Criminal Law

U.S. Senators all in a tizzy over DUI Apps on Apple and Google

Posted on March 23, 2011
Apparently four Democratic senators wrote a letter to Apple, RIM (Blackberry) and Google requesting that they discontinue distributing the app(s) which let drivers share information in real time concerning the location of DUI checkpoints roadblocks. It seems the Senators are upset because they do not want this information shared among the public because they want as many drivers as possible to be snared in these dubious road blacks...

Maryland increases DUI/DWI Patrols for St. Patrick's Day

Posted on March 15, 2011
St. Patrick?s Day falls this week and many people will be celebrating this auspicious occasion all week long. It?s a fun time for drinking and sharing good times with friends; but be warned the police are watching very closely so be careful. In fact, in Maryland, local and State Police are upping the anti by increasing DUI patrols the entire week for the sole purpose of nabbing intoxicated DUI/DWI Maryland drivers...

Funny DUI Thought for the day

Posted on March 15, 2011
A man and his wife were awakened at 3:00 am by a loud pounding on the door. The man gets up and goes to the door where a drunken stranger, standing in the pouring rain, is asking for a push. Not a chance,' says the husband, "'it is 3:00 in the morning!' He slams the door and returns to bed...

Lack of Probable Cause

Posted on March 10, 2011
I recently read an article in The Aspen Times about a woman in Colorado that blew a .23 at following a DUI arrest but her case was thrown out at trial. Apparently this is news worthy in Aspen but in reality, it is not, it is just the law working the way it is supposed to...

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If nothing else, here is a deterrent for you

Posted on March 03, 2011
It seems in Reno there was a police sergeant that had a knack for not following the rules and for continually violating department policy without discipline from the department. Consequently it is alleged that this sergeant, in an DUI alcohol stop apparently sexually violated a 17 year old girl in the back of his cruiser during a 2006 traffic stop...

And the hits keep on coming...

Posted on March 01, 2011
So yesterday it was reported that some former MADD pain in the ass, chapter president out of the sunshine state (Florida) over indulged her (apparently strong) hidden desire for alcohol and was arrested prior to killing someone since it was alledged she was driving her car at a ...

The height of MADD hypocrisy- unreal!

Posted on February 28, 2011
Absolutely Unreal! A former MADD chapter president was arrested on serious DUI charges in Florida on February 18, 2011. In some ways this is hard to believe but in others, it's not hard at all. The details of the arrest are here. The thing about these self righteous, self glorified MADD folks is they think they walk on water...

Why should I retain your firm to defend me?

Posted on December 14, 2010
Funny thing happened to me while I was in DUI Court today. My client was facing a pending jail sentence so we went to Court to try to change that; we were successful and kept him out of jail. Another satisfied client; but, that is not the reason for this post...

What should the BAC legal limit be?

Posted on November 02, 2010
It's simple, the level should be zero. That way all drivers know not to drink if they are driving a car. Very simple and clear for all parties. Simple to enforce too. The present system is the dumbest possible thing because it tells drivers they may in fact drink alcohol but they must know subjectively when to stop drinking, which gets harder to do once consumption has begun...

Firefighters, DUI and Video tape

Posted on May 08, 2010
We recently resolved a DUI arrest in Howard County against an aggressive State's Attorney who enjoys litigating every case s/he gets their hands on! This firefighter, a State employee who risks his life for the benefit of others was arrested on suspicion of DUI following a simple traffic infraction and field sobriety exercises performed on the street...

Another Roadblock case

Posted on February 19, 2010
I recently tried another DUI Roadblock case in Howard County District Court. Yes, another roadblock case, I have written extensively regarding the legality of roadblocks and the DUI Defendant's responsibility in Maryland. For those who are interested, the seminal case is Little v...

Jurisdiction v. Baltimore County DUI

Posted on December 27, 2009
The jurisdiction in a DUI case is where the DUI was effectuated; which is essentially where the police pull you over and make an arrest. The local police, such as Baltimore County or Howard County Police are charged with the responsibility to protect their given jurisdiction; they are not authorized in normal DUI/DWI cases to travel into adjacent jurisdictions to arrest except in special circumstances...

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...

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...

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