Woman Dies in Maryland Crash with Pick-Up Truck

          Last night, a deadly accident occurred in Frederick County, Maryland.  A Dodge Ram pick-up truck crossed over the yellow lines into oncoming traffic, crashing head-on into a Toyota Corolla.  The driver of the truck, Paul Smith, 25, was heading westbound on Route 40A near Ridge Road.  The driver of the Toyota, Terry Wolfe, along with a passenger, Deborah Bell, was heading eastbound on the same road when the truck drove straight into them.  Rescue officials had to cut the roof off of the Toyota in order to extract the two occupants.  Wolfe survived the crash, suffering non-life threatening injuries.  However, his passenger was not so lucky.  Deborah Bell later died at the hospital from her injuries.  Smith, driver of the truck, refused medical treatment and did not go to the hospital.

            Investigation of the accident shows that alcohol was a contributing factor in causing the accident.  Currently, no charges have been filed against the driver, but they are pending as the investigation continues.

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.  

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/

Proposed Bill Would Expunge Marijuana Offenses in Maryland

           Senator Brian Feldman of Montgomery County introduced a bill to remove convictions for marijuana use or possession of less than 10 grams from criminal records.  On October 1, 2014, marijuana was decriminalized if using or possessing less than 10 grams.  This bill is aimed at removing these types of convictions that occurred before the change in the law.  Feldman believes, “We shouldn’t have folks, particularly younger folks, prejudiced”  Feldman continued, “[I]t just seems incongruent to have on the books prospectively that this is no longer a crime and yet have thousands of young Marylanders hampered with this criminal record.”

            One problem with this bill if it were to pass is that prior to this law change, police officers did not record the amount of marijuana found on the person when arrested.  Therefore, it would be difficult to determine who would actually be affected by this bill’s passing.  Another potential problem would be that necessary background information for firearms checks and employment would disappear.  But, the main objective of this bill is to allow people who were convicted of what was once a crime, but is no longer a crime, to find employment, education, scholarships, and housing.

            Police officers, on the other hand, oppose the bill because they believe it will make their jobs less safe since less information will be available.  Feldman said he would be willing to amend the bill to shield these convictions prior to October 1 instead of completely expunging them.  With this amendment, law enforcement officers would still have access to the records, but employers would not.

            If the bill were to pass in its original form, individuals who want their records expunged of these low-level marijuana-related convictions would have to pay a fee to the state.

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

Bishop Cook Indicted this Week on 13 Charges

          Episcopal Bishop Heather Cook was indicted on thirteen charges stemming from the death of bicyclist Thomas Palermo.  Some of these charges include automobile manslaughter, driving under the influence of alcohol, leaving the scene of an accident, and texting while driving during an accident that results in death or serious bodily injury.  It is alleged that Cook hit Palermo with her car as she was texting and driving drunk, and then fled the scene, only to return a short time later.  According to police, Cook’s blood alcohol concentration was 0.22 when it was tested at the police station after the accident.

Since Cook’s original arrest for this accident, information has come out that shows previous driving under the influence of alcohol charges.  In 2010, Cook was convicted of a DUI in Caroline County, but only received one year of supervised probation.  If convicted in this case, Cook could face over 20 years in prison.  The Episcopal Diocese of Maryland is now calling for her resignation.  Next, Cook will face arraignment in circuit court on March 5^th.  Cook has been free on a $2.5 million bail, and her attorney reports that his client remains at an in-patient treatment facility.

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 Ignition Interlock Device 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.  In Bishop Cook’s case, the judge will consider her 2010 DUI conviction when sentencing her for killing Thomas Palermo.

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/  

Maryland Man Hit by Drunk Driver While Walking

           On Saturday night, Caylen Hayes, a 21 year-old Maryland man, was walking with two other people along Route 301 near Frank Tippet Road in Upper Marlboro, Maryland when they were struck by a vehicle.  Hayes’ arm was severely injured and eventually amputated.  The other two people were not hurt.

            The driver of the car continued driving after striking Hayes.  Luckily, witnesses were able to take down the car’s license plate number to give to police.  As a result, police officers went to the car owner’s house and questioned him about the accident.  The car owner, who was also the driver, “had a strong odor of alcohol on his breath and his eyes were bloodshot.”  Police arrested the driver for driving under the influence of alcohol (DUI).

            Maryland is one of many states that have a “two-tiered” drinking and driving statute.  Driving under the influence of alcohol (DUI) is the more serious offense.  If the defendant submits to a police-administered blood or breathalyzer alcohol test and the reading is 0.08 or higher there is a permissive inference that the driver was under the influence of alcohol.  A DUI is a misdemeanor with a maximum penalty of one year in jail and/or a $1,000 fine.  Motor Vehicle Administration penalties can include the imposition of twelve points and it is possible that your driver’s license can be revoked.

Furthermore, a “moderate odor” of alcohol is now enough to give an officer “reasonable grounds” under the statute to suspect that a person is driving impaired.  An experienced and knowledgeable attorney is necessary to help defend someone who has been arrested as a result of an officer detecting a “moderate odor” of alcohol.

          If you have been arrested for a DUI/DWI it is important that you consult a 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.  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/