Monday, June 19, 2017

Caught Driving Without a License? How to Get a Maryland License Without Immigration Papers

Charges for driving without a license are one of the most common issues new immigrants to the United States face. Many recent arrivals don't realize that a license from their home country does not operate as a valid driver's license in the United States. At Portner & Shure, we help our clients fight these charges. If you've been charged with driving without a license in Maryland, the best thing you can do in your defense is to get a valid license. Since 2013, Maryland law has provided a pathway for individuals without proof of legal residency in the United States to obtain a driver's license. Here's how:


  1. File and pay Maryland income taxes for two full years before applying. Then obtain a certification letter from the Comptroller  of Maryland to prove it. If you've already paid two years of taxes, you can request the letter here: http://taxes.marylandtaxes.com/Individual_Taxes/Individual_Tax_Types/Income_Tax/Obtain_MVA_Tax_Certifications/ 
  2. Make sure your passport is current and valid. If you do not have a valid passport, other official ID may be sufficient, however, an unexpired passport is your safest option.
  3. Obtain two separate forms of proof of residency in Maryland. These documents can be in the form of a residential lease, a phone or utility bill, or a bank statement.
  4. Study the Maryland Drivers Manual, which you can find here in English: http://www.mva.maryland.gov/drivers/maryland-drivers-manual.htm and in Spanish: http://www.mva.maryland.gov/drivers/rookie-driver/tutorial/tutorial-intro.html 
  5. Schedule your written test and driving exam with the MVA
Don't get caught driving without a valid driver's license in Maryland and make sure you follow those steps above to get a Maryland driver's license. If you've been charged with driving without a license in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515. 


Wednesday, May 31, 2017

What is the Importance of a Criminal Defense Attorney in Bel Air?

If you've been charged with a criminal or serious traffic offense in Bel Air, you may be asking yourself if it is necessary to hire an attorney. Harford County judges are known for handing down some of the harshest criminal and traffic sentences in Maryland. So, when you are facing serious criminal or traffic charges in Bel Air, do you want to risk going before a judge in Harford County without an experienced defense attorney standing next to you? Are you willing to risk jail time?

The tough on crime atmosphere in Harford County and the severe penalties that often get imposed shows why it is necessary to retain a top-rated local defense attorney. Your attorney can aggressively negotiate with the State's Attorney on your behalf to get the best result possible. Oftentimes, having your attorney discuss your case with State's Attorney can make the difference between jail time and no jail time.

Portner & Shure criminal defense attorneys are in the Harford County courthouses every week. Our attorneys are your advocates. We will never just accept the State's first offer, and if negotiations do not result in a favorable outcome, we never hesitate to take the case to trial.

We understand the serious consequences you are facing and we will stop at nothing to get you the best result possible. If you've been arrested for criminal or traffic charges in Bel Air, call Portner & Shure's criminal defense attorneys today for a free consultation: (301) 854-9000, (410) 995-1515.


Wednesday, May 24, 2017

What are the Penalties for Theft Offenses in Maryland?

Theft penalties are broken down based on the value of the goods stolen. The higher the value, the more severe the penalty.

A person convicted of theft of property or services with a value of:

(1)   Less than $100 will be found guilty of a misdemeanor and can face up to 90 days imprisonment or up to a $500 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services
(2)   Less than $1,000 will be found guilty of misdemeanor and can face up to 18 months imprisonment or up to a $500 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services
(3)   At least $1,000 but less than $10,000 will be found guilty of a felony and can face up to 10 years imprisonment or up to a $10,000 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services
(4)   At least $10,000 but less than $100,000 will be found guilty of a felony and can face up to 15 years imprisonment or up to a $15,000 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

(5)   $100,000 or more will be found guilty of a felony and can face up to 25 years imprisonment or up to a $25,000 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

       If you have been charged with a theft offense in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.



