Wednesday, December 31, 2014

Stay Alive, Don't Drink and Drive & Catch a Ride with Uber or Lyft

Uber and Lyft Team up with MADD for New Year’s Eve

            Both Uber and Lyft, alternative services to traditional taxis, are working with Mothers Against Drunk Driving (MADD) for New Year’s Eve to make sure people have a designated driver and do not drive drunk.  Each company will donate $1 per ride to MADD for every trip on the night of New Year’s Eve.  Lyft’s program has a $10,000 donation limit, whereas Uber does not have a cap on donations.  However, riders need to text “MADDNYE” to activate the donation. 

MADD’s mission is simple, to prevent drunk driving deaths.  According to MADD, “last year, 70 people died in drunk driving accidents on New Year’s Eve.”          

Uber expects over two million rides tonight.  Uber suggests that in order to avoid paying over $100 for your ride, do not request a ride between 12:30 AM and 4 AM when demand will be highest.  If you request a ride right at midnight, you will likely avoid these high fares.

Remember, it is never a good idea to drink and drive, especially on New Year’s Eve.  Stay safe and Happy New Year from Portner & Shure.

If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Avoid a Maryland DUI Arrest This New Year’s Eve


With the Christmas holiday behind us, we all have New Years to look forward to celebrating.  Drivers should be aware that New Year’s Eve is the holiday with the most arrests made for suspicion of drinking and driving.  This also means that a large number of police officers will be out looking for any sign of someone driving under the influence of alcohol and will not hesitate to pull you over.  A majority of people either attend parties where alcohol is served or go out to a restaurant/bar where alcohol is served.  Celebratory champagne toasts at midnight are hard to avoid no matter where you are.  Portner & Shure wants to help you avoid a DUI arrest on New Year’s Eve with the following tips:

1.      Most importantly, if you drove to your party destination and are drinking alcohol, do not drive home or to your next destination.  The best option is to call a cab, Uber, or Lyft to transport you safely.  Another option is to have a designated driver who plans on not consuming alcohol.

2.      If you do drink, limit the number of drinks you consume.  People tend to make unwise decisions, such as drinking and driving, when they drink too much alcohol.  If you plan on drinking on New Year’s Eve, pace yourself and know your limit.

3.      Make a plan in advance to assure you have a fun, but safe evening.  Whether your plans include taking a cab, Uber, or Lyft to reach your destination or staying in a hotel for the night to avoid driving at all, it is important to make a plan to avoid drinking and driving.

4.      Remember to eat before drinking alcohol.  The more food you eat, the less room there is for alcohol in your stomach.  Food also helps to soak up the alcohol to minimize its effects on the body.

5.      Just be smart.  Heavy amounts of alcohol can negatively affect a person’s judgment and can lead to DUIs, or even worse, a deadly car accident caused by drunk driver.  Let’s make sure everyone is safe and lives to see what 2015 has to offer.
If you have been arrested for a DUI/DWI it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal. 

If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Thursday, December 18, 2014

Ashburn, Virginia DUI Attorney


Former Attorney Gets 9 Year Sentence for Killing Two While Driving Drunk

            Recently, a former Ashburn, Virginia attorney who pleaded guilty to killing a husband and wife in a 2013 drunk driving crash was sentenced to nine (9) years in prison (20 years for each aggravated involuntary manslaughter with all but 4 years suspended on each, in addition to 1 year for the DUI charge).  The Defendant, Mark Anthony Sgarlata, was found to have had a blood alcohol concentration (BAC) of 0.15, almost twice the legal limit in Virginia of 0.08.  Sgarlata’s car hit the two victims, who were riding a motorcycle on Ashburn Farm Parkway, as he was turning left into the Junction Plaza shopping center.  Back in August, Mr. Sgarlata pleaded guilty to two counts of aggravated involuntary manslaughter and a charge of driving drunk.  Sgarlata had previously been arrested in 2011 for suspicion of DUI, which led to a guilty finding of reckless driving.  As a result, he avoided jail time and was required to listen to victims of drunk drivers tell their story and write about the impacts from those cases.  For each charge in the 2013 case accident, the Loudoun County Circuit Court Judge implemented the maximum sentence, but suspended most of the prison term under conditions that the Defendant avoids any other future charges and participates in community awareness for drunk driving once released from prison.

