MVA imposed probation without hearing

[dayron]

What is the name of your state?What is the name of your state? Maryland

Hi, this is my first time posting here so...

In May of 2000 I had an accident that subsequently resulted in my 2nd DWI. I was charged and convicted in 2001. I was found guilty based on a plea agreement in which we challenged the chain of custody of the blood sample taken at shock trauma. I went to a 6 week alcohol treatment program in 2001 and did community service. I successfully completed one year probation.

In 2002, I went before the MVA administrative law judge to determine my driving privileges. I was suspended for 3 months and refered to the Medical Advisory Board at the MVA. At the time I did not understand the implications of this.

Fastforward to Oct 2004. The Medical Advisory Board of the MVA has determined that I neeed 2 more years of probation, 26 week alcohol treatment, and 2 AA meetings a week for the probationary period. Mind you, I have been stone sober since May 2000!!

I fought the MVA on the AA requirements as I am an atheist and it violates my 1st Amendment rights. They agreed but did not provide me with an equilavent, non-theistic program.

I requested a hearing but was told that I am not entitled to one because the MVA is not suspending my license unless I violate the probation (CATCH-22). Then I am entitled to a hearing.

My question is: Do I have a leg to stand on if I file a civil action suit against the MVA for violating my right to due process (5th Amendment) and for making a determination in which the main fact (My BAC) violates my right to confrontation (6th Amendment)??????

 

[seniorjudge]

You have entered the brave new world of administrative law. The bureaucrats (of which I once was one of) can do all sorts of things to you but it is considered "civil" (as opposed to "criminal") because it's an ALJ doing it instead of a trial court judge.

Did you appeal the ALJ's ruling to the civil (i.e., trial) courts? The appeal is the remedy you must pursue. I suspect (but do not know) that the time for filing an appeal to the civil courts has long since passed. (Apparently the ALJ's ruling was in October 2004.)

If you sued now in civil court, the court would tell you that you did not exhaust your administrative remedies so you can't do anything to the MVA in the civil court.

By the way, AA has "atheist chapters" also.

 

[dayron]

The ALJ determination was made in October 2002 in which the results of the hearing simply state "refer to MAB (Medical Advisory Board)". I don't see how I could appeal the decision to refer me to MAB. And the decision of the MAB was made without a hearing in October 2004. There is nothing to appeal as far as I can tell.

What about my right to a speedy trial? I mean, this is ridiculous. I have an alcohol related accident in 2000 and the NOW the MVA thinks I need further treatment 4 1/2 years later. That negates the purpose of imposing such treatment because if I were still a threat to society (which I'm not) after my accident in 2000, I'd have killed someone by now.

As far as atheist AA, that's an oxymoron. If it is AA, then it has 12 steps. 7 of the 12 steps mention God or a Higher Power. I am atheist not agnostic. Any AA group will tell you they are spiritual not religious, but I challenge anyone to explain specifically the difference.

But back to the issue. What can I appeal--The decision by the ALJ to refer me to the MAB? That seems futile. And I can't appeal the decision of the MAB, I'm told, because they haven't suspended my drivers license only imposed sanctions on my privileges. Do I voluntarily violate my probation in a small way to get a hearing? That's a Catch-22. My child custody lawyer, who is not representing me for this, didn't even have an answer.

 

[badapple40]

You file a declaratory judgment action in the court of general jurisdiction, challenging the action of the MAB as being unconstitutional since it deprives of you of a property right and will only restore that property right if you partake in a religious activity (AA).

The theories I would look to pursue, would be, a violation of the fourteenth amendment, a violation of your First Amendment rights, all wrapped up in a 1983 action. I'd also look to challenge under applicable state constitution grounds.

A declaratory judgment action is the vehicle to pursue, unless there is some provision in your state administrative code or statutory text that gives you the right to appeal or get back in front of the ALJ. If not, and sinec you've exhausted state remedies, the declaratory judgment action is the way to go. In fact, I'd say you could file this one in federal court if the state court's don't allow it.

 

[dayron]

I appreciate your response badapple40, but the coerced AA has sort of become a non-issue. The MVA has responded to that. They said that I was correct about the AA, but would accept alternatives. However, I still believe I have a right to a hearing with regards to the entire probation. Do I still file a declaratory judgement action to challenge the decision of the MAB to put me on probation without a hearing as it violates my 5th Amendment rights? Same action, different issue?