Thursday, May 18, 2017

What to do if you are Charged with a DUI in Ocean City this Memorial Day Weekend

Memorial Day Weekend is quickly approaching and that means police officers in Ocean City are gearing up for DUI patrols. Memorial Day signifies the unofficial start of the summer season and many people use that as an excuse to "go crazy." Ocean City is a beach town full of bars and restaurants where it is very easy to drink alcohol in excess. Places like Seacrets are common places where people go to drink a lot of alcohol. With a lot of drinking comes an increased risk of people drinking and driving.

Ocean City is a common vacation destination for local Marylanders. That means that many people choose to drive to the beach. Instead of being forced to Uber, Lyft, or take a taxi, people will just drive their own car. DUI are very common in Ocean City throughout the summer season. A DUI charge in Ocean City is taken very serious and local judges do not take drinking and driving offenses lightly, especially because the area sees a large volume of DUI cases from tourists.

It is very beneficial to hire an experienced DUI attorney in Ocean City to represent you and help you try to avoid the maximum penalties, which include up to 1 year in jail and fines for a first offense. Portner & Shure is recognized as a Top 10 DUI law firm in Maryland, and our attorneys have represented countless DUI offenders in Worcester County.

If you've been charged with a DUI in Ocean City this Memorial Day Weekend, call the experienced DUI attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.


Thursday, May 11, 2017

Marijuana Laws in Maryland: Do You Know Everything?

It has been a few years now since Maryland decriminalized marijuana, and most people in the state are aware of that. The law states that you will be charged with a civil citation if found to possess less than 10 grams of marijuana. There are no longer criminal charges associated with possession of small amounts of marijuana. However, the law is not as simple as it may sound.

There are some variations in punishments and fines associated with possession of marijuana. The simple rule that everyone knows (i.e. possession of less than 10 grams results in a civil citation) only applies to people over 21. Anyone caught possessing less than 10 grams of marijuana will be required to appear in court where a judge is likely to require a drug diversion or education program to be completed. Another variation in the law applies to subsequent offenders. Anyone who previously had been cited 2 other times for possession under 10 grams will be required to appear in court if caught possessing less than 10 grams for a third time.

A first offense for possession of less than 10 grams results in a $100 fine. A second offense carries a $250 fine. A third offense carries a $500 fine.

Drug offense laws vary state to state and they can often be very confusing. If you have been charged with a drug offense in Baltimore, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.


Monday, May 1, 2017

What to do if you are Charged with DUI while on Vacation in Ocean City

Every year, thousands of Marylanders and people from other states head to Ocean City for a beach vacation. And inevitably, some of these visitors make the decision to drive drunk and they are subsequently arrested for a DUI. The summer months in Ocean City are the busiest times at the beach and that means the police presence is at its peak. Ocean City Police officers monitor Coastal Highway at all hours of the day looking for drunk drivers.

If you are caught by police driving drunk in Ocean City, you should take it very seriously because there are strict penalties that you will face. Being charged with a serious crime like DUI in a location far from your home is very inconvenient and can cause a lot more problems than just a headache. Depending on the facts of your specific case, you could be facing jail time. Judges in Ocean City courts see vacationers come before them in the court room frequently and they usually do not look favorably on an out-of-towner committed a serious offense.

If you've been charged with a DUI in Ocean City while on vacation, call the TOP 10 DUI lawyers at Portner & Shure. We are a local law firm that not only has an office in Ocean City to meet with clients, but we have offices throughout Maryland. You should have an aggressive defense attorney fighting for you in court in order to limit the most severe consequences.

Call Portner & Shure today for a free DUI consultation.


Monday, April 24, 2017

How Do I Get an ID if I was Charged with DUI and Lost my Driver’s License?

In Maryland, when you are stopped by police and charged with a DUI, the officer will confiscate your Maryland driver's license (out-of-state licenses cannot be confiscated by Maryland police). In return, the officer will give you a temporary paper license that allows you to continue driving for 45 days. On the 46th day after your arrest, your license is suspended and you can longer drive for several months However, during that 45 day period, depending on if you took the breath test and your results of that test, you may be able to request a MVA hearing within the first 30 days or have an ignition interlock device installed in your vehicle within the first 30 days of the arrest.

