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.

Are DUI Checkpoints Legal in Maryland?

There are many myths and confusions over DUI checkpoints, also known as "roadblocks."

Let's clear a few things up.

1. In Maryland, like most states, DUI checkpoints are allowed. They are LEGAL.

Many are confused because the Constitution requires that polices officers have "probable cause" for pulling someone over. However, the Supreme Court ruled that the dangers of drunk driving outweigh the "intrusion" of these checkpoints.

2. Maryland does have requirements for LEGAL roadblocks.

The roadblocks must be (1) systematic, non-discriminatory, non-arbitrary

(2) Intended to ensure public safety

(3) Publicized ahead of time to lower fear of driver

(4) Drivers MUST be given an alternative route to turn around if they do not wish to be stopped

(5) The road block must be approved/ monitored by high ranking police officials

If you are stopped at a DUI road block in Maryland and it does not make these legal requirements, the evidence obtained from this stop may be thrown out.

You need an experienced Maryland DUI lawyer to defend and protect you. Contact Portner & Shure, P.A. today at (410) 995-1515 for a free case evaluation.

Maryland DUI Attorney: Driving Within 12 Hours of a DUI Arrest is Against the Law

               In Maryland, there is a law related to DUI/DWI arrests that is often forgotten.  In many cases, people had no idea that a law existed that forbid them from driving within 12 hours of a DUI/DWI arrest.  In a majority of drunk driving cases, the arrests are made late at night or early in the morning.  After the DUI/DWI arrest, many people want to figure out how to protect themselves from facing serious consequences associated with drunk driving.  Driving to the police station to find out more information about their case, driving to the courthouse, or driving to an attorneys office are all places that many people will think to go after being arrested for DUI/DWI.  That is a mistake.

              Yes, it is important to take action quickly after a DUI/DWI arrest.  However, you will risk getting another DUI/DWI-related arrest by driving within 12 hours of your arrest.  This law is in place for safety reasons because if you are arrested for a DUI with a BAC of 0.14 early in the morning, then you go home and go to sleep, and then wake up and try to find an attorney for your case, it is likely that there is still alcohol in your system.  Have somebody else drive you around, or wait until later in the day when the alcohol has been completely absorbed.

              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 Laurel or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

Maryland Criminal Defense Lawyer: Should I Pay My Traffic Tickets or Ask for a Trial?

·         It’s very common in any type of traffic case to have multiple tickets.

o   Some of these tickets may be “must appear” tickets.

§  These are the more serious offenses, such as hit and run, driving on a suspended license, or DUI, which carry not only a fine, but the possibility of jail time.

§  Obviously, these are not tickets that you can just mail in a payment.  You must appear and the judge will decide how much the fine will be.

o   The rest of the tickets will be “payable” tickets.

§  These are your speeding tickets, failure to obey a traffic signal, failure to display license, improper lane change, negligent driving, etc.

·         When you’re faced with either a slew of payables or both payables and “must appear” tickets, you have a decision to make.

o   Should I just go ahead and pay the tickets or should I ask for a trial?

o   Keep in mind that every case is unique and an attorney can be extremely useful in helping you make these decisions, but here are some things to consider.

  

·         First, if your underlying “must appear” offense is a DUI, it is probably best to wait before paying the payable fines until your trial date.

o   Often, the prosecutor will agree to drop these payable charges in exchange for a guilty plea to the DUI offense.

§  If you’ve already paid the payables, you cannot bargain for them to be dropped later.  You also will have taken all the points associated with the tickets if you choose to pay the fines before trial.

·         If your “must appear” offense is something less serious than DUI, for example, driving without a license, you may be able to use the payables as a bargaining chip in a different way.

o   Sometimes, the prosecutor will agree to drop the driving without a license charge if you agree to go pay the payables at that time.  (and if you have fixed your license)

·         If all of your tickets are “payables” you can still request a trial and attempt to negotiate how many of them the prosecutor will go forward on.  If the officer in your case does not show up at your trial date, the whole case could be dropped.

·         You also have the option of asking the judge to reduce the fines you would have to pay, or to reduce the number of points assessed.  If you have already sent in your payment, you’ve just accepted the worst case scenario as far as fines and points assessed against you.

      If you or a family member has been charged with a traffic or alcohol-related offense in Maryland and would like a free legal consultation or if you would like more information on these types of offenses please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Columbia or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/ 

Rockville DUI Lawyer, Police Officer Killed by Drunk Driver

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A Montgomery County Police Officer was killed earlier this month when he was struck by a drunk driver.  Officer Noah Leotta, 24, was struck while performing a traffic stop during holiday alcohol task force enforcement.  Montgomery County Police Chief, Thomas Manger, delivered a powerful speech after Officer Leotta’s death, stating that the residents of Montgomery County had “lost a great cop,” who was “dedicated to public service.” 

This tragedy has sparked a renewed conversation about Maryland’s current laws and penalties for driving under the influence, especially for repeat offenders.  Manger stated that the drunk driver involved in this case had been arrested twice before for drunk driving and had also been previously convicted for drug possession.  Manger decried Maryland’s DUI laws, stating that, “the state of Maryland has some of the weakest penalties for drunk drivers.”  Manger further stated that there would be little chance of justice for victims of drunk drivers “until the state of Maryland starts taking these crimes seriously.”

