Columbia, MD asked in Elder Law and Gov & Administrative Law for Maryland

Q: I failed the road test 3 times in Maryland Driver Re-examination. How can I get another road test?

I am 96-yr old but physically and mentally healthy, supported by medical report. I was referred by police for Mayland Driver Re-examination and unfortunately failed the driving test 3 times. My driver license was confiscated at the 1st failure. My request for the 4th driving test was denied. I want to appeal the MVA's decision. How much will cost me approximately? and what is the chance of success?

1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: A driving test failure is a driving test failure. How do you propose overturning the determination on appeal that you failed the test? Just saying that in your opinion you can drive safely will not be enough. The Administrative Law Judge, and ultimately if you pursue it further, a Circuit Court judge, will have the scoring and observational findings of the driving test administrator showing where and how you failed to meet certain objective standards and conditions to pass the test. In an appeal, you do not get to show new evidence as to your abilities to drive, you only get to show where the findings against you were made in error or the test was not applied to you in a fair and reasonable manner. It seems to me that your better option is to spend the time and money on a professional driver rehabilitation specialist, who can help you pass the test. Go this the below link, and scroll down to the section listing recommended and approved driving rehabilitation specialists in Maryland, and call one to schedule an appointment:

https://mva.maryland.gov/Documents/MD-Resource-Guide-for-Aging-Drivers2.pdf

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