If you have been arrested for a DUI/DWI it is important that you consult an experienced Virginia DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.  Portner & Shure has a satellite office in Ashburn, Virginia to serve our DUI/DWI clients.
If you or a family member has been charged with DUI or DWI in Ashburn, Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Tuesday, December 16, 2014

Davidsonville, Maryland DUI/DWI Attorney


Two Die in Alcohol-Related Crash in Davidsonville, Maryland

Two people died in a head-on collision Monday night and police believe alcohol was a factor.  One victim, at 22 years old, was driving an Audi TT, and the other victim, a 60 year old woman, was driving a Toyota Yaris.  The driver of the Audi is believed to have crossed the center line and crashed right into the driver of the Toyota head on.  The accident occurred in Davidsonville, Anne Arundel County, Maryland on Central Avenue.  Police are still investigating the scene to determine the exact cause of the crash.  http://www.wbaltv.com/news/headon-crash-kills-one-seriously-injures-another/30247682?linkId=11184560

It is unfortunate how often drunk driving related fatal accidents occur.  It is never smart to get behind the wheel of a car after you have been drinking.  Assuming the police are correct in their belief that alcohol was involved, the driver who drove under the influence of alcohol made an irresponsible decision doing so by putting their life and the lives of others in grave danger.

If you have been arrested for a DUI/DWI it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.  Portner & Shure has a satellite office in Annapolis and Glen Burnie to serve our DUI/DWI clients.

If you or a family member has been charged with DUI or DWI and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/


 

Multilingual DUI/DWI Attorney in Prince George's County, Maryland


DUI/DWI and Immigration Implications in Prince George’s County, Maryland

            The immigration process in the United States is a very involved and lengthy process.  Individuals who are awaiting citizenship or are in this country using a temporary visa will face serious consequences if convicted of a DUI or DWI.  It is already tough enough to obtain citizenship in the United States as an immigrant, so you do not want to give the U.S. government any reason to deny you.  A drunk driving conviction (DUI or DWI) can negatively affect whether the government grants you citizenship or denies it.  It is important that you hire an experienced DUI/DWI attorney who can work with the prosecutor to avoid having a criminal conviction on you record.  For those individuals who do not speak English, it is imperative that you seek a law firm with several multilingual (Spanish, Chinese, Korean) paralegals to assist you.  Also, remember that if you only speak a language other than English, the officer who pulls you over for a possible DUI/DWI must obtain an interpreter to go over your rights and advise you about what is happening during the field sobriety tests, as well as the breathalyzer test.

            A drunk driving conviction does not only affect an individual’s ability to gain citizenship in the United States, but it also can lead to being deported if you are here on a temporary visa or are here illegally.  United States immigration laws allow the government to remove or deport any individuals with a temporary visa or no documentation at all who commit criminal offenses.  Drunk driving offenses, such as DUI and DWI in Maryland, are serious criminal charges especially if someone is killed as a result of the offense.  Again, it is important to hire an experienced DUI/DWI attorney in Maryland if you are in the United States on a temporary visa and are charged with a DUI or DWI in order to avoid deportation or removal.  An experienced attorney can work with the prosecutor to try and avoid a conviction to prevent being deported.

If you have been arrested for a DUI/DWI it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

If you or a family member has been charged with DUI or DWI  in Prince George’s County, Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/


Tuesday, December 9, 2014

Consequences of Multiple Subsequent DUIs in Virginia

visit us at www.portnerandshure.com
or call (703) 916-1227 to speak with a top rated Virginia DUI lawyer today for a free consultation.

Virginia’s penalties for a first-time DUI are among the most severe in the country.  Penalties resulting from multiple DUI offenses become harsher with each subsequent conviction.  For a first time DUI charge, the person is given a seven (7) day administrative suspension of their driver’s license.  There is also a mandatory minimum $250 fine and a license suspension for one year.  In addition, there is a mandatory enrollment and completion in an Alcohol Safety Action Program (VASAP) and use of an ignition interlock device in your vehicle.  These penalties worsen if the driver’s blood alcohol concentration is between 0.15 and 0.20 (an additional five days in jail) or greater than 0.20 (an additional ten days in jail).

