Maryland DUI Attorney: DUI Arrests for 2015 Show Dramatic Increase Compared to 2014

             Maryland’s DUI laws have been a hotly contested topic recently, especially after high-profile DUI-related deaths.  Many believe that Maryland’s drunk driving laws are not strict enough.  There are 25 states that require an interlock device to be installed for all DUI offenders; Maryland is not one of these states.  In 2014, there were 450 DUI arrests, and in 2015, that number jumped to over 550.  With hopes that 2016 will not continue the trend, we are not off to a good start so far, with close to 100 arrests. 

The reason so many officials are hoping lawmakers will change Maryland’s DUI laws to require an interlock device for every DUI offender is because statistics show fatalities are cut almost in half.  According to MADD officials, the interlock device reduces fatalities up to 46.7%.

If the number of DUI arrests and fatalities continue at the pace they are already at so far this year, lawmakers will have no choice but to change the law.  All indications show that this will likely happen, but it impossible to predict when lawmakers will finally make the change. 

Even as the law stands right now, DUI and DWI charges are still very serious and carry serious consequences.  It is very important to hire an experienced DUI attorney to help you defend against these charges.

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

Maryland DUI Attorneys: Proposed Noah's Law to Require Ignition Interlock in All DUI Cases

          Last month, Officer Noah Leotta of the Montgomery County Police was on patrol when he was tragically killed by a drunk driver who had several prior DUI convictions.  We blogged about the public outrage that followed regarding Maryland’s weak DUI laws.  Maryland lawmakers, Delegate Ben Kramer and Senator Jamie Raskin, have responded to the public’s concerns with a draft of a new bill called “Noah’s Law,” which would strengthen Maryland’s penalties for DUI.  If passed, the law will require all convicted drunk drivers to have an ignition interlock system installed on their vehicles, even first time offenders.

            

          As Maryland law currently stands, ignition interlock systems are required for drunk drivers who either refuse to take the breathalyzer test or take the test with a result of 0.15 or more.  Offenders with a blood alcohol content between .08 and .14 are eligible for a restricted license to go to school and work, however, they are not required to install an interlock device.  The new law would apply to all offenders with a blood alcohol content of .08 or higher.

            

         The proponents of the law argue that Officer Leotta’s death could have been prevented by a stricter ignition interlock law, given that the driver who struck him had numerous prior DUI offenses.  The federal Center for Disease Control (CDC) has also advocated for stronger ignition interlock laws, stating that repeat DUI offenses are reduced by 70% when interlocks are in use. 

             

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

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.

Starting October 1st, Stiffer Penalties in MD for Drunk Drivers Involved in Fatal Accidents

             The new law, which was signed by Governor Hogan last spring, will take effect starting tomorrow, October 1^st.    There are stark differences in penalties depending on if you are a first-time DUI offender or someone with a previous DUI offense.  For a first offender that blows between a 0.08 and 0.14 for their Breathalyzer test and involved in a fatal accident, at a minimum, your driver’s license will be taken away for 6 months.  When the BAC is 0.15 or higher, the driver’s license is automatically suspended for one year.  Most importantly, someone with prior drunk-driving related offenses who is caught by police for a DUI/DWI, and as a result is involved in a fatal accident, will lose their driver’s license forever.

            

            This new law was passed unanimously by Maryland’s General Assembly, which clearly shows how important it is to lawmakers to decrease the number of drunk drivers on Maryland’s roadways.  There are far too many drunk drivers on the roads who also contribute to fatal accidents involving innocent people.  Further, there are also far too many repeat DUI offenders who get back on the roads and drink and drive again.  Maryland’s lawmakers clearly believed that current penalties in place were not strict enough.  As a result, anyone with a previous drunk driving offense should never drive drunk again because they are putting their ability to drive ever again at risk.

           

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

Maryland Drunk Driver Hits Police Car Injuring Officer

            Monday night, a police officer was parked on the side of the road after pulling over another vehicle.  While the officer was sitting in his police vehicle, a Toyota 4 Runner came crashing into the back of the police car on Matchbox Alley, which then hit the car in front of it.  Initial investigations revealed that the driver of the 4 Runner was driving under the influence of alcohol.  The police officer and the drunk driver were both transported to the hospital with minor injuries.  Charges are now pending against the drunk driver as police finish conducting their investigation of the accident.