During these various periods, you are without any form of identification, and people often ask us what they are supposed to do if they are asked for ID. The easiest answer is to go to the MVA to purchase an ID card. Just because you lost your driver's license does not mean that you are not allowed to obtain an ID. For some people, you may be ineligible to request a MVA hearing for a restricted driver's license and you may elect not to install the interlock device in your vehicle. In that case, you would be facing a very lengthy suspension of either 180 days or 270 days. You would likely need a form of identification during that period, so it is recommended that you obtain an ID card from the MVA.

DUI offenses can ruin your life. If you're caught drinking and driving, you are subject to serious consequences. If you've been arrested for a DUI in Maryland, call the TOP-10 DUI lawyers at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.


Tuesday, April 18, 2017

How Does the Ignition Interlock Process Work?

Recently, in Maryland, stricter penalties were put in place for anyone charged with a DUI. One of the biggest changes involves the required use of an ignition interlock device for first-time offenders. Understanding how the device works and how one gets the device installed in their vehicle can be a bit confusing. Here is some important information about the interlock device:

  • If you refuse the breathalyzer test or take the breath test and your results are 0.08 or more, you can elect to participate in the interlock program instead of taking a suspension 
  • If you refuse the test or blow over 0.15, you are very limited in your options if you must continue driving--you must elect to participate in the interlock program because there is no other way to get a restricted license to be able to drive
  • If you refused the test or blew over 0.15 and elect to participate in the interlock program, the device is required to be installed for one year. If you blew at least 0.08, but less than 0.15, the device is required to be installed for six months
  • Within 30 days of your DUI arrest, you must return the ignition interlock form to confirm your participation in the program. Failure to do so will eliminate your ability to have an interlock device installed in your vehicle
  • After returning the interlock form, you will contact one of the MVA approved interlock service providers (i.e. Life Safer, Smart Start, Guardian Interlock Services) to set up an installation appointment. You must bring your order of suspension that was given to you by the officer to the interlock provider.
  • After the device is installed, the interlock provider will give you a document that you must take to the MVA in order to get your restricted driver's license
  • After your six month or one year period is up, depending on your breath test results, you will then return to your interlock provider to have the device removed. Then, you will return to the MVA to exchange your restricted license for your normal license
As you can see, the process for obtaining and maintaining an interlock device is complex. Don't miss out on your opportunity to continue driving for work or school with an interlock device and hire an experienced DUI attorney in Maryland to handle your case.

If you've been charged with a DUI in Maryland, call the Top 10 DUI attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.



Friday, April 7, 2017

Charged with DUI? Alcohol Treatment is a Necessary Step for a Favorable Outcome

A DUI charge in Maryland carries significant penalties, including fines, possible jail time, suspension of your driver's license, and required use of an ignition interlock device in your vehicle. Some of these consequences may be avoided if you take steps to take responsibility for your actions. It is never a good idea to come to court for your DUI case and go before the judge without having any documentation of having tried to do right to make up for your terrible decision to drink and drive. Our attorneys have learned over the years that there are some things DUI clients can do before court in order to increase their chances at avoiding the worst consequences in court.

We make sure all of our DUI clients attend alcohol treatment classes immediately after being charged with the offense. Oftentimes, the client is classified as a social drinker, which essentially just means that this person made a terrible mistake and had one bad night where they drank too much, got in their car, and drove away. Social drinker are usually required to complete a series of treatment sessions over a couple of weeks. Once all treatment is complete, the client will receive a certificate to be able to show to the judge in court.

Alcohol treatment is probably the single most important thing a person charged with DUI can do prior to appearing in court. Ultimately, the judge is going to order that alcohol treatment be completed, but having it already done when you do go to court shows the judge that you are taking responsibility for your actions. Judges usually look favorably on this and are often agreeable to sentence you with probation before judgment, as opposed to a jail sentence. Plus, treatment will already be completed and that is one less thing you are required by the court to complete in a timely manner.

If you've been charged with DUI in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.


