Maryland Criminal Defense Lawyers
Maryland Criminal Defense Lawyers
A DUI arrest and conviction when you had a child under 16 in the car now means you will be required to install an alcohol-detecting ignition interlock device in your car. Maryland lawmakers recently added this requirement to those previously existing.
Under current Maryland DUI law, an ignition interlock device is required for any second offense conviction or greater, or if the driver is under 21, or blows a high BAC of .15%, which is nearly twice the legal limit for intoxication. [Read more…]
The Washington Post posted an article this week revealing what many defense attorneys already know: the results of breath tests are not always completely accurate. These tiny machines used to potentially send someone to jail can be misread, miscalibrated, and simply dysfunctional.
According to the report, the Washington DC police department had recently pulled several breathalyzer machines. Police Chief Cathy L. Lanier is quoted as saying “It’s good that we caught it ourselves and pulled these machines immediately.”
The issue in this case seems to be with calibration of the machines. Slight changes within the machines can be all that’s necessary to send someone over the legal limit of .08%. The report suggests that at one time, the department was functioning with 8 out of 10 of their breathalyzers on a defective status.
The Metropolitan Police Department along with the city’s Attorney General’s office are investigating and are said to be issuing a report sometime in coming weeks.
Regardless of where you are, within the metro or in outlying burbs, breathalyzers used in DUI arrests and convictions are far from reliable. Whether police departments recognize it or not, the potential for error is great. Across the country these tools, however, continue to be used often as the main source of evidence in a DUI case.
When arrested for a DUI charge it is crucial you speak with an attorney knowledgeable of the workings of these machines. If the District of Colombia has charged you with a DUI and your breath test results are a big factor in your case, this specific incident in the city could potentially help your case.
Even a first time DUI charge in DC carries up to 90 days in jail. Losing your license for 6 months can be devastating and cause far reaching effects on your family life and your employment.
If you are facing charges of DUI in DC or Maryland, I can help. Contact me today for a consultation on your case.
Proposed new legislation to require ignition interlock devices for anyone convicted of a first time DUI charge in Maryland got a boost, when Governor O’Malley went on record supporting such a measure, stating he would sign the bill.
The bill passed the State Senate last year, but was stalled by the House Judiciary Committee. The chairman of that committee is known to be a criminal defense attorney who is skeptical of these measures, but there is good reason to question whether this legislation would go too far in punishing average citizens.
An ignition interlock device is a system that requires a driver to blow into a device and prove that they don’t have any alcohol on their breath before the car’s ignition will start. The device
Restaurant and bar industry advocates suggest that it is unfair to tag someone who makes a one-time mistake, barely over the legal limit of .08%BAC with the same penalty as someone with a history of alcohol abuse, who may be driving several times over the limit for alcohol impairment. A law like this takes away judicial discretion to make a distinction between these two types of cases, and would require an interlock device to be installed for any 1st offense DUI. Current law makes these devices available at a judge’s discretion, or in cases where a defendant may choose a shorter license suspension in exchange for one of these devices.
The new law would require the devices for anyone facing DUI penalties, even if they are given a Probation Before Judgment, or PBJ, which is not considered the same as a conviction by Maryland DUI laws.
Over the holidays people tend to drink alcohol a bit more freely. The police are well aware of this upswing in drunk driving incidences and often set up checkpoints or saturation points to stop DUI offenders in their tracks. In Hartford County, these checkpoints are being credited with 4 arrests over a 2 day period.
Checkpoints are set up in random areas across the state where law enforcement agencies come together to prevent drunk driving tragedies. State Troopers and local police often work together to make operations like this run as smoothly as possible.
According to the Baltimore Sun, a two day saturation patrol ended in more than 100 warnings and citations in addition to the 4 DUI arrests. They also state two arrests were made unrelated to driving while intoxicated.
