Caught Driving Without a License? How to Get a Maryland License Without Immigration Papers

Charges for driving without a license are one of the most common issues new immigrants to the United States face. Many recent arrivals don't realize that a license from their home country does not operate as a valid driver's license in the United States. At Portner & Shure, we help our clients fight these charges. If you've been charged with driving without a license in Maryland, the best thing you can do in your defense is to get a valid license. Since 2013, Maryland law has provided a pathway for individuals without proof of legal residency in the United States to obtain a driver's license. Here's how:

1. File and pay Maryland income taxes for two full years before applying. Then obtain a certification letter from the Comptroller  of Maryland to prove it. If you've already paid two years of taxes, you can request the letter here: http://taxes.marylandtaxes.com/Individual_Taxes/Individual_Tax_Types/Income_Tax/Obtain_MVA_Tax_Certifications/ 
2. Make sure your passport is current and valid. If you do not have a valid passport, other official ID may be sufficient, however, an unexpired passport is your safest option.
3. Obtain two separate forms of proof of residency in Maryland. These documents can be in the form of a residential lease, a phone or utility bill, or a bank statement.
4. Study the Maryland Drivers Manual, which you can find here in English: http://www.mva.maryland.gov/drivers/maryland-drivers-manual.htm and in Spanish: http://www.mva.maryland.gov/drivers/rookie-driver/tutorial/tutorial-intro.html 
5. Schedule your written test and driving exam with the MVA

Don't get caught driving without a valid driver's license in Maryland and make sure you follow those steps above to get a Maryland driver's license. If you've been charged with driving without a license in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515. 

What are the Penalties for Theft Offenses in Maryland?

Theft penalties are broken down based on the value of the goods stolen. The higher the value, the more severe the penalty.

A person convicted of theft of property or services with a value of:

(1)   Less than $100 will be found guilty of a misdemeanor and can face up to 90 days imprisonment or up to a $500 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

(2)   Less than $1,000 will be found guilty of misdemeanor and can face up to 18 months imprisonment or up to a $500 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

(3)   At least $1,000 but less than $10,000 will be found guilty of a felony and can face up to 10 years imprisonment or up to a $10,000 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

(4)   At least $10,000 but less than $100,000 will be found guilty of a felony and can face up to 15 years imprisonment or up to a $15,000 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

(5)   $100,000 or more will be found guilty of a felony and can face up to 25 years imprisonment or up to a $25,000 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

       If you have been charged with a theft offense in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Drunk Driving Crashes have Dropped Across Maryland

A new study was recently released by the University of Maryland, which shows that alcohol-related crashes involving injury or death have decreased by 6% each year since 2011. What's the cause of this consistent drop?

The study linked this drop in alcohol-related crashes to Maryland's increase in the alcohol sales tax, which rose in 2011. The decline in the number of crashes was even higher for younger drivers--12% decline each year. Researches knew that the number of crashes involving fatalities and injuries that were linked to alcohol would decrease over time with improved safety measures in vehicles. However, researchers did not expect such a significant decrease as was observed.

Legislators passed the increase in taxes as a way to curb underage drinking and drunk driving. Even with this study's results, legislators do not say they will seek another increase in taxes anytime soon.

Maryland lawmakers continue to propose new laws in order to cut down on the number of drunk drivers on the roadways, including just recently, the ignition interlock requirement and more severe penalties for those caught drinking and driving. Drunk driving continues to be a major problem, and will certainly remain a high priority for lawmakers and police across the state.

If you've been charged with DUI in Maryland, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Do You Have to Get a New Driver’s License if you Move to a New State?

People often forget that when you move to a new state, you MUST update your driver's license to the new state, or else your other license will be suspended. In Maryland, you have 60 days for a noncommercial driver's license to update to a Maryland license and 30 days for a commercial license. If caught with an out-of-state license past that time period, you will face a suspension on your license.

Sometimes people with out-of-state license with a suspension on their record will move to a new state in an attempt to get a new license without a suspension. When updating to a Maryland license, MVA will not give you a Maryland license until the suspension on your out-of-state license is resolved. In addition, when updating to a Maryland license, MVA forces you to surrender your out-of-state license.

A new change in Maryland regarding licenses is that you will no longer obtain your physical license at MVA. Instead, your new Maryland license will be mailed to you. The new Maryland driver's license is considered the most secure license in the country, and for that reason, MVA will no longer hand out licenses at any location.

If you've been charged with a traffic offense in Maryland related to a driver's license issue, call Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Immigrants Beware in Harford County— Immigration Status of Everyone in Custody Will be Checked

  ·         Harford County has partnered with ICE for their controversial program that allows local law               enforcement to check the immigration status of everyone it takes into custody

  ·         If you are here illegally and are arrested for a crime or serious traffic offense in Harford County,         police officers will run your name through the ICE system

  ·         Previously, only immigrants who are convicted of a crime or serious traffic offense risked having       their name sent to ICE

  ·         Now, there is a much greater risk in Harford County

  ·         If you’ve been charged with a crime, call us today for a free consultation (301) 854-9000

DUI in Maryland – How Your BAC Will Affect Your Case

In any DUI case, your BAC is the biggest determining factor in the severity of consequences you will face. The only way for the police to obtain your BAC is to submit to a breathalyzer or blood test. If you refuse, the consequences are even more severe because the police have no way of knowing how drunk you actually were, and the assumption is made that you were well over the legal limit.