Friday, March 31, 2017

Speed Cameras and Red Light Cameras are Returning in Baltimore

Beware, red light cameras and speed cameras will soon be functioning again in Baltimore City. It has been about 4 years since these cameras were in use due to numerous improperly issued tickets to drivers. While many of these camera devices have remained in place during this period of inactivity, it will be easy for officials to make them active again. Officials assure drivers that the revival of the camera system will not result in false readings and improperly issued tickets as they did previously. Additional new cameras will also be installed throughout the city.

Mayor Pugh made the decision to reinstate use of the cameras as a means to collect $5 million in revenue for the City budget. The Mayor also cites driver safety as another reason for bringing the cameras back.

The new camera program is expected to launch in late April or early May. Drivers that receive citations during the first 30 days of the cameras being used will only receive a warning. After the 30 day period, tickets will be issued to drivers that go through red lights or speed. Anyone who does receive a ticket from one of these cameras does not have to worry about receiving points on their license because it is only considered a civil citation.

Many drivers in Baltimore City are probably used to never having to worry about being caught by red light cameras or speed cameras. But, this is going to change very soon and drivers should be aware.

If you're charged with a serious traffic offense in Baltimore, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.


Tuesday, March 28, 2017

Drunk Driving Crashes have Dropped Across Maryland

A new study was recently released by the University of Maryland, which shows that alcohol-related crashes involving injury or death have decreased by 6% each year since 2011. What's the cause of this consistent drop?

The study linked this drop in alcohol-related crashes to Maryland's increase in the alcohol sales tax, which rose in 2011. The decline in the number of crashes was even higher for younger drivers--12% decline each year. Researches knew that the number of crashes involving fatalities and injuries that were linked to alcohol would decrease over time with improved safety measures in vehicles. However, researchers did not expect such a significant decrease as was observed.

Legislators passed the increase in taxes as a way to curb underage drinking and drunk driving. Even with this study's results, legislators do not say they will seek another increase in taxes anytime soon.

Maryland lawmakers continue to propose new laws in order to cut down on the number of drunk drivers on the roadways, including just recently, the ignition interlock requirement and more severe penalties for those caught drinking and driving. Drunk driving continues to be a major problem, and will certainly remain a high priority for lawmakers and police across the state.

If you've been charged with DUI in Maryland, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.


Thursday, March 23, 2017

Why You Need an Aggressive Criminal Defense Lawyer in Bel Air, Maryland

When searching for a criminal defense attorney, one of the most important things to look for is a lawyer with experience in the county courts in which you are charged. Hiring an experienced lawyer in Baltimore City probably will not be as beneficial if your case is before a Harford County Judge. Choosing an attorney with decades of experience in the county in which you face charges can be the difference of probation and jail time.

Harford County judges are known for handing down some of the harshest criminal and traffic sentences in the state compared to other jurisdictions across Maryland. Due to this "tough on crime" atmosphere in Harford County and the severe penalties that often get imposed, you need to retain an attorney who will aggressively negotiate on your behalf rather than accepting the State's Attorney's first offer.

Portner & Shure attorneys have combined experience over 100 years in courtrooms across Harford County, including Bel Air. Our attorneys are always ready and willing to take your case to trial if the State does not make a fair plea offer. At Portner & Shure, we understand the consequences you are facing and will stop at nothing to get you the best result possible.

If you're facing criminal or traffic charges in Harford County, you should call the criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.


Thursday, March 16, 2017

Can a Bar be Held Liable for Injuries Caused by a Drunk Driver?

One of the most debated subjects is about liability for over-serving a patron alcohol.  Many people think that a bartender or bar should be held responsible for any injuries that result from over-serving one of their customers with alcohol. Many other people think that it is not fair to hold a bartender or bar responsible for actions done by another person that result from being served too much alcohol.

In Maryland, it has long been held that a bar owner cannot be held liable for the injuries or death of someone that is caused by a drunk driver who was drinking at the bar. This rule is known as the Dram Shop Law. Maryland simply DOES NOT recognize a duty that a bar owes to a third person. In other words, a bar owner owes no duty to a car accident victim whose vehicle was struck by a patron based on the bar's serving of alcohol to the patron prior to the accident. Maryland law does not say that a bartender is required to analyze the drunk state of every person they serve alcohol. It is simply too a high a duty that that would place on a bartender to have to monitor how much alcohol every bar patron has been served and to have to make sure they are not driving a car when they leave the bar.

