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Maryland DUI Lawyer Blog

A Legal blog covering DWI / DUI, car accidents, and criminal law in the State of Maryland.
By Bruce M. Robinson, P.A.

Post Frequency: 0.1/day

Last Entry: June 28, 2009 at 18:06:58

Howard County DUI - Serious Case -Serious Defense

Posted on June 28, 2009
Luckily the overwhelming majority of DUI cases in Maryland are relatively bland, that is, the driver had a little too much to drink and was stopped by Maryland's law enforcement for speeding or driving on the shoulder; nobody gets physically hurt. However, occasionally a very serious case comes along which necessitates an extremely high level of defense or the Defendant is going to jail for a very long time...

Maryland DUI: Deplorable & Shocking Police Behavior

Posted on May 23, 2009
Regarding bogus DUI arrests in Maryland, I have had clients tell me about the nefarious behavior of officers for years, however I have never witnessed the behavior personally, until last night. On Friday, May 22nd at 10:50 p.m. I left Chilly's Restaurant on Route 32 and Londontown Blvd in Carroll County, Maryland, with my fiancee and her mother...

The Breathilizer Gizmo

Posted on May 22, 2009
This is a guest author contribution regarding Breathalyzer Machines : Maryland DUI Lawyer Blog. 3 Ways Breathalyzers can be Incorrect Many BAC readings can be incorrect at the time you are tested following a DUI arrest, with the reading being as much as 23 percent higher than it should be due to inaccurate breathalyzer testing...

Maryland DUI Consequences & your CDL License

Posted on May 19, 2009
So you got a DUI/DWI charge in Howard County, Baltimore County, Anne Arundel County or any other county in Maryland and you have a CDL (commercial driver's license). Your CDL is required for you to work, so what happens now? Well, in a word, you have a problem...

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Drunk Driving Maryland

Posted on May 03, 2009
As if avoiding a drunk driving charge in Maryland was not hard enough, it seems I'm hearing more about nefarious police tactics- from the police themselves and a prosecutor charged with DUI in Howard County whom I recently vidicated. That is, if you catch an officer's eye and he wants to pull you over and can't find one of many reasons from his handy DUI playbook, ie...

We take ourselves too darn serious

Posted on April 19, 2009
Here I am enjoying a lazy Sunday afternoon and staying current on the latest Maryland DUI issues which may effect my DUI clients when I came across the following alcohol related article regarding a DUI charge on a bar stool. I thought that was a little weird so I figured I'd remind the public about Maryland DUI law as it relates to unusual (and sometimes silly) "vehicles"...

A DUI in Howard County Maryland

Posted on April 19, 2009
Howard County is but one of 24 counties in Maryland in which one can be charged with DUI. For those that are interested, Howard County was founded in 1838 and today has many redeeming qualities. In 2006 it was ranked the third wealthiest county by median household income by the U...

The Breath Machine (EC/IR) in DUI Cases

Posted on February 16, 2009
At this point we all know that the breath machine, in Maryland it's the EC/IR, in DUI/DWI cases is a vital part of the DUI conviction process; that's why the legislature has its very own law for blowing a number of .08 or greater into the contraption...

Over the limit- Under Arrest ?

Posted on January 11, 2009
I have always maintained that DUI defense in Maryland is a strange animal. DUI law it seems, is the only criminal field where the accused faces significant jail time and other life altering problems yet the defendant's rights are severely limited. That is, limited Miranda rights, false advise by the police and limited access to counsel...

But your Honor, he was Polite & Cooperative

Posted on December 07, 2008
So, you get arrested for DUI/DWI in Maryland, what do you do? The trial Judge may ask the arresting police officer if you were "polite and cooperative" and the officer's response can, in some instances, play a role in what the Judge does with you. However, what does this really mean? If you were charged with a more serious crime than DUI you would know that you have rights, Miranda rights that is and hopefully you would know to stay quiet and say nothing until you had the benefit of sage wisdom of counsel...

