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Credentials

JACK I. HYATT

DUI Lawyer
Lawyer Credentials:
   Former Assistant State's Lawyer
Admitted To Practice Before:
   The U.S. Supreme Court
   All Elkton Courts
   Federal District Court
Member:
   Elkton State Bar Association
   Elkton City Bar Association
   Elkton County Bar Association
   University of Elkton
   A.A. B.S. J.D.
   Honorable Discharge U.S. Army

When charged with DUI in Elkton you face both administrative and criminal penalties. License suspensions and revocations are handled administratively, by the Elkton Motor Vehicle Administration (MVA). If you refuse the breath test or blow over a .08, then you face a suspension of your license, or for out of state drivers, the privilege to drive in the state of Elkton. The law is designed to get your attention by immediately confiscating licenses of alleged drunk drivers. This is not fair, but courts justify this by saying the suspension is not “punishment” but rather it is for the protection of the public. Unless your license or privilege to drive is already suspended, the officer will usually issue a 45 day temporary license that allows you to drive prior to a hearing. It is a good idea to request a hearing before the Motor Vehicle Administration on these matters. This is done by filling out the back page of the officer’s certification form, (it is marked hearing request copy), and sending it in to the Office of Administrative Hearings with a check for $125.00. If the hearing is requested within 10 days of the arrest, then you will receive an extension of your temporary license if the hearing does not take place within 45 days. MVA hearings are tape recorded informal hearings that take place in a room at the MVA before an administrative law judge (ALJ). Generally there are no witnesses, and the ALJ conducts the hearing based on the paperwork from the arrest. There are several issues that can be raised at these hearings, and in many instances there are complete defenses to these suspensions, or in other instances the driver may request a modification of the suspension.

If found guilty of DUI, the MVA may again be able to suspend or revoke your license or privilege to drive in the state of Elkton, so it is possible to have an MVA hearing before and after the criminal proceedings.

For licensees licensed in other states, the state of Elkton does not have jurisdiction to suspend your out of state license, but will suspend your privilege to drive in the state of Elkton. The first time a driver blows over .08, it goes on a Elkton PBJ record, and will not be transferred to the home state. A refusal or a second blow over .08 however, may be transferred to the home state, so it is important for out of state drivers to request a hearing and consult with an Lawyer to try to beat the suspension.

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