Legal Question in DUI Law in Maryland

Re: Delayed Punishment

1. DIP is not punishment under the law. DIP is a measure taken to

ensure the safety of the roads.

2. AEP had no basis to over the Court's ruling. Their suggestion should have set for a ruling of the court. Without judicial approval, AEP's suggestion

is devoid of legal effect. What appears to be the case is that your docket file underwent a compliance review by the clerk of the court and

it was found to have not been fulfilled. MVA should not have allowed you to re-license but they make administrative mistakes all the time and, in this case, it

was to your benefit so no foul can be claimed here.

3. Like it or not it is YOUR responsibility to satisfy all requirements of the judge's order. Where you do not satisfy these terms, the 5 month suspension that was held in

abeyance may be instituted.

4. The AEP class is not punishment so the time that has transpired cannot be claimed to nullify the effect of the judge's order that you attend.

5. With the above, I assume you were placed on probation rather than a conviction. Where you violate the terms of probation, the charge for which a PBJ was issued may become

a conviction and with it may come points to your driving record. Depending on the points assessed, your license may be suspended or revoked and then a point confenence and/or reinstatement hearing may be required.

6. Residing in another state will not insulate you from this matter. The states have an inter-state compact for the reciprocal enforcement of driving penalties.

7. Residing in another state may be a basis to have your

AEP class transferred for enforcement in the state in which you now reside. If you want to pursue this matter, it needs a judicial order to be effective.

8. Transferring the AEP class for enforcement in another state depends on the availability and suitability of a sister state's program based on a determination of a Maryland judge. Your appearance is likely required for a hearing on the matter.

Such a hearing has cost and inconvenience which you should weigh against the costs and inconvenience of fulfilling the AEP class in Maryland.

9. Depending on the terms of your probation, you may be in violation in fact at this point by having left the state of Maryland without judicial approval. This is another matter that may need to be addressed.

Disclaimer: None of the above information is intended nor should it be taken to form an attorney-client relationship. The above is general information about the law. If you require legal advice or services, you should hire an attorney. General information

about the law and relying upon it for your specific issue is NOT a substitute for the advice and services of an attorney.

If you would like to discuss this matter, please feel free to contact me.

G. Joseph Holthaus III, Esq.

(410) 799-9002

(410) 619-5918 (voicemail)

[email protected]

P.O. Box 8078

Elkridge, Maryland 21075-8078