In Maryland, the crime of driving under the influence of alcohol carries a maximum penalty of 1 year in jail and a $1,000 fine.  First time offenders are eligible for probation before judgment, which is not a conviction, and carries no points for drivers’ license purposes.  Maryland law does not provide for any mandatory jail time for first offenders or for subsequent offenders.  Repeat DUI offenders face the same maximum penalties as a first time offender and it is completely within the judge’s discretion to impose jail time, or not.

By contrast, Virginia has enacted especially harsh penalties for individuals convicted of driving under the influence.   If a defendant’s blood alcohol content is .15 or above, Virginia law imposes a mandatory minimum of five days in jail.  A second offense carries a 20 day mandatory minimum in Virginia.  A third offense carries 90 days.  Virginia civil law also provides enhanced protections for injured victims of drunk drivers in the form of eligibility for punitive damages in personal injury cases where the defendant’s BAC was above .15.  Maryland law carries no such protection.

If you, a family member or someone you know has been convicted of DUI or DWI or if you would like more information on drunk driving, please do not hesitate to call us at 410-995-1515 for a free consultation.

Rockville DUI Attorney: Drunk Driver Hits Police Officer

          
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Last Thursday night, 24 year old Officer Noah Leotta of the Montgomery County Police Department was in the midst of a traffic stop on Rockville Pike near Edmonston Drive as part of a Holiday Alcohol Task Force.  All of a sudden, Officer Leotta was struck and severely injured by a drunk driver who hit the police vehicle and then hit the officer with extreme force.  The drunk driver who hit Officer Leotta remained at the scene after the horrific accident.  He has been charged with DUI among other more serious charges as well.  Officer Leotta was a University of Maryland Graduate and has been a police officer for less than 5 years.  He usually is assigned to patrol the Wheaton area of Montgomery County, however, with the holiday season in full swing, he was reassigned to the alcohol task force.  Montgomery County Police Captain has said that Officer Leotta’s passion was “policing,” and specifically, “enforcing driving under the influence laws.”

            

The dangers of drinking and driving cannot be stated enough.  There are so many drunk driving occurrences on the roads, and those numbers increase during the holiday season with holiday parties and other events going on.  Police across the state always step up their DUI patrols in December up through New Year’s, which accounts for the most drunk driving related citations and arrests.

            

Drivers should always be cautious when driving by police officers conducting traffic stops on the sides of roads.  Police are urging drivers to give extra space to police who are conducting traffic stops and asking drivers to move over one lane to avoid any kind of accident involving a police officer being hit on the shoulder. 

Remember that if you are attending a holiday party this month, there are numerous options for people to get transportation without driving drunk.  However, if you make the irresponsible decision to drink and drive and you are pulled over and 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 Rockville or throughout our many Maryland offices.

Davidsonville, Maryland DUI/DWI Attorney

Two Die in Alcohol-Related Crash in Davidsonville, Maryland

Two people died in a head-on collision Monday night and police believe alcohol was a factor.  One victim, at 22 years old, was driving an Audi TT, and the other victim, a 60 year old woman, was driving a Toyota Yaris.  The driver of the Audi is believed to have crossed the center line and crashed right into the driver of the Toyota head on.  The accident occurred in Davidsonville, Anne Arundel County, Maryland on Central Avenue.  Police are still investigating the scene to determine the exact cause of the crash.  http://www.wbaltv.com/news/headon-crash-kills-one-seriously-injures-another/30247682?linkId=11184560

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.  Portner & Shure has a satellite office in Annapolis and Glen Burnie to serve our DUI/DWI clients.

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/

 

Multilingual DUI/DWI Attorney in Prince George's County, Maryland

DUI/DWI and Immigration Implications in Prince George’s County, Maryland

            The immigration process in the United States is a very involved and lengthy process.  Individuals who are awaiting citizenship or are in this country using a temporary visa will face serious consequences if convicted of a DUI or DWI.  It is already tough enough to obtain citizenship in the United States as an immigrant, so you do not want to give the U.S. government any reason to deny you.  A drunk driving conviction (DUI or DWI) can negatively affect whether the government grants you citizenship or denies it.  It is important that you hire an experienced DUI/DWI attorney who can work with the prosecutor to avoid having a criminal conviction on you record.  For those individuals who do not speak English, it is imperative that you seek a law firm with several multilingual (Spanish, Chinese, Korean) paralegals to assist you.  Also, remember that if you only speak a language other than English, the officer who pulls you over for a possible DUI/DWI must obtain an interpreter to go over your rights and advise you about what is happening during the field sobriety tests, as well as the breathalyzer test.

            A drunk driving conviction does not only affect an individual’s ability to gain citizenship in the United States, but it also can lead to being deported if you are here on a temporary visa or are here illegally.  United States immigration laws allow the government to remove or deport any individuals with a temporary visa or no documentation at all who commit criminal offenses.  Drunk driving offenses, such as DUI and DWI in Maryland, are serious criminal charges especially if someone is killed as a result of the offense.  Again, it is important to hire an experienced DUI/DWI attorney in Maryland if you are in the United States on a temporary visa and are charged with a DUI or DWI in order to avoid deportation or removal.  An experienced attorney can work with the prosecutor to try and avoid a conviction to prevent being deported.

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 Prince George’s County, 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/