Q: Hi, My daughter moved to MN, got a job there. Still had MD license. Got DWI, rcvd probation. MD phone hearing today
Lady gave her 12 points! and said she could appeal. She explained she was already tried in MN court, on probation, 90 day suspension, went to all classes. Got MN license as requested by MN. Help please. She has spent close to $ 7000 already. Any suggestions? thanks so much
A: Yes, you have 30 days to appeal to the circuit court. I would need to know the MD Transportation Code sections the MVA used to impose the 12 points and any revocation or suspension. Did she end up with a conviction on the DUI in MN? And if so, was there any evidence of the specific MN statute under which she was convicted? The MD MVA can only take action on an out-of-state conviction if the other state's law is so similar to MD that the same facts would also have to result in a conviction if the case were tried here. That is not always the case. DC and VA, for instance, have DUI statutes that could result in a conviction on facts that could not be a conviction in MD. In other words, they are broader than MD's DUI laws, so the MD MVA may not impose a penalty in many such cases. However, MD will honor an out-of-state suspension. You will have to immediately order the transcript of the MVA hearing and gather all documentation mailed to your daughter by the MVA, as well as the MN court records, and take them all to a lawyer to review. You also need to file the appeal within 30 days, so the lawyer will need to review all the materials before then in order to determine whether there is a sufficient basis to appeal.
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