUIs are taken incredibly seriously. Even just refusing to take a breathalyzer can get your license suspended for a decent amount of time, and if you take the test and fail, guess what? Your license still gets suspended (This is why we do recommend not taking field tests, by the way.). Depending on the severity of the crime (like if you caused an accident or were even involved in one) and how many prior offenses your record shows, you could even face a total revocation of your driving privileges. First-time offenders of DUI may very well avoid jail time (as long as there was no accident), but losing your license for at least several months is almost guaranteed.
The other way to lose your license, as I said, is by gaining enough points on it. Accumulating 8-11 points in a two-year span can get your license suspended, while 12 or more is a revocation. This is one of the many reasons why points should always be taken seriously, no matter how relatively minor your infraction was. Even small driving errors like failing to yield or obey a flashing traffic signal gets you a point. So, MY point? It matters.
How do DUI license suspensions work?
Essentially, it depends. If you’re losing it after a traffic stop-turned-DUI, the officer will take your license then and there and you’ll get a temporary one for 46 days that allows you to go to work, and then your actual suspension kicks in. If points finally caught up with you, the Motor Vehicle Administration (the entity that controls this stuff) will send you notice in the mail that your license is now considered suspended.
Once the duration of your suspension ends (and they will tell you how long it is), you usually don’t have to do anything special to get your license back, but if you consider the suspension unfair or the time too long, you can appeal the decision to the MVA directly (with an attorney!). You’d also go to them to get points expunged, removed, or reassessed, and you should never do so without a trained legal professional who knows the ins-and-outs of the system. It may not be court, but you should treat it like it is.
Suspension versus revocation
Well, this is probably a fairly obvious answer, but suspensions are temporary and revocations are not. If your license is suspended, you’re scheduled to get it back at some point, but if it’s revoked, your driving privileges are gone permanently unless you successfully appeal the decision with the MVA (AND YOUR ATTORNEY).
Those with revoked licenses usually have to wait years before they’re even able to appeal, and even then it’s only an appeal to be able to APPLY for a new license. This means you’d need to take all your driving tests again and essentially start from scratch, and there’s no guarantee you’ll pass. Depending on the situation that got your license taken away in the first place, you may not even be able to appeal at all, ever. Avoiding a suspended license is still important, but avoiding a revocation is paramount whenever possible. This is why you want a skilled attorney to argue these decisions before they’re set in stone, and this is why you don’t want to take a chance at doing it yourself, incorrectly.
What is a restricted license in Annapolis?
When your license is suspended, the fact that it’s temporary doesn’t really help you in the present. You have places to go and no way to get there. Sometimes, as adults, you NEED to drive — you just do. If you have no friends or family who can drive you and no public transportation to rely on, you may qualify for what’s known as a “hardship license,” which is essentially a restricted license that allows you to drive to and from specific necessary locations, like work or your kid’s school or doctors’ appointments. You must apply for this and pay a $150 fee, and you must provide proof that you really, definitely need it (and will use it to attend some sort of treatment program when applicable).
Aside from hardship licenses, restricted licenses come in a bunch of shapes and sizes depending on what you may need them for and why your license was suspended. The rules may differ from person to person, or even case to case. The court decides what you’re eligible for and it is something your attorney can argue in favor of. It’s also important to note that restricted licenses aren’t the same as licenses with a restriction — such as the infamous Restriction J. This is something you get on your normal license that basically alerts officers of a special rule you must follow of some sort. Restriction J can refer to a plethora of rules, but the main one — the one you get with DUIs — asserts that even a small, technically-legal amount of alcohol in your blood costs you your license entirely. No alcohol in your blood AT ALL, even if you’re sober while you drive.
Why do I need an Annapolis DUI defense attorney?
I’ve said it before and I’ll say it again: we just know the law more than you do. It’s not an insult or a slight on your intelligence, it’s just truth. We go to school for years and years (and years and years…) to be able to represent people effectively and legally. We train and practice and have real-world experience. Law is complicated on purpose — the average layperson is NOT meant to understand it fully, and this can only count against you if you’re trying to prove something. Put pride aside. Put your fear of more paperwork aside. Hire a skilled DUI attorney and at least give yourself a fighting chance of avoiding a serious (and seriously annoying) situation.
At Drew Cochran, Attorney at Law, I can show you just how we can help and what we can do for you and the state of your license. Whether you need help in court or with the MVA, I can represent you and make sure you’re treated fairly and reasonably, regardless of the situation. If you’re in Annapolis or Ellicott City, call me today or use my contact form to get started. Losing a license is never fun, but I promise it can be much, much worse without an attorney’s help.
Just remember — Keep Calm, and Call Drew!
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