The NCDD website describes the award:

Erwin-Taylor Award

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In the 40 years since I have learned to respect the rule of law and to practice civility towards clients, witnesses, adversaries, colleagues, jurors and judges.  I have been blessed to have seen firsthand how critical these two things, respect for the rule of law and civility, are to our society being able to function as a representative democracy, and the checks and balances that give power to the people are to the preservation of our way of life.  I have seen that it is possible to zealously represent the interests of my clients, while still having respect for prosecutors, judges and police officers.  It is not only possible, but necessary, to be able to disagree without being disagreeable.  The ability to compromise to settle disputes and to go to trial are hallmarks of our criminal justice system, in order to achieve the goal of treating everyone fairly, and with dignity and respect to achieve a just result.

In the presidential election this year, unlike any other year, respect for the rule of law and civility have been challenged like never before.  We have witnessed the take over of one political party by a presidential candidate who has no respect for the rule of law and constantly demeans and insults anyone and everyone he disagrees with, the press, scientists, doctors, politicians, veterans, civil servants, judges, prosecutors, and women in the most vile and pernicious ways.  He has been convicted of fraud, and judged liable for sexual assault.  He is ignorant of many of the issues needed to run a country, and lacks the decency and empathy needed, but could care less.  It seems as if cruelty is the message.  He has copied Stalin, calling the press “the enemy of the people.”  And he has copied Hitler, calling immigrants “vermin.”  His lunatic rants remain unchallenged and unnoticed by the mainstream media.  He has done something in politics that cannot be done successfully in court, he has routinely attempted to change the facts and evidence, and he has lied and doubled down on his firehose of lies to a breathtaking degree.  More frightening is the acquiescence and support of party leaders and judges who bend the knee, and repeat the lies, afraid or unwilling to tell the truth.  Shockingly, he may win in November, even after having incited a mob to attack the Congress and threaten the lives of the Vice President and Speaker of the House in support of the Big Lie that he won the election he fairly lost, setting back years of progress making this a more perfect union.  Ben Franklin said “It’s a Republic, if you can keep it.”  I hope we can.

The post My thoughts after 40 Years at the Bar – September 4, 1984 – September 4, 2024 appeared first on Maryland DUI Lawyer Blog.

Trump and his sycophants have called this trial “rigged.”  That is a dangerous lie.  The rule of law is the foundation of our democracy.  Any challenges to the verdict can be challenged through an appellate process that challenges rulings by the trial court to which Trump’s lawyers objected.  But saying that the process is “rigged” is a dangerous lie that can lead to violence.

Trump’s political career is marked by efforts to cheat, to ignore or flout the rules.  The first impeachment was because Trump threatened Ukraine’s President Zelensky with withholding aid if Zelensky did not lie and claim that the Bidens were being investigated for their business dealings in Ukraine.

The post NY v. Trump – a victory for the rule of law appeared first on Maryland DUI Lawyer Blog.

A commercial driver with a CDL faces a one year disqualification of the CDL if convicted of driving under the influence of alcohol or if found to have refused a breath test.  For many of these drivers a disqualification can be devastating as most of them will lose their jobs.  The legislature had previously passed an exemption if the driver was found guilty of driving while impaired under Transportation Article, § 21-902(b) as opposed to driving under the influence under § 21-902(a) it would not result in a disqualification.  Probations before judgment (PBJs) are considered convictions under the CDL laws so that doesn’t help.

There was a problem on the administrative side though, for CDL drivers that didn’t refuse, and blew .15 or more, the choice is either a six month suspension or one year on an ignition interlock.  However, if the CDL defendant blew .08 or more but under .15, while facing a 6 month suspension, 6 month on interlock or 6 month work permit.  All of these choices would result in a lost job because any restriction other than alcohol or glasses/contacts, is incompatible with a CDL.  However,  those CDL drivers that blew .08 or more but under .15, could conceivably get a reprimand from an administrative law judge (ALJ) at the MVA hearing, basically a warning that would go on their driving record but with no real consequence.  However, even if convicted under § 21-902(b) and facing a possible suspension at the MVA, the ALJ still had discretion to impose only a reprimand.

The post Commercial drivers with CDLs hurt by new Maryland DUI law appeared first on Maryland DUI Lawyer Blog.

It appears this does not apply to out-of-state drivers.

If you have been charged with a DUI or DWI, and do not want the interlock, you will have to fight your case in court.

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The answer can be found in Wadlow v. State, 335 Md. 122, 642 A.2d 213 (1994).  In Wadlow, the indictment charged the defendant with possession with intent to distribute more than 448 grams of cocaine but it did not refer to the sentencing enhancement under Art. 27, § 286 (f).  Also, the jury was never asked to decide the amount of cocaine.  As a result the Maryland Supreme Court reversed the part of the sentence that relied on possession of more than 448 grams.  The Court said:

In Maryland, however, we have generally drawn a distinction between sentence enhancement provisions that depend upon prior conduct of the offender and those that depend upon the circumstances of the offense. In the former situation, involving recidivism, we have made it clear that determination of the requisite predicate facts is for the sentencing judge. See Maryland Rule 4–245(e) (“[T]he court shall determine whether the defendant is a subsequent offender….”). The State must give timely notice to the defendant of its intention to seek enhanced penalties because of one or more prior convictions, but that notice is not filed with the court until after the acceptance of a guilty or nolo contendere plea, or after conviction. The applicable Rule also provides that “[t]he allegation that the defendant is a subsequent offender is not an issue in the trial on the charging document….” Md.Rule 4–245(d).

The post Do you have to get an interlock in Maryland for a DWI? Some judges say yes. I say no. appeared first on Maryland DUI Lawyer Blog.

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These drug recognition experts can be challenged on the ground that their testimony is insufficiently reliable to be considered by a court.  As noted in an op-ed by Regi Taylor in the Baltimore Times on July 1,

Greenbelt-based attorney, Lenny Stamm, takes issue with the “scientific reliability” of methods used to identify suspected impaired drivers, particularly “assessments conducted by the state’s Drug Recognition Experts.” Stamm is an author and recognized national authority in his field, conducting seminars and lecturing widely on the DUI topic.

The post July 1, 2023 – Maryland’s 420 appeared first on Maryland DUI Lawyer Blog.

The seminar, organized and run by Leonard R. Stamm in conjunction with the MCDAA will feature presentations by experienced lawyers as well as an expert chemist.  The schedule is shown below.  If your lawyer attends this program, he or she is getting the most up to date training available for how to handle DUI cases.

MCDAA’S 19th Annual Advanced DUI Defense Seminar 

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