Right to an Interpreter when Stopped by Police for DUI in Maryland

             When you are pulled over by police for any offense, especially serious offenses such as DUI/DWI, you have every right to ask for an interpreter.  When you are pulled over, a normal reaction is to be nervous and afraid, and if English is not your first language, you might be confused by many words that the police officer uses and on the forms that you are asked to sign.  If you request an interpreter and one is not provided, that is grounds to have the charges against you dismissed.  In fact, just this morning I was in court with a Chinese client who did not understand many of the complex legal terms related to a DUI case.  Police never provided an interpreter until reaching the police station, and at that point there were connection issues with the interpreter on the telephone.  The connection was lost and instead of reestablishing the connection, police gave up and continued with charging the client and marking off the breathalyzer form as a refusal.  The client never had the interpreter translate the meaning of the form and the consequences that come with refusing a breath test.  As a result, I was able to successfully argue that those charges should be dismissed.

              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 and schedule an appointment at our office in Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

Maryland’s New Criminal Expungement Laws that are in Effect as of October 1st

            As of October 1^st, there are new laws in place that give Marylanders the ability to expunge certain charges from their record, as well as shielding certain misdemeanor convictions from the public (SB0651).  The biggest downside before this law took effect was that when employers checked a potential employee’s background, they could see all prior charges and convictions against that person, including things that were dismissed or granted probation.  Further, many of these offenses are very minor, but because they show up on a background check, a potential employer is more likely to not hire the person as an employee.  “An expansion of the expungement law in Maryland is certainly a welcomed change,” as Portner & Shure attorney Jonathan Portner states.  Over the last ten years, as expungement laws have slowly expanded, the number of requests for expungements has more than doubled.  For example, the Baltimore Sun article states that “more than 73,000 cases were dropped by the state in Maryland District Courts in 2014,” and for all those people, these charges show up on their records.  As of October 1^st, these people can now submit an expungement request and have these charges removed from their record so that potential employers cannot see them anymore. 

            

            Some other interesting aspects of these new laws passed include expungements for things that are no longer a crime (i.e. possession of a small amount of marijuana) and shielding convictions for certain misdemeanor crimes (i.e. disorderly conduct, prostitution, and trespassing).  An important thing to remember for the shielding of certain misdemeanors is that police officers can still view these charges when running a background check.  Mr. Portner adds, “This is a great law that has been passed because it is not fair for people to be denied jobs because of something on their record that is no longer a crime.”

A general rule to keep in mind regarding expungements is that if charges against you have been stetted, nolle prossed, held to be not guilty, or dismissed, then it is likely that you can have those charges removed from your record.  For many Marylanders who are seeking a job, they are denied many opportunities because charges appear on their record.  Employers do not care whether or not those charges were dismissed or you were found not guilty; all that matters to them is that charges appear under your name and they do not want to hire anybody with a record.  Maryland lawmakers have known that this a problem, and as many states across the country have started moving in the direction of expunging records of charges that have been dismissed, they wanted to follow suit.  In thinking about the future, Mr. Portner said, “I wonder how many people actually know about this new law and how many people will actually go through with requesting an expungement.”

Avoid a DUI Arrest During Baltimore Beer Week 2015

            In just a few hours, Baltimore Beer Week 2015 will kick off events all over the city.  Spanning from October 9^th through the 18^th, there will be hundreds of events from Federal Hill to Canton to Fells Point to Mount Vernon and also into Baltimore, Howard, and Harford Counties.  Events include free beer tastings, discounted beer prices, bar crawls, and beer festivals.

            

           Thousands of people will be attending events over the next several days, with the most popular event being Das Oktoberfest, which is tomorrow in the M & T Bank Stadium parking lot.  Large-scale drinking events like this one often lead to people driving under the influence of alcohol.  Weather this weekend is expected to be perfect, which could also increase the number of people who plan to attend beer events.  There are so many means of transportation to get around nowadays that it is amazing how many people still choose to drive drunk and put their lives and the lives of others at risk.  Police officers are likely to increase DUI patrols this weekend and next week as there are numerous Beer Week events going on.

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 and schedule an appointment at our office in Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Maryland State Trooper Hit by Impaired Driver Near the Bay Bridge

           Last night, several drivers called the police and reported a driver who was weaving across lanes and driving extremely slow.  When police arrived, they found the driver exhibiting behavior of someone under the influence of alcohol or another controlled dangerous substance.  State police tried to get the driver, a 23 year old resident of Baltimore County, to stop his vehicle, but it was to no avail.  The police officer first tried driving next to the impaired driver’s car to tell him to pull over immediately.  When that failed to work, the officer tried driving in front of the car to get him to stop that way.  As the officer made his maneuver, the impaired driver crashed into the side of the state trooper vehicle and flipped his own vehicle on its side.  This finally brought the impaired driver to rest so that police could arrest him.

           

           In addition to the impaired driver, there was another passenger in the car who was also impaired.  No major injuries were reported in the crash, and luckily, no innocent bystanders were injured either.  Police have charged the driver with driving under the influence, assault, and reckless endangerment.  It is unknown at this time whether the driver was under the influence of alcohol or some other substance.

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 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 to schedule an appointment at our office in Annapolis or one of our many other offices located throughout Maryland or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/