This topic is always hotly debated and will likely continue to be debated in the future. For now, just know that you cannot hold a bar or a bartender liable for injuring someone else because the bartender served you with too much alcohol.

If you've been charged with an alcohol-related offense in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.


Friday, March 10, 2017

What Happens if I get Probation Before Judgment (PBJ) and I Violate it?

If you've been charged with a criminal or traffic offense in Maryland and you have gone to court for those charges, then you probably have heard of probation before judgment or PBJ. Anyone charged with a criminal or traffic offense have the option to plead guilty in exchange for receiving a PBJ (some offenses are exempt from having option for a PBJ). Whether it is a speeding ticket or a DUI, a PBJ means that you cannot get into trouble with the law at all during your probationary period, which usually is for one year. That means that if you receive another speeding ticket or are charged with a DUI during your probationary period, you have violated your probation.

A violation of a PBJ probationary period works the same way as a violation of any other probation associated with serious criminal charges. A PBJ violator may face harsher penalties for their crime or violation, and that may include jail time.

Having the option for a PBJ should be seen as a privilege and should not be taken for granted by those who receive one. A PBJ essentially "erases" any terrible mistake that you have done and helps you avoid any conviction. However, if you get into more trouble, the PBJ will be taken away. Additionally, you do not get an unlimited number of opportunities to receive a PBJ from a Judge. It is only meant to help someone who has made one single mistake in their life and "forgive" them for that mistake.

If you've been charged with a criminal or traffic offense in Maryland, call the attorneys at Portner & Shure today for a free consultation: (410) 995-1515, (301) 854-9000.


Friday, March 3, 2017

How Can you Find a Good DUI Lawyer to Represent you?

You've been arrested and charged with DUI in Maryland. What is the next step? Hire an experienced criminal defense attorney to represent you. 

There are numerous criminal defense attorneys in Maryland that handle DUI cases on a regular basis. but how do you know who the "good" attorneys are and who the "bad" ones are?

There are two types of DUI lawyers--the ones who assume every case will be a guilty plea, and the ones who prepare every case like it is going to trial.

As an attorney, if you assume you are trying the case, you leave no stone unturned when investigating the case in order to identify all possible legal defenses for your client. When it comes time for trial, the attorney is well-prepared to try your case, which in essence is the leverage you need to negotiate a favorable deal, if that is ultimately the route you choose to take.

Whether you choose to have a trial or negotiate a plea agreement, a good DUI lawyer will do whatever it takes to get you the best result, while ensuring that you are always advised of the potential risks and benefits, so that you can make informed decisions every step of the way.

Remember, a DUI charge is not something to take lightly; it is a very serious charge will significant consequences. If you've been charged with a drunk driving offense, call the attorneys at Portner & Shure for a free consultation: (301) 854-9000, (410) 995-1515.





Friday, February 24, 2017

Can You Get a DUI for Just Sitting in Your Car Drunk in Maryland?

Believe it or not, you CAN be charged with DUI in Maryland if you are found sitting in your car while intoxicated. While this may sound counter-intuitive, everything hinges on the statutory language, "actual physical control." In Maryland, according to the statute, a person can be charged with driving under the influence (DUI) for driving or attempting to drive intoxicated, which includes simply being in "actual physical control" of the vehicle.

Now, you may be wondering, what does "actual physical control" of the vehicle mean. In deciding whether someone is in "actual physical control," the Court will consider whether the engine is running, whether you are in the driver's seat, whether you are asleep or awake, where the ignition key is located, whether the headlights are on, and whether you are in a roadway or legally parked. So, for example, if you are found by police just sitting in the driver's seat of your car, with the keys in the ignition, Courts have found that that constitutes "actual physical control" of a vehicle and a person can be found guilty of a DUI.

If you've been charged with DUI in Maryland, contact the criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Monday, February 20, 2017

Open Container Law in Maryland: Does it Apply to Passengers in Vehicles?

