Maryland DUI Attorney Blog

DUI and the Commercial Driver's License

Fri, 19 Aug 2011 11:50:54 -0500

Defendants in DUI cases who have commercial driver's license pose a unique set of challenges and considerations for Maryland DUI Attorneys. I have blogged often about the importance of selecting an attorney who specializes in DUI/DWI defense. Unfortunately, all too often we see attorneys with little or no experience with these of cases appearing in court with their clients.

Very often these attorneys make simple mistakes, that no experienced DUI/DWI attorney would ever make, with devastating consequences for their clients. I witnessed one such mistake in the District Court of Baltimore County a few days ago involving a defendant with a commercial driver's license. The attorney who handled the case was an attorney who has been practicing for many years, mostly doing divorce and personal injury cases. In other words, he was NOT a DUI/DWI specialist. Here are the facts.

Howard County DUI Defendant Receives Unsupervised Probation

Fri, 03 Jun 2011 10:43:48 -0500

Ashttp://www.mdattorney.com/lawyer-attorney-1301140.html for the last 15 years I have seen just about every factual scenario possible when it comes to people charged with Driving Under the Influence of Alcohol. I have blogged many times about the fact that it has become increasingly difficult over the last 15 years to secure a "not guilty" finding in a DUI case. The laws have become much stricter with the introduction of the "Per Se" violation and the reduction of the legal limit for DUI for .10 to .08. So in an increasing number of cases, experienced attorneys need to recognize quickly whether or not a case is defensible or whether to focus on mitigation instead.

Most not guilty results in DUI cases these days come by attacking the stop and suppressing the evidence. Even that has become more difficult over the years as groups such as MADD have begun monitoring court rooms and applying other grass roots pressure to persuade judges to get "tougher" on DUI's. I had a case today in Howard County that was both a rare first factual scenario for me and also a reflection of the increasing intolerance for drinking and driving in Maryland courts. Here are the facts:

Baltimore City DUI/DWI Defendant Successfully Defended in Trial

Sat, 12 Mar 2011 09:56:22 -0500

As a Baltimore Maryland Criminal and DUI Attorney, I defend people charged with DUI and DWI almost every day. It takes many years of experience to determine which cases should be taken to trial and which cases should be plea bargained. I had a case falling into the former category last week in the District Court for Baltimore City.

My client was found not guilty after I attacked the credibility of the MDTA Police Officer's depiction of my client's performance on the field sobriety tests and perhaps more importantly, pointed out the court what he left out of his report. Here are the facts:

DUI/DWI Repeat Offender Successfully Defended

Thu, 04 Nov 2010 13:54:59 -0500

As an Aggressive Baltimore Maryland DUI/DWI Attorney I have represented hundreds of people who were charged with their second, third or even fourth DUI or DWI. These individuals are known in the legal system as repeat DUI/DWI offenders. These are very serious matters in which the defendant faces the very real possibility of incarceration even for a second offense. For instance, I wrote about a case in Baltimore City recently where a defendant, who was represented by an attorney who does not appear in criminal court on a daily basis, received a sentence of four months in jail for a second offense. And this was a case in which there was no accident and the defendant's prior conviction occurred more than 10 years prior to this case.

Needless to say, repeat DUI/DWI offenders need to take these matters very seriously and make sure that they are represented by an attorney who specializes in these matters. There is a very easy way to do this and that is by checking your attorney out on Maryland Judiciary Case search. http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp. On this web site an attorney's court record can be researched to determine whether or not that attorney regularly handles these cases.

I represented a repeat offender in Baltimore County District Court this week who had been to a previous attorney didn't have very much experience. That attorney told my client that he would have to plead guilty and was likely to do some jail time although he believed that he could get him weekend incarceration. I reviewed the case and immediately recognized that there was a substantial issue surrounding the probable cause, or in this case the lack there of, for the stop. Here are the facts:

Probation Before Judgment in DUI and DWI Cases

Fri, 29 Oct 2010 14:50:11 -0500

Experienced Baltimore Maryland DUI/DWI Attorney discusses Probation Before Judgment under Maryland Law. For those who are not familiar with the term "probation before judgment" or PBJ, it is a sentencing alternative that the trial judge may utilize in DUI and DWI cases, typically in cases where a person is a first offender. Probation Before Judgment is found in the Criminal Procedure Article (Sect. 6-220) and allows a judge who has found a defendant guilty of a crime, in this case DUI or DWI, to strike that guilty finding and allow a person to serve a period of probation without the conviction on his or her record.

So long as the person does not violate his or her probation the conviction will never go on their record. This disposition is particularly valuable in DUI cases as it spares the defendant the 8 or 12 points that would accrue on the person's record as a result of the conviction which invariable leads to action, including possible suspension or revocation of a person's driver's license, by the Motor Vehicle Administration.