In Virginia, the penalties for a second or subsequent DUI conviction are determined by how much time has passed since the prior DUI conviction.  A second DUI conviction within ten (10) years of a prior DUI means there is a mandatory minimum ten (10) days in jail and license suspension of three (3) years.  A second DUI conviction within five (5) years of a prior DUI means a mandatory minimum jail sentence of twenty (20) days with a minimum of three (3) years license suspension. 
However, if the BAC is between 0.15 and 0.20, the jail sentence is increased by an additional twenty (20) days.  With each subsequent DUI conviction, the minimum mandatory jail time increases and the license suspension time can potentially increase to an indefinite period of time.  The maximum jail penalty for a second DUI conviction can be up to one year.

More than two DUI convictions carry even heavier penalties depending on when the subsequent conviction occurred in comparison to the prior conviction.  There is a minimum six (6) month jail sentence and permanent vehicle forfeiture for a third DUI conviction within five (5) years.  There is a minimum three (3) months in jail and permanent vehicle forfeiture for a third DUI conviction within ten (10) years.  Finally, there is a minimum twelve (12) month jail sentence and permanent vehicle forfeiture for a fourth subsequent DUI conviction.

It is imperative that you hire an experienced Virginia DUI attorney if you have subsequent DUI offenses.  If you have been charged with your second or a subsequent DUI, the penalties increase substantially and an experienced Virginia DUI attorney can work hard to limit these consequences.  Our Experienced DUI attorneys have extensive knowledge necessary to walk you through the process and increase the possibility of a favorable outcome.


If you have been charged with DUI or have been charged with a subsequent DUI offense and would like to speak with a top rated Virginia DUI lawyer, call us today at (703) 916-1227 for a free consultation.

Monday, December 8, 2014

DUI and Minors: Consequences in Maryland

visit us at www.portnerandshure.com
or call us at 410-995-1515 to speak with a top rated Maryland DUI lawyer for a free consultation.

Maryland, like the rest of the states in this country, has very strict laws regarding underage drinking, especially with driving under the influence (DUI).  Maryland has a “zero tolerance” law for underage drinking that prohibits anyone under the age of 21, a minor, from consuming alcohol.  Any person under the age of 21 who is stopped and found to have a blood alcohol concentration (BAC) of 0.02 or greater is in violation of Maryland’s “zero tolerance” law.

Minors can be arrested for DUI if it is determined that their BAC was 0.02 or higher.  (Note: DUI BAC for individuals 21 years of age and older is 0.08).  Minors can only be charged with “per se” DUI if submitting to a breath or blood alcohol test that returns a BAC of 0.02 or higher.  It is never recommended for someone under the legal drinking age to submit to a breath test if you have had any amount of alcohol.  Police officers will sometimes arrest underage individuals if they reasonably believe the minor is operating a motor vehicle while under the influence of alcohol.  Minors who have been arrested for suspicion of DUI must hire an experienced attorney in order to achieve a favorable outcome.

For a first-time DUI offense, a minor will have their driver’s license suspended for six (6) months, face up to a $500 fine, and possible jail time up to two (2) months.  If within a five (5) year period of the first DUI conviction, the minor will have their driver’s license suspended for one (1) year in jail, and subject to a fine ranging from $500 to $2,000.

Maryland laws for underage drinking and driving are very strict because legislators want to avoid teenager-involved car accidents as best they can.  Minors are more likely to be involved in drunk driving related motor vehicle accidents because they are relatively new drivers who do not yet fully understand the dangerous effects alcohol has on their body and the impact that has on their ability to drive.  It is important that minors in Maryland know the laws regarding drunk driving.  If you have been arrested for a DUI as a minor (under the age of 21) it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

If you or a family member has been charged with a Maryland DUI as a minor and would like a free legal consultation or if you would like more information on DUI or DWI in Maryland, please feel free to contact our office at (410) 995-1515 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/