Maryland House of Delegates Continues Trend of Decriminalization of Marijuana

           On Monday, Maryland’s House of Delegates passed a bill that, if approved by the Senate, would eliminate parole or probation violations for people who “use or possess small amounts of marijuana.”  One year after Maryland’s delegates approved decriminalization of marijuana for possession of 10 grams or less, Maryland’s General Assembly continues the decriminalization trend.

            Proponents of the bill believe that probation and parole rules should “mirror criminal law” and not penalize people for offenses that are no longer criminal.  Furthermore, delegates who voted in favor of the bill argued that this bill would help “keep nonviolent offenders out of the system.”  Many delegates hope to continue passing legislation that eliminates the possibility of parole or probation violations for offenses that have changed from being criminal to civil.  It is counterintuitive to put people in prison for violating parole or probation for a minor drug offense that is no longer criminal.  The language of the bill has since changed from using “drug possession” to “nonjailable civil offenses.”

            Opponents of the bill worry about the link between minor drug possession and the drug culture as a whole, which has a strong connection to violent crime.  Delegates who voted against the bill still believe it is appropriate and necessary to put parole and probation violators back behind bars if found in possession of marijuana.  Some of these delegates also believe that if this bill passes, it will result in more drug dealers on the streets, thereby making communities less safe.

            Pro-drug bills continue to pass in Maryland since marijuana was decriminalized last year.  Last week, a bill passed in Maryland’s House and Senate that decriminalizes possession of marijuana paraphernalia such as bongs and pipes.  Maryland’s House of Delegates also passed a bill to eliminate mandatory minimum sentences for some non-violent, drug-related offenses.

If you or a family member has been charged with a criminal drug act in Maryland 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/

Proposed Drunk Driving Bill in Maryland Would Include Stiffer Penalties

             Legislation has been proposed in the Maryland General Assembly that would toughen restrictions for people convicted of driving under the influence (DUI).  Several committee members (14 of 22) have signed on as co-sponsors of the bill.  If the bill were to pass, it would require all those drivers convicted of a DUI with a blood alcohol level (BAC) of 0.08 or more to use an ignition interlock device in order to start their vehicles.  Current Maryland law only requires drivers convicted of a DUI with a BAC of 0.15 or more to use the breathalyzer device before starting their car.

             Unfortunately, this bill was on the list of legislation to be voted on Tuesday night, but “was removed without explanation.”  In order for the bill to pass, it would need to pass out of committee, which seems less likely at this point.  Mothers Against Drunk Driving (MADD) advocates thought the bill had a strong chance of passing because of the support of so many members as co-sponsors. 

             A drunk driving law with such tough penalties is quite common.  Twenty-one other states include mandatory use of ignition interlock devices for all drivers convicted of a DUI, regardless of the BAC.  Maryland’s Judiciary Committee Chairman Delegate Joseph F. Vallario Jr. believes the state “does not…need to toughen the state’s ignition-lock program.”  Vallario thinks, “We’ve done enough with that…We have one of the best [ignition-lock] programs in the country, and we think it works well.”

              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/

Deadly Head-On Crash Centerville, Maryland

Sunday night, a deadly accident occurred in Centreville, Maryland.  Two people were killed in a head-on collision on Route 50 near Kent Narrows.  Maryland State Police said the two people killed in the crash were both residents of Salisbury, Maryland.  The cause of the crash is believed to be the driver of a Toyota Sienna minivan, who was driving the wrong way on the eastbound lanes of Route 50.  The driver of the Toyota was flown to the University of Maryland Shock Trauma Center, where he was eventually discharged Monday afternoon.  Sadly, one of the passengers in the other vehicle died instantly at the scene and the other was pronounced dead at the hospital.

After conducting preliminary investigations, police investigators believe that alcohol was a factor in the crash, and speed might have been a factor, but was not determined as of yet.  Currently, no charges have been filed against the driver. 

Drivers who witnessed the crash say they saw the minivan fly by “at [a] very high speed.”  They also report seeing the minivan “make a big u-turn into traffic.”  Route 50 had been closed for several hours while investigators scanned the accident scene for evidence.  Maryland State Police are still investigating the crash and are asking anyone who witnessed the crash and has more information to contact police at 410-758-1101.

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/

Uber Could Soon Be Operating in Ocean City, MD

Currently, Uber and Lyft, and other companies like them, are not in Ocean City, Maryland.  Last month, advertisements appeared online seeking Uber drivers in the area.  Ocean City officials say “Uber is welcome, but at this early stage in the game, the consensus seems to be that Uber drivers are going to have to play by the same rules as taxi drivers.”

For obvious reasons, taxi drivers are not happy about the thought of Uber drivers entering the market in Ocean City.  Uber has quickly gained popularity throughout the United States and other parts of the world because of the “on-demand” and ease of payments aspects of the service.

Uber and Lyft representatives are saying neither company has plans to launch in Ocean City.  However, an Uber representative did say the company will place advertisements in a city to test the “viability of a market.”

Aside from the Ocean City market, the state of Maryland as a whole has been in a legal battle with Uber for a few years.  In fact, Uber operated unregulated in Maryland for two years.  Uber has argued it is not a transportation company, but is a technology company offering a “driving service.”  But just a few weeks ago, Uber agreed to a five year deal with the Maryland Public Service Commission.  The agreement included regulation as a motor carrier, drivers with proper commission permits, and providing a list of these drivers to the commission.  Most importantly, UberX, the most popular Uber service, is not part of the agreement, just UberSUV and UberBlack are regulated. 

The Ocean City market, especially during peak season in the summer months, is prime for Uber and Lyft to enter the market.  During the busy months, a large percentage of the visitors are teenagers who are already familiar with these companies and would benefit the most from them in terms of safety.  It would help cut down on drunk driving and resulting deaths because people are more likely to use Uber than a taxi because of the ease of use.

So as Uber’s status in Maryland continues to change, Ocean City officials are in a holding pattern and not planning on making any decisions at this time.  Because peak season is so short in Ocean City and the large number of taxis already in the city, officials are also unsure whether it would even be profitable for Uber drivers.

If you or a family member has been charged with a DUI or DWI in Maryland and would like a free consultation or if you would like more information drunk driving in Maryland 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 St. Patrick's Day

           With St. Patrick’s Day coming up tomorrow, Portner & Shure wanted to remind partygoers who drove to their destination to avoid drinking and driving.  While the holiday this year falls during the week, several students are enjoying Spring Break and are expected to fully enjoy the holiday.  Drivers should be aware that St. Patrick’s Day is a holiday associated with drinking alcohol, and each year several arrests are made for suspicion of drinking and driving.  Last year, around 20,000 people were arrested during the holiday period.  A large number of police officers, more so this year than last, will be out looking for any sign of someone driving under the influence of alcohol and will not hesitate to pull you over.  Several police sobriety checkpoints will be in place throughout Maryland, especially in Baltimore City.  With pub crawls abound and hard to pass up drink specials, people are sure to drink past their limit.  Portner & Shure wants to help you avoid a DUI arrest this St. Patrick’s Day with the following tips:

1.      Most importantly, if you drove to your bar destination or other event place 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 St. Patrick’s Day, pace yourself and know your limit.

3.     Make a plan in advance to assure you have a fun, but safe day.  Whether your plans include taking a cab, Uber, or Lyft to reach your destination or staying with a friend 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 stays safe this St. Patrick’s Day.

             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/