With holiday parties, football, and friendly gatherings drinking seems to be more common at this time of year. Unfortunately, it seems that there is always a holiday drunk driving tragedy in the news, where an accident claims the life of someone who was traveling home for the holidays or shopping for those last few gifts.
Police and other organizations seek to minimize the occurrences of these Christmastime tragedies by taking preventative measures like the saturation points. By randomly stopping vehicles, they aren’t only taking those drunk drivers off the road, but possibly deterring others from getting behind the wheel in the first place.
But it is certainly questionable whether these is an effective use of police resources, as opposed to regular patrols. A case can be made that stopping every car looking for possible drunk drivers means there are less patrols on the road watching for seriously impaired people weaving across the road.
Regardless, if you are stopped for DUI you are facing some serious consequences. For many people, a single DUI can be a life changing experience. For others, a second and third offense with stricter penalties seems to be the wakeup call required.
No matter how many times you have been before a judge for a DUI, it will still make you nervous and add stress to your life. If you are facing DUI charges in the state of Maryland, you need the assistance of an aggressive defense attorney.
Call me now to discuss the details of your case.
A Montgomery County Police Officer is under investigation for perjury after giving false testimony in a DUI case. Officer Dina Hoffman made a DUI arrest on 56 year old George Zaliev. Video at the scene shows he wasn’t driving at all, however.
A nearby surveillance camera caught the whole arrest on tape from the moment Hoffman arrived at the scene. In her report and in court she testified that when she arrived Zaliev was behind the wheel with the engine running. Video clearly shows, however, that Zaliev was, in fact, lying down in the back seat.
According to this article from ABC7 News Hoffman lied 10-20 times about occurrences during the arrest.
Obviously, once the discrepancies were spotted Zaliev was found not guilty by the judge, but Hoffman’s actions are certainly deplorable. It is not clear why she would fabricate such a story but she is now the subject of an internal affairs investigation. Interestingly, she is still on the job.
Accountability is huge in police departments. I find it strange that Officer Hoffman is still riding around in her patrol car after such a blunder. What will come of the investigation is unknown but it should serve as a notice to police that even when a camera isn’t on you, your ethics should keep you in line.
Being charged with DUI in Maryland is no small matter. If convicted Zaliev could have faced up to 1 year in jail and fines reaching $1,000. And this was only if it was his first offense. The more convictions you have on your record, the harsher the sentence is.
We’d all like to think that it is rare for the police to lie about what happens at the scene of an arrest. However, as a realist, I know it happens.
More than likely, however, you made a mistake and are ready to face the consequences. On your day in court you should have an experienced local attorney at your side to ensure you get the best results possible. Call me today to discuss your MD DUI case and see how I can help.
Criminal convictions are public records, so there isn’t much that can be done when DUI/DWI convictions are published in Maryland newspapers. In the times of quick and easy online access to public records, it is difficult to hide these facts. For some people, it is a reason to consider fighting DWI or DUI charges in court.
These drunk driving conviction records do give us an interesting view on how penalties for pleading guilty can vary, even with the same offense in front of a different judge.
For example, one particular judge appears to insist on the defendant abstaining from alcohol as a condition of probation, and getting an alcohol restriction on your license.
This may be a fairly minor distinction, but the larger point is that judges have specific tendencies. Some are very fair to defendants, and some are very tough. Some judges may be reasonable on process and motion issues, but extremely tough when it comes to sentencing.
This is just another area where an experienced Maryland drunk driving defense lawyer can make a significant difference in the outcome of your case. An attorney who knows the judges who preside in a particular court, and his or her tendencies may be able to anticipate certain situations you would like to avoid.
You can’t pick the judge in your case, but if you do end up with a judge that might be more likely to rule unfavorably in a certain situations, then you might be more likely to ask for a continuance, or agree to a continuance if the prosecutor requests one for some reason.
That kind of specific experience really does matter, and can make a real difference in your case.