DUI Roadblocks in Maryland

Posted on November 16, 2008
The 4th Amendment to the United State's Constitution says "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated..." This amendment, part of the Bill of Rights, made applicable to the individual states through the 14th amendment Due Process clause as established by the Supreme Court in Mapp v...

It's getting weird out there....

Posted on November 08, 2008
A DUI defendant came to see me yesterday from across the bay bridge; she blew a .12 in the breathalizer and a .15 on the PBT (preliminary breath test offered on the street to determine if a DUI arrest is warranted). She was wondering how her BAC (breath alcohol content) could drop in the matter of minutes that it took to get from the street to the barracks...

Can we be a little less helpful?

Posted on November 07, 2008
I was representing a young man in Howard County, Maryland this past week on a DUI charge. The defendant was trying to be a good samaritan when he went out to pick up a friend who needed a ride; unfortunately, he had a few drinks before venturing out...

The Government doesn't play fair- there's a shocker!

Posted on October 25, 2008
I was in Baltimore County District Court this week representing a pleasant out of state client on a Maryland DUI/DWI charge. This client had never been in trouble before and was very concerned about the outcome of his case (obviously desiring to keep his record untarnished by a bogus DUI charge)...

What you do following a DUI arrest in Maryland

Posted on October 21, 2008
So, you have been arrested for a DUI/DWI in Maryland, what do you do now? Well, here is what you don't do, nothing! Following an arrest for DUI or other alcohol related offense in Maryland there are time sensitive things that must immediately be done in order to protect your license...

Experts and Expert Training

Posted on September 29, 2008
A Maryland DUI defendant needs two things in order to maximize his/her chances of a successful resolution of his case. He needs a lawyer that has the proper DUI training and expertise and he needs access to appropriate experts in court. The defense of a DUI case is a sub-specialty of criminal law, just like cardiology is a sub-specialty of medicine, and if you want to win your case, you should treat your case the same way you would treat your body...

DUI Plea Deals

Posted on September 29, 2008
The proper defense of a Maryland DUI charge is a complicated matter. A DUI/DWI defendant does not always realize this when seeing the number of Maryland DUI cases which are plead out in court, but when a DUI matter is properly worked up for trial it gets complicated and generally requires experts to come to court to help the judge or jury find the truth...

Jury Trials and DUI Defense

Posted on March 13, 2008
We recently finished a hard fought three day DUI jury trial. The results were mixed, that is, we won certain charges, like the 21-902(a) 1 - NOT GUILTY but lost other charges. It was a hard case because the defendant had a blood alcohol level of .243 secondary to a result of a hospital blood draw following a car accident...

DUI Super Cops & non existent quotas

Posted on December 16, 2007
Ask any cop and they will tell you, "quotas, no way! We don't have 'em and we don't use em". However, certain cops seem to have an unusually high arrest record for alleged DUI offenders. There are recent cases out of Florida and now Illinois with cops making up evidence in order to arrest innocent people and charge them with DUI...

Experience absolutely counts

Posted on August 24, 2007
I was in Prince George's County, Maryland for a DUI trial last week. The Defendant was a multiple offender hence he had a lot riding on the outcome of his case. I approached the prosecutor to discuss the matter, she, in their typical cavalier attitude told me what she wants the defendant to plead guilty to...

Wake up and smell the coffee beans

Posted on August 12, 2007
It's getting a little scary out there folks- come on wake up! I saw a blurb of an article that a DUI attorney in Minnesota successfully petitioned the court for the source code of the breathalyzer machine on behalf of his client. This is a challenging discovery request which, to my knowledge has only been successfully advanced in Florida and now Minnesota...

But I'm not guilty......I have rights!

Posted on August 11, 2007
I can go to dinner Saturday night and have two drinks and not worry about driving home. I won't be drunk and therefore I won't have any DUI/DWI issues. I live in America and in this country we have rights! We are innocent until proven guilty in a court of law, and that applies to all cases, even DUI/DWI cases in Maryland...