            

           Every day Marylanders are driving drunk on roadways and highways statewide.  In fact, a recent study showed that every 30 minutes, a drunk driver is being arrested in the Washington, D.C. metropolitan area, which includes Maryland.  There are far too many people on the roads driving drunk for police officers to be able to arrest every single one of them.  Drivers must make smart decisions when they are drinking, but those two things do not work well together.  All it takes is one DUI arrest to potentially cause you to face significant consequences and penalties.  Just make the smart decision if you are drinking and need a ride home to call an Uber, Lyft, or a taxi.  The risks of choosing to drive drunk far outweigh the benefits.  A drunk driver not only puts their own life in danger, but more importantly, he or she puts the lives of innocent people in danger too.

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 Columbia 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/

Head-On Crash Kills 1, Injures 5, Alcohol Believed to be a Factor

           Last night, an SUV with three occupants was driving on Darnestown Road near Germantown, and a car was also driving on the same road, but on the other side of the center line.  The SUV crossed the center line as it approached a curve in the road and it struck the front of the car.  The entire front end of the car was heavily damaged with all of the airbags deployed.  The SUV then left the road and crashed into a tree.  Two occupants from the SUV were thrown from the vehicle, and one of these passengers later died at the hospital.  The driver of the SUV was not thrown from the vehicle and suffered serious, but non-life-threatening injuries.  The three occupants in the car suffered non-life-threatening injuries.  Montgomery County Police believe that alcohol was a factor in the crash, but are still investigating other possible causes.

If police do determine that alcohol was the cause for this fatal head-on collision, it would make this crash even more tragic.  Fatal car accidents that are attributed to drunk drivers happen far too often in Maryland.  The state’s Department of Transportation has a goal of zero deaths on Maryland’s roadways, and they continue to work tirelessly to improve the roads and make them safer for drivers.  Drunk driving related deaths are the worst kind of accident-related death because someone makes an irresponsible decision to drive drunk and then an innocent life is taken away because of that.   Losing a loved one in a fatal car accident is devastating for any family, especially when it could have been prevented.  No amount of money will ever replace losing that person.  In a wrongful death case, the law allows for surviving estates to collect a financial recovery when a negligent party is held liable for the cause of the death.  Compensation for damages can include: loss of services, loss of future income, mental anguish, medical expenses, funeral expenses, and punitive damages.

            

           If you or a family member has been injured or killed in an accident caused by the fault or negligence of a drunk driver and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Rockville or throughout Maryland or visit us online at http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml

Almost 80 Drunk Drivers Arrested Over the Weekend in Maryland

         Over the weekend, Maryland State Police arrested 77 drivers suspected of drunk driving.  Police had not increased drunk driving patrols like they sometimes do on weekends, so it is likely that several other drivers were driving under the influence and did not get caught.  The summer-like weather could be to blame for the increase in drunk drivers on Maryland roadways.  When the weather is warm, more people tend to go out and drink and then decide they are ok to drive home.  Three of the seventy-seven arrested were involved in separate accidents with state vehicles.

            Just outside Washington, D.C., a driver under the influence of a controlled substance crashed on the side of the beltway near the Wisconsin Avenue exit.  Also in that area, another drunk driver caused a crash wither several vehicles on I-270 and fled the scene.

            In Washington County, a man under the influence of alcohol crashed his ATV into a police car parked in a driveway.

            In Montgomery County, a Maryland State Trooper pulled over a driver under the influence of alcohol with the assistance of another trooper.  During that arrest, another drunk driver crashed his vehicle into the trooper’s car.  Luckily, no major injuries were reported.

            Finally, another drunk driver went off the road and hit a State Highway Administration truck with all of its emergency lights on.  This accident caused a fire and the SHA worker was struck in the collision.  Luckily, his injuries were not serious and medical treatment was refused.

            Portner & Shure wants to remind drivers again to not drink and drive.  No reason to put your own life and the lives of others at risk of serious injury or death.  With warmer weather here to stay, drivers need to remember to make smart decisions and call a taxi, Uber, or Lyft if you have been drinking.

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