Baltimore One of U.S. Cities With Most Drunk Driving Offenders

Thu, 30 Sep 2010 09:10:33 -0500

A new list ranking U.S. cities with the the most drunk driving offenders only confirms what most experienced Baltimore criminal defense attorneys already new-Baltimore has made the list. Charm City came in at #18 on the list appearing on Insurance.com.

The list ranks the number of drivers with alcohol related convictions among the top most populous cities in the U. S. San Diego ranked No. 1, followed by San Jose, Charlotte, Phoenix and Columbus, Ohio.

The only surprising thing to me about the list is Baltimore did not rank higher. I suspect that is because either PBJs are not reported or many offenders find a way to beat the charges.

How to Beat a DUI in Maryland

Mon, 27 Sep 2010 15:03:38 -0500

As an experienced Maryland criminal defense attorney, friends are always asking me "how do I beat a DUI?" Ironically, this question most comes up during, you guessed it, cocktail parties. My first response is automatically "don't drink an drive." Of course, no one wants to hear that response and the inevitably follow-up question is "seriously, what do I do if I am pulled over?"

This is a complex question, because the question of "what do I do?" begs the question of "how much did you have to drink?".

Assuming the answer is "allot" or "too much", the law allows for just about any Maryland driver to beat an otherwise certain DUI, albeit at a price (which we will get into later).

Maryland Administrative Hearings Also Follow a DUI Arrest

Mon, 30 Aug 2010 16:34:04 -0500

Many defendants charged with DUI in Maryland are dismayed to find out that not only do they have to go to court and face criminal charges, but they must also fight the MVA in a separate proceeding. Even if the criminal defendant is found "not guilty" of all charges in criminal court, the MVA may still suspend the defendant's driver's license on separate grounds.

The Maryland Court of Special Appeals ruled in Johnson v. State (1991) that this DOES NOT amount to double jeopardy. The bases of the MVA administrative hearing is to determine if the driver "broke his agreement" with the state when he was issued his license and agreed not to "drink and drive."

It Does Not Always Pay to Cooperate With Police!

Sat, 28 Aug 2010 10:59:03 -0500

I recently had two similar DUI cases with very different results. Each case involved a drunk driver who was involved in a one car accident. One driver ran into a parked train and the other driver hit a tree. In each case the driver was alone and there were no witnesses to the accident.

The drunk driver of the vehicle that hit the train stayed at the scene long enough for the police arrive. He told the police when asked that he was driving and he agreed to submit to field sobriety tests. He was found to be intoxicated, went to court and was convicted based upon his admission to the police and the subsequent field sobriety tests.

In the case of the defendant who hit a tree, left the scene and his car behind, jumped in a cab and went home to sleep it off. The next day when the police tracked him down by his license plate, he refused to talk to them without a lawyer present. He did not admit to driving, causing the accident, or to drinking. He was charged with leaving the scene of an accident involving property damage, but not DUI. When he went to court, the State could not prove he was driving that night and the defendant was acquitted. His only repercussion was the costs to get his car out of the Baltimore City yard.

DUI Subsequent Offender Receives Probation

Thu, 22 Jul 2010 15:56:04 -0500

As a Baltimore Maryland DUI/DWI Attorney I often represent people in DUI/DWI cases who have previously been convicted of a DUI or DWI in the past. These defendants are known as repeat or subsequent offenders in courthouse vernacular. Over the past few years prosecutors have begun to seek and judges have started to impose, harsher and harsher penalties including incarceration, even for defendants with only one prior offense. It is now pretty common for second offenders to receive 30 days or more and defendants with two or more prior convictions to serve sentences of six months or longer.

I blogged about a case a few weeks ago that I got involved after the sentence had been imposed and tried unsuccessfully to reverse the damage. In that case the defendant did not get into an accident, blew a .16 and had only one prior occurring 11 years prior to the second. He received a sentence of 4 months to serve in the Baltimore City Jail after the case was badly mishandled by his attorney. I represented a similarly situated second offender in the exact same court last week with a completely different outcome. Here are the facts.

DUI Second Offender Sentenced to Four Months in Baltimore City

Mon, 19 Jul 2010 16:41:38 -0500

As a Baltimore Maryland DUI/DWI Lawyer I handle DUI's almost every day in the District Courts of Baltimore City and Baltimore County. Because I am always in court I am often in a position to watch other attorneys handle, and in many cases mishandle, DUI cases. I have blogged many times in the past about these cases usually positing the question, "are you being represented by the right lawyer".