So when you call for a consultation, be sure to ask about specific experience with cases just like yours, as well as experience in the court where you are assigned. An experienced defense attorney will know the court, the judges, and their tendencies, and will be able to factor that information into whatever recommendations you are given.
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For a free case evaluation on a DUI or DWI charge in Maryland, please contact us today!
Kumar Barve, the majority leader in the Maryland House of Delegates, pleaded guilty to a first offense DUI. News reports here and here. He was sentenced in Montgomery County District Court.
Reports indicated he blew a .10 on a breath test, slightly above the legal limit of .08% BAC. Police reports suggested that he crossed a double yellow line, failed a “walk and turn” so-called field sobriety test. Officers also indictated that he smelled of alcohol, his eyes were bloodshot, his face flushed, and his speech was slurred, as they typically do in DUI arrests.
He received a standard sentence of a probation before judgement, which essentially means that the guilty finding will be recinded if he meets all the conditions of his probation. And he will be eligible to have the charges expunged in the future.
Other conditions of his probation include not drinking alcohol for 1 year, attending MADD meetings, and completing a 26 week alcohol awareness class.
Delegate Barve took full responsibility for his actions, and no one was harmed. We wish him the best, and understand that this is a mistake that anyone could make.
All in all, he got a reasonable, standard result for someone under the circumstances. A good DUI defense lawyer would be able to get a similar result for anyone under these circumstances who chose to plead guilty. There is no evidence at all that he received any judicial favoritism in this outcome.
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If you are charged with drunk driving/DUI/DWI in Maryland, please contact us for your free defense consultation. We can help you fight the charges and defend your license, or work to make sure you get the best and fairest deal under Maryland DUI laws. There is no obligation for our advice.
In a letter to the editor published in Southern Maryland Online, a representative from the American Beverage Institute cites studies that show that roving patrols are far more effective in arresting drunk drivers than organized, visible roadblocks.
It is a reasonable assumption that roadblocks are not a particularly effective use of the limited enforcement resources of the police department. Big, showy roadblocks may make people believe that they are helping reduce drunk driving more than standard, quality police work, and now the evidence supports that belief.
The question is, does stopping and questioning people randomly to check for signs of intoxication make more sense that actually trying to identify people who appear to be driving dangerously or erratically?
And evidence shows the answer is that these efforts don’t make sense, and are an inefficient use of police resources in enhancing public safety.
Anyone who has ever driven on a highway any night of the week can tell you that there is no shortage of people who are driving unsafely or too quickly. You could pull over every third car for exceeding the speed limit. And, though more time consuming then simply stopping ever car at a checkpoint, at least those individuals would be actually suspected of doing something wrong.
It is always helpful when individuals and groups come together to honestly and objectively assess the best ways to prevent drunk driving. Too often, the neo-prohibitionist groups like MADD are the only voice in the discussion.
By the way, the American Beverage Institute is an industry group that represents bars and restaurants that serve alcohol, and is an important voice in fighting drunk drivers at the source.
Maryland lawmakers rejected a proposed bill to mandate special license plates for drivers with multiple DUI / Drunk driving convictions. The proposed legislation would have required that a person with 3 or more drunk driving, /DWI or impaired driving charges get a special license plate with the letters DUI on it, and pay an additional $500 fee for the special tags.
The legislators rejected this “scarlet letter” approach, citing no evidence that these shaming techniques result in reduced offenses or increased safety for the public. Even MADD did not think it was a worthwhile idea, so it is probably safe to assume they are right!
It is unfortunate that these crazy ideas pop up all too frequently from perhaps well-meaning, yet misguided politicians and political coalitions looking to “DO SOMETHING” about the issue of drunk driving.
When reason and sanity prevail, we’ll take the win and move on!
Police in Talbot County Maryland announced they are setting up DUI roadblocks this weekend. The locations are undisclosed, but the fact that roadblocks will be in affect is designed to deter drunk drivers. It is also a requirement for the DUI roadblock to be legal that they be announced in advance, to make them constitutional under Maryland law.