Many of us are probably aware of open container laws in Maryland. I think we all generally know that it is illegal to have open containers of alcohol outside on the street in public. However, many people probably do not know that it is also illegal to have open containers in vehicles, regardless of whether you are driver, front seat passenger, or back seat passenger. An occupant of a motor vehicle may NOT possess an open container that contains any amount of an alcoholic beverage.

If you are in a vehicle and stopped by police and the officer sees that you have an open bottle of beer or wine, or even just a plastic cup filled with an alcoholic beverage, they will give you a citation for violating Maryland's open container law. This type of attention from police officers will often lead to suspicions of drunk driving and could result in a DUI charge for the driver if any alcohol is detected on them.

There are obvious exceptions to the open container law for special vehicles, such as buses, taxis, limousines, and RVs.

Just remember to never drink and drive and never have open containers of alcohol anywhere in your vehicle. If you are charged with an alcohol-related offense in Maryland, call Portner & Shure for a free consultation: (301) 854-9000, (410) 995-1515.


Monday, February 13, 2017

Three Things to Know if You Are Charged with DUI in Frederick

If you are charged with DUI in Frederick, Maryland, here are three things to remember:


  1. If it is your first offense for driving under the influence, the first thing to take care of is your driver's license. When you are arrested for a DUI in Maryland, the police officer will confiscate your license (unless it is an out-of-state license) and give you a temporary paper license that is only valid for 45 days. 
  2. If you were offered the breathalyzer test, but refused, OR you took the test and blew over 0.15, you are limited to just TWO options. For a refusal, you may elect to take the suspension for 270 days OR elect to install an ignition interlock device in your vehicle for one year. For a result over 0.15, you may elect to take the suspension for 180 days OR elect to install an ignition interlock device in your vehicle for one year. HOWEVER, if you took the breath test and your results were under 0.15, you may elect either of the two options above (180 day suspension), or request a MVA hearing to get a restricted license. A restricted license allows to continue to driving past the 45 day period, but you are limited to driving to/from work or school.
  3. When it is time for court, assuming this is your first DUI, there was no contributing accident, you completed alcohol treatment prior to trial, and your breath test results were under 0.15, a probation before judgment (PBJ) is a likely outcome. A PBJ means that there will be no conviction on your record.
If you've been arrested for DUI in Frederick, call the Top-10 DUI lawyers at Portner & Shure for a free consultation today: (301) 854-9000, (410), 995-1515.


Monday, February 6, 2017

What does it mean to have a bench warrant in Maryland?

A common question we receive from potential clients is: "What is a bench warrant and what do I have to do to make it go away?"

In Maryland, you are made aware of the fact that you have an active bench warrant, that means that the police can arrest you on sight if they stop you and run your name in their system to see that you have an active warrant for your arrest. The most common reason that a bench warrant is issued by a judge is because a defendant has missed a required appearance in court. If you have a court date scheduled for a certain day and you do not appear, as soon as the judge calls your case and sees that you are not present, he/she will sign a bench warrant. This action then enters your name in the sheriff's database for all police officers to see. Therefore, if you are stopped by police for any reason and they run your name in their system, they will automatically see the active warrant and will arrest you. Many people think they can stay out of trouble with the police and choose to risk being arrested by doing nothing about their warrant. We do not recommend that, especially as police officers continue to use more advanced technology, such as the license plate readers that allow officers to scan hundreds of license plates in a minute.

If you have missed a court date and have an active bench warrant, don't just ignore it and risk being arrested. Make sure you hire an attorney as soon as possible and they can draft a motion to quash the warrant to help get you a new court date so that you can resolve your matter in court.

If you have an active arrest warrant in Maryland, call Portner & Shure for a free consultation and let us quash that warrant and help you resolve your matter and put it behind you. (301) 854-9000, (410) 995-1515


Monday, January 30, 2017

Do You Have to Get a New Driver’s License if you Move to a New State?

People often forget that when you move to a new state, you MUST update your driver's license to the new state, or else your other license will be suspended. In Maryland, you have 60 days for a noncommercial driver's license to update to a Maryland license and 30 days for a commercial license. If caught with an out-of-state license past that time period, you will face a suspension on your license.