I recently got involved in a DUI case that was badly mishandled by another attorney in Baltimore City Circuit Court. Here are the facts:

Contested Maryland DUI Cases, Two Bites at the Apple!

Mon, 10 May 2010 10:24:25 -0500

Most defendants charged with DUI, DWI and other drunk driving crimes in Maryland do not realise their right to appeal and have a brand new trial. All misdemeanor criminal and traffic charges in Maryland are first tried in the District Court. If a defendant is not satisfied with the judge's decision, the defendant can appeal to the Circuit Court. Under the Maryland Rules, this is called an appeal de novo. An appeal de novo wipes the slate clean and is a brand new trial. Whether the appeal is a new trial heard by a jury or a plea bargain before a judge, it completely replaces the original decision in the District Court. Often times in difficult cases, it is sound strategy to take a shot in District court and if it is not favorable, appeal.

As experienced Maryland DUI lawyers, we have found that in difficult cases, our clients often fair much better on appeal than in the original trial. This is usually due to the fact that the higher court is used to dealing with the most serious crimes and a DUI is, relatively speaking, not as serious as murders, rapes, and other crimes the higher court is accustomed to dealing with. It may also have something to do with the fact that delay is always a friend of the defense for several reasons.

It is illegal to drink and drive in Maryland, but what is the meaning of "drive"?

Mon, 10 May 2010 09:10:33 -0500

Often times in Maryland DUI prosecutions, there is an issue of whether the defendant was actually behind the wheel or driving. This often comes up when the defendant pulls over to "sleep it off".

The term "drive" as used in the Maryland drunk driver statutes means to drive, operate, move or be in actual physical control over a vehicle. This includes control over the steering of a vehicle that is being towed.

The seminal Maryland case on this issue is Atkinson v. State, 331 Md 199 (1993). In Atkinson, Maryland court of Appeals has determined that in situations where the driver is simply using his car for shelter until sober enough to drive, the driver can not be prosecuted for DUI. As long as the occupant is totally passive and has not made any attempts to actively control the vehicle. he is immune from a DUI prosecution in Maryland.

What constitutes "actual physical control" includes 1) whether the vehicle is legally parked or on a public roadway, 2) whether the vehicle's headlights are on, 3) whether the ignition is on and the engine is running, 4) whether the driver is awake, 5) where in the vehicle is the occupant (driver's seat or back seat makes a significance difference), and 6) the physical location of the ignition key.

Maryland DUI/DWI Attorney Qualifications - Have You Researched Your Attorney's Background to be Sure that he is Qualified to Handle Your Case?

Wed, 31 Mar 2010 15:35:28 -0500

http://www.mdattorney.com/lawyer-attorney-1300822.htmlAs a full time Baltimore County Maryland DUI/DWI Attorney I am mindful of, and quite frankly troubled by, the fact that many attorneys handle criminal and serious traffic cases in spite of the fact that they are clearly not qualified to do so. I began to notice this fact when I was an Assistant State's Attorney in Baltimore County where I regularly tried cases against attorneys who were in private practice. Many if these attorneys were highly experienced and effective criminal lawyers. Many were not.

Indeed at the time I was shocked at the level of incompetence of some of the attorneys. When I asked around, I found that many of these attorneys were domestic attorneys or had practices focusing on civil litigation. It seems that if one of their client's came to them charged with a criminal or serious traffic offense, they would simply handle the case themselves instead of referring the matter to a criminal attorney. As I said, I prosecuted cases against these attorneys on a daily basis for five years and the clients were usually not well served. I have made the same observations from the other side of the aisle in 12 years I have spent as a full time criminal attorney and I witnessed a particularly egregious example last week.

Under Maryland Law, Fleeing the Accident is more Difficult than Fleeing the DUI

Fri, 26 Feb 2010 08:20:14 -0500

I am experienced Maryland criminal defense attorney who has counseled hundreds of criminal defendants and DUI suspects charged with fleeing the seen of an accident, Whether the driver has run into a tree and ditched his car, or ran someone over and sped off, experience shows that 90% of the time the responsible driver flees the scene because he is impaired by alcohol or drugs.

It is very easy for the police to prove a vehicle was in an accident. Often there are paint, blood or hair follicles that can be matched to the object or person hit. In cases where the vehicle is not ditched, police are often able to track down enough evidence to make a case against the owner/ driver. Sometimes the investigation takes days or weeks.

In these instances, however, it is almost impossible to prove the operator of the vehicle was impaired. This is because in order to convict a person of drunk driving, the police need to establish that the person was 1) behind the wheel, 2) had alcohol or drugs in his system, and 3) was above the Maryland legal limit of .08 or otherwise impaired.