Maryland Bishop Faces Manslaughter and DUI Charges for Deadly Hit-and-Run

         Bishop Suffragen Heather cook, the second-highest leader of the Episcopal Diocese of Maryland, now faces vehicular manslaughter, DUI, and other charges.  Just a few weeks ago, Bishop Cook was driving a car that killed a bicyclist in Baltimore and she fled the scene, only to return a short time after.  It was later reported that Bishop Cook had been charged with DUI in the past, and when police officers tested her blood alcohol concentration (BAC) after the wreck, it was 0.22, which is almost triple Maryland’s legal limit of 0.08.  Her previous DUI arrest included a BAC of 0.27 and an officer found two small bags of marijuana, paraphernalia, a bottle of wine, and a bottle of liquor in her car.  Cook pleaded guilty to drunken driving then, and the drug possession charges were dropped.  Unfortunately, in this recent accident, a 41 year old was killed.

            As a reminder to all Maryland drivers, consequences of multiple DUIs become harsher with each subsequent conviction.  First time offenders who are convicted of DUI in Maryland will be subject to a driver’s license suspension, monetary fines, and/or jail time.  Specifically, the MVA will revoke your license for six (6) months and you will incur twelve (12) points on your driver’s license.  In addition, a first DUI offense carries a maximum penalty of one year in jail and/or a $1,000 fine.  Finally, an Ignition Interlock Device (IID), which is a breathalyzer device connected to the car that does not allow the car to start if the driver’s blood alcohol concentration (BAC) is over the programmed limit, is not required for your first offense.  If you refuse to submit to an alcohol-related test, or submit to a test and the result indicates an alcohol concentration of 0.08 or more at the time of testing, your driver’s license will be confiscated, you will be issued an Order of Suspension, and if eligible, a temporary license valid for 45 days.

Second time or subsequent offenders who are convicted of DUI in Maryland will be subject to a driver’s license suspension, monetary fines, jail time, and use of an IID.  Specifically, the MVA will revoke your driver’s license for one year, require use of an IID for a three to twelve (3-12) month period, impose twelve (12) points on your license, and recommend an alcohol abuse program.  In addition, a second DUI offense carries a maximum penalty of two (2) years in jail (with a mandatory minimum of five days) and/or a $2,000 fine.  If your alcohol test result reveals an alcohol concentration of at least 0.08, but less than 0.15, the suspension of your driver’s license will be 90 days.  If your test result is 0.15 or more, the suspension will be 180 days for a second or subsequent offense.  If you refuse the test, the suspension will be one year for a second or subsequent offense.

Note that in Maryland, the lookback period, or period of time that prior DUIs are relevant for sentencing, is ten (10) years.  In other words, judges can take into account prior DUI convictions within ten (10) years when sentencing for a current DUI offense.

If you or a family member has been charged with a 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/  

A/B DUI Citation Rules in Maryland

          The A/B citations are statutory rules that apply to DUIs and DWIs in Maryland.  Oftentimes if you are pulled over by a police officer for suspicion of drinking and driving, the officer will charge you with both an A and B citation. 

A DUI citation, or the “A” citation, is driving under the influence of alcohol.  The Maryland law (MD Code, Transportation, § 21-902(a)) states that, “(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol; (2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se (blood alcohol concentration is 0.08 or above); (3) A person may not violate (1) and (2) while transporting a minor.”

            A DWI citation, or the “B” citation, is driving while impaired by alcohol.  The Maryland law (MD Code, Transportation, § 21-902(b)) states that, “(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol (blood alcohol concentration is 0.07 or more); (2) A person may not violate (1) while transporting a minor.”

            If the driver’s blood alcohol concentration is 0.06, there are no presumptions and the state can try and prove guilt with other evidence.  However, if the driver’s blood alcohol concentration is 0.05 or less, it is presumed that you were not driving while impaired by alcohol.  Nevertheless, the state can still try and prove either the “A” and/or the “B” offenses if you performed poorly on any of the field sobriety tests.

            It is imperative that you hire an experienced Maryland DUI/DWI attorney if you have been charged with a DUI or DWI because the penalties can be severe.  A skilled DUI/DWI attorney can work hard to limit these consequences and achieve a favorable outcome.  The attorneys at Portner & Shure can and have worked with the State to plead down to a lesser charge (i.e. from “A” to “B”). 

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/

Here is a link to the Maryland law: http://law.justia.com/codes/maryland/2013/article-gtr/section-21-902/

What You Need to Know About MVA Administrative Hearings in Maryland

In most cases involving first offenders, Portner & Shure advises clients pulled over for DUI/DWI in Maryland to consent to take a test (usually a Breathalyzer test) to measure the alcohol concentration in their system.  If you refuse the Breathalyzer test, or if you take the test and your alcohol concentration is 0.15 or more, there are severe consequences for your driving privileges, including not being able to request an administrative hearing with the Motor Vehicle Administration (MVA).

In situations when you consent to take the test and your alcohol concentration is less than 0.08, you are not subject to a suspension of your driver’s license, and no administrative hearing is necessary.  However, if your alcohol concentration is at least 0.08 but less than 0.15, your driver’s license will be suspended for 45 days for a first offense and 90 days for a second or subsequent offense.  In this situation, you have the right to request an administrative hearing.  You can request this hearing at any time within 30 days of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended.  More importantly, you must request a hearing within 10 days of the date of the Order of Suspension to insure that your privilege to drive is not suspended prior to your hearing.  The request must be made in writing and must include a check or money order for $150.00, which is the required filing fee. 

If you have been charged with DUI/DWI in Maryland, it is vital that you hire an experienced DUI/DWI attorney who can challenge the administrative consequences, such as a driver’s license suspension, and work to achieve a favorable result.  In some instances, your attorney can get a modification of your license suspension or even challenge the state’s entire case against you by arguing that the alcohol measuring device was not properly calibrated.

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/

Why Choose Portner & Shure as your DUI Attorney?

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.

Mr. Portner has a proven track record of successfully defending clients charged with DUI in Maryland.  He knows the severe penalties and all the possible negative effects of having a DUI conviction on your criminal record.  Some of the direct and indirect consequences include jail time, substantial monetary fines, demotion at your job, losing your job, losing security clearance at your job, being deported if in the United States illegally or using a temporary visa.  Mr. Portner has been defending DUI clients for over 20 years.  Portner & Shure has several five-star reviews on Yelp and Avvo, with clients stating their appreciation to Mr. Portner for working tirelessly on their case.  With such severe life-changing penalties possible as a result of a DUI charge, it only makes sense to choose an experienced and knowledgeable DUI attorney to defend you.

For example, Mr. Portner achieved an extremely favorable result for his Chinese-speaking client who was charged with an aggravated DUI when he crashed his car into a guardrail on Route 29 in Howard County, Maryland.  The client’s car was totaled with $28,000 and the client fractured his thumb in the accident.  When police arrived at the scene, the client agreed to perform various field sobriety tests and to a breath test in which he blew a 0.11.  The client was born in China, went to Montgomery College for three years, is a United States citizen, and has had no problems with the law before this incident.  Mr. Portner emphasized the fact that this was the client’s first offense and he had made one terrible mistake.  The Court and the State’s Attorney’s office both agreed with Mr. Portner in that it would be too onerous with the language barrier to sentence the client to supervised probation and that this was the right case for a probation before judgment.  The client was sentenced to unsupervised probation, a rarity in a case akin to this one; however, it was clear that the client had been punished enough by the injuries he sustained and damages to the car.

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/

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/