Sometimes people with out-of-state license with a suspension on their record will move to a new state in an attempt to get a new license without a suspension. When updating to a Maryland license, MVA will not give you a Maryland license until the suspension on your out-of-state license is resolved. In addition, when updating to a Maryland license, MVA forces you to surrender your out-of-state license.

A new change in Maryland regarding licenses is that you will no longer obtain your physical license at MVA. Instead, your new Maryland license will be mailed to you. The new Maryland driver's license is considered the most secure license in the country, and for that reason, MVA will no longer hand out licenses at any location.

If you've been charged with a traffic offense in Maryland related to a driver's license issue, call Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.


Tuesday, January 24, 2017

Charged with DUI in Maryland—Your Ability to Drive Will Be Significantly Affected

In Maryland, when you are arrested for DUI, the police officer will confiscate your driver's license (unless you have an out-of-state license) and provide you with a temporary paper license. This paper license must remain in your vehicle while driving or else you can be charged with driving without a license. The temporary license is only valid for 45 days, and on that 46th day if you have not taken any action, your ability to drive is suspended for a certain period of time depending on various facts of your case (i.e. results of the breath test, refusal of the breath test).  If you take the breath test and the results are under 0.15, you will have three options regarding your driver's license: (1) you may request a MVA hearing to get a restricted license that would still allow you to drive for things such as school or work; (2) you may install an ignition interlock device in your vehicle for a one year period and that would allow you to drive freely; or (3) take the suspension, which varies depending on the facts of your case (180 days-2 years).  However, if you refuse the breath test or take the test with results over 0.15, you are only limited to option (2) and (3)--install the interlock device or take the suspension.

When arrested for a DUI in Maryland, time is a very important factor when it comes to your ability to drive after the arrest. If you are able to request a MVA hearing, you should do so within 10 days of your arrest because that guarantees that your hearing will be scheduled before the 46th day when your suspension will take place. If you do not request a MVA hearing within the first 10 days, you must request one within 30 days of the arrest, or else you lose your chance to get a restricted license.

If you've been arrested for a DUI in Maryland, don't put your driving ability at risk and make sure to hire a top 10 DUI law firm in Maryland to help you throughout the criminal and administrative processes. Call us today for a free consultation: (301) 854-9000; (410) 995-1515.

Monday, January 9, 2017

Maryland's New Mobile Breath Test Truck Means More DUI Arrests

      We all should be familiar with the stricter DUI penalties in place in Maryland as of October 1, 2016. Police throughout Maryland are doing whatever it takes to catch as many drunk drivers as possible to keep roads and highways safe. Over the past few years, there have been far too many fatal accidents caused by drunk drivers and police want to put an end to that. We have just made it through the busiest time of the year for DUI arrests with holiday parties and New Years.

      Maryland State Police recently unveiled a Mobile Breath Test Truck that they can set up at DUI checkpoints to make the DUI arrest process much quicker. This is bad news for drunk drivers on the roads because this means that police can process a drunk driver much faster than they used to. In a typical DUI arrest, a police officer will pull you over, smell alcohol on your breath, ask you to submit to a preliminary breath test and/or perform field sobriety tests. Based on results of these tests, the police officer will then arrest you for DUI. Next, the officer will have to transport you to the police station to administer the official breathalyzer test. The results of that test are used in your case. This process took a significant amount of time to transport an offender from the scene of the arrest to the station. With the mobile breath test truck, officers can now perform the official breathalyzer test at the scene of the arrest and continue to make additional arrests.
     
       You should always think twice about drinking and driving, but there is even more reason now to call an Uber or Lyft instead of taking the risk to drive. Police are now more likely to catch you driving drunk on the roads than before.

If you are caught drinking and driving in Maryland, call Portner & Shure for a free consultation. The consequences are significant with Maryland's new laws, so don't risk your ability to drive and hire a Top 10 DUI law firm to represent you. Call us today: (301) 854-9000; (410) 995-1515.