Attorney at Law
The Motor Vehicle Administration has a graduated license system. Once an applicant passes the written test, they obtain a learner's permit. Thereafter, they can obtain a provisional license once they pass the driving test. If they can go 18 months without a ticket, they graduate to a regular license automatically.
Moving violations while on a provisional license results in sanctions by the MVA. They include mandatory driver improvement for a first offense, a 30 days suspension for a second offense, and a 180 day suspension for a third offense. A driver can and should fight the suspension by requesting a timely MVA hearing. At the hearing, the Administrative Law Judge has a great deal of discretion and can issue a reprimand which means no suspension, give a restricted license for work and school, or reduce the suspension.
Most drivers cannot go 30 days let alone 180 days without a license. Therefore, they should go to a hearing to preserve their right to drive. The hearings are held on WebEx by video. The MVA submits its exhibits electronically, but does not appear at the hearing. You should submit your exhibits electronically by e-mail in advance of the hearing.
Exhibits might include a letter from your employer verifying your need to get to work, a class schedule showing your need to get to school, a nice letter from your parents about your need to drive, a driver improvement certificate, or any other documents establishing your need to drive.
It is important to note that every time you are convicted of a traffic violation or receive probation before judgment, it counts as a violation and restarts the 18 month waiting period to get your license. Therefore, you want to drive carefully to get converted to a regular license. There are restrictions on a provisional license regarding when you can drive and who can be in your car. Anyone under 21 cannot have alcohol in their system while driving.
If you receive a ticket while on a provisional license, request a trial and go to court. The officer may not appear or you may have a defense to the charge. A not guilty or dismissal will prevent a sanction by the MVA.
Attorney at Law
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