You can be charged with a drinking and driving offense in Maryland with a blood alcohol content as low as 0.04, however, if your BAC reading is 0.04 or 0.05, will be entitled to a presumption under the law that your driving abilities were not impaired. At a 0.06 or 0.07 there is no presumption and you can be convicted of DWI if the State can prove through your driving behavior or field sobriety tests that you were impaired. At a 0.08 or above, you are automatically considered intoxicated. 

If you refuse the breath test or provide an insufficient sample, you can still be convicted of dui based on your driving behavior and field sobriety tests.  If you knowingly refused the test, this can also be used against you in court as proof that you refused the test because you knew you were intoxicated. 

If you’ve been charged with DUI, there may be defenses to your case regardless of your BAC. Contact Portner & Shure’s criminal defense attorneys today for a free consultation.

Litigation News September 2016

This month, our attorneys achieved an outstanding result in a DUI trial in Montgomery County. Our client was charged with DUI(a)(1) and DUI(b)(1), failure to stop at a stop sign and failure to obey a properly placed traffic control device.  The State's initial officer was to plead to a DWI and failure to stop at a stop sign, and there was no opposition to a PBJ.  The Prosecutor insisted that our client should get a point on his license for the stop sign.  The State's best evidence against our client was his admission that he had alcohol prior to driving, which was made through a Korean officer interpreting to the arresting officer.  The State did not produce the Korean officer for trial, which our attorney, Ms. Ruhl, insisted on before agreeing to a plea.  The State was forced to nol pros the drinking charges and our client walked away with a simple stop sign violation.  Our client will have the DUI charges expunged from his record.   

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/

Maryland Bishop Faces Manslaughter and DUI Charges for Deadly Hit-and-Run

         Bishop Suffragen Heather cook, the second-highest leader of the Episcopal Diocese of Maryland, now faces vehicular manslaughter, DUI, and other charges.  Just a few weeks ago, Bishop Cook was driving a car that killed a bicyclist in Baltimore and she fled the scene, only to return a short time after.  It was later reported that Bishop Cook had been charged with DUI in the past, and when police officers tested her blood alcohol concentration (BAC) after the wreck, it was 0.22, which is almost triple Maryland’s legal limit of 0.08.  Her previous DUI arrest included a BAC of 0.27 and an officer found two small bags of marijuana, paraphernalia, a bottle of wine, and a bottle of liquor in her car.  Cook pleaded guilty to drunken driving then, and the drug possession charges were dropped.  Unfortunately, in this recent accident, a 41 year old was killed.

            As a reminder to all Maryland drivers, consequences of multiple DUIs become harsher with each subsequent conviction.  First time offenders who are convicted of DUI in Maryland will be subject to a driver’s license suspension, monetary fines, and/or jail time.  Specifically, the MVA will revoke your license for six (6) months and you will incur twelve (12) points on your driver’s license.  In addition, a first DUI offense carries a maximum penalty of one year in jail and/or a $1,000 fine.  Finally, an Ignition Interlock Device (IID), which is a breathalyzer device connected to the car that does not allow the car to start if the driver’s blood alcohol concentration (BAC) is over the programmed limit, is not required for your first offense.  If you refuse to submit to an alcohol-related test, or submit to a test and the result indicates an alcohol concentration of 0.08 or more at the time of testing, your driver’s license will be confiscated, you will be issued an Order of Suspension, and if eligible, a temporary license valid for 45 days.

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 IID 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.

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/  

A/B DUI Citation Rules in Maryland

          The A/B citations are statutory rules that apply to DUIs and DWIs in Maryland.  Oftentimes if you are pulled over by a police officer for suspicion of drinking and driving, the officer will charge you with both an A and B citation. 

A DUI citation, or the “A” citation, is driving under the influence of alcohol.  The Maryland law (MD Code, Transportation, § 21-902(a)) states that, “(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol; (2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se (blood alcohol concentration is 0.08 or above); (3) A person may not violate (1) and (2) while transporting a minor.”

            A DWI citation, or the “B” citation, is driving while impaired by alcohol.  The Maryland law (MD Code, Transportation, § 21-902(b)) states that, “(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol (blood alcohol concentration is 0.07 or more); (2) A person may not violate (1) while transporting a minor.”

            If the driver’s blood alcohol concentration is 0.06, there are no presumptions and the state can try and prove guilt with other evidence.  However, if the driver’s blood alcohol concentration is 0.05 or less, it is presumed that you were not driving while impaired by alcohol.  Nevertheless, the state can still try and prove either the “A” and/or the “B” offenses if you performed poorly on any of the field sobriety tests.

            It is imperative that you hire an experienced Maryland DUI/DWI attorney if you have been charged with a DUI or DWI because the penalties can be severe.  A skilled DUI/DWI attorney can work hard to limit these consequences and achieve a favorable outcome.  The attorneys at Portner & Shure can and have worked with the State to plead down to a lesser charge (i.e. from “A” to “B”). 

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/

Here is a link to the Maryland law: http://law.justia.com/codes/maryland/2013/article-gtr/section-21-902/