GERD- Acid Reflux & the DUI breath machine

Posted on August 04, 2007
Another question regarding the ubiquitous DUI breath machine, in Maryland the EC/IR; soon to be replaced by the newer and more advanced EC/IR II. Question: what about if I burped before I blew in the machine? What if I have GERD, acid reflux, or other digestive issues? GERD and/or acid reflux are medical conditions that cause a person to suffer heart burn types of pain in their chest which often results in belching gaseous stomach contents up through the esophagus and into the mouth...

Harvard Law School & Continuing Legal Education

Posted on July 29, 2007
Many states require lawyers to take continuing legal education after graduating from law school and passing the bar, Maryland is not one of them. In Maryland, once you pass the bar you are authorized to say goodbye to school and books forever. As a Maryland lawyer, I feel differently...

I can pass Field Sobriety Tests and various sundry matters

Posted on July 16, 2007
Have you ever driven home from a social event after midnight and been just plain exhausted to the point where it's a struggle to keep your eyes open? Have you ever driven your car for 3 or more hours and looked in the mirror and seen red, glassy eyes staring back at you? That's how it was for me driving back from camp the other day...

How to select a Maryland DUI Defense Lawyer

Posted on July 09, 2007
Day to day I don't have any particular agenda regarding what to write about but instead when I'm in DUI court, things seem to happen which prompt me to write a post. Today I was in court in Anne Arundel County, Maryland and listened to a case which was called before mine...

Why DUI defense attorneys do what we do (Part 2)

Posted on July 09, 2007
In my prior post on this topic I was explaining that the criminal justice system for some reason treats DUI suspects differently and with less privilege, than a murder suspect. This is of great concern to the DUI bar for many reasons. The most important of which was already discussed, that is, we can not permit an erosion of constitutional rights in the name of convenience of prosecution...

Does it matter how I breath into the device?

Posted on July 07, 2007
People ask me if it matters how you breathe into the breath machine. Is it good to hold my breath? Should I breathe heavy? Should I breathe quickly? The answer is, it does matter how you breathe into the device. Basically, you want to do the opposite of whatever the cops tell you to do- then you will get a fair result (notwithstanding the machine's shortcomings that were previously discussed)...

Maryland DUI and Field Sobriety Tests

Posted on July 07, 2007
I have been espousing to clients and the public in general that engaging in Field Sobriety Tests (FSTs) following an alcohol stop is wrong! It's just wrong! The reason is because there are so many variables against you regarding the successful completion of these tests and conversely you have so little to gain by attempting the exercises...

When being right is not necessarily right

Posted on July 05, 2007
First thing back after the Independence Day holiday I'm in Montgomery County, Maryland for a DUI . In this case the defendant was stopped for a traffic violation and read her DR-15 rights prior to blowing in the machine. She did not understand her rights as they can be somewhat confusing so she asked to speak with an attorney, on more than one occasion, which is a good thing to do in any case...

What if I am a Diabetic?

Posted on July 05, 2007
I recently concluded a case for a lady who blew a .19, she was a diabetic and was stopped in her car while racing home, above the speed limit and blowing through lights in order to get to her meter to test her sugar levels. She had insulin injections with her but no meter...

Why DUI attorneys do what they do (Part 1)

Posted on July 04, 2007
Why do DUI defense lawyers defend people accused of drinking and driving, after all, it's a terrible crime, people get hurt and sometimes worse? How can we possibly do this? Do we condone the use of alcohol and driving? Do we lack a conscious or compassion for our fellow man? The answer is, it is our conscious and compassion for our fellow man that drives us...

Where can I be arrested?

Posted on July 04, 2007
A client recently contacted me to represent him for DUI for driving his vehicle on strictly private property. That is, he was attempting to get his vehicle out of a wooded area when arrested. (How the vehicle got in the wooded area in the first place is beyond the scope of this blog)...