What to do if you are Charged with DUI while on Vacation in Ocean City

Every year, thousands of Marylanders and people from other states head to Ocean City for a beach vacation. And inevitably, some of these visitors make the decision to drive drunk and they are subsequently arrested for a DUI. The summer months in Ocean City are the busiest times at the beach and that means the police presence is at its peak. Ocean City Police officers monitor Coastal Highway at all hours of the day looking for drunk drivers.

If you are caught by police driving drunk in Ocean City, you should take it very seriously because there are strict penalties that you will face. Being charged with a serious crime like DUI in a location far from your home is very inconvenient and can cause a lot more problems than just a headache. Depending on the facts of your specific case, you could be facing jail time. Judges in Ocean City courts see vacationers come before them in the court room frequently and they usually do not look favorably on an out-of-towner committed a serious offense.

If you've been charged with a DUI in Ocean City while on vacation, call the TOP 10 DUI lawyers at Portner & Shure. We are a local law firm that not only has an office in Ocean City to meet with clients, but we have offices throughout Maryland. You should have an aggressive defense attorney fighting for you in court in order to limit the most severe consequences.

Call Portner & Shure today for a free DUI consultation.

Speed Cameras and Red Light Cameras are Returning in Baltimore

Beware, red light cameras and speed cameras will soon be functioning again in Baltimore City. It has been about 4 years since these cameras were in use due to numerous improperly issued tickets to drivers. While many of these camera devices have remained in place during this period of inactivity, it will be easy for officials to make them active again. Officials assure drivers that the revival of the camera system will not result in false readings and improperly issued tickets as they did previously. Additional new cameras will also be installed throughout the city.

Mayor Pugh made the decision to reinstate use of the cameras as a means to collect $5 million in revenue for the City budget. The Mayor also cites driver safety as another reason for bringing the cameras back.

The new camera program is expected to launch in late April or early May. Drivers that receive citations during the first 30 days of the cameras being used will only receive a warning. After the 30 day period, tickets will be issued to drivers that go through red lights or speed. Anyone who does receive a ticket from one of these cameras does not have to worry about receiving points on their license because it is only considered a civil citation.

Many drivers in Baltimore City are probably used to never having to worry about being caught by red light cameras or speed cameras. But, this is going to change very soon and drivers should be aware.

If you're charged with a serious traffic offense in Baltimore, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

What Happens if I get Probation Before Judgment (PBJ) and I Violate it?

If you've been charged with a criminal or traffic offense in Maryland and you have gone to court for those charges, then you probably have heard of probation before judgment or PBJ. Anyone charged with a criminal or traffic offense have the option to plead guilty in exchange for receiving a PBJ (some offenses are exempt from having option for a PBJ). Whether it is a speeding ticket or a DUI, a PBJ means that you cannot get into trouble with the law at all during your probationary period, which usually is for one year. That means that if you receive another speeding ticket or are charged with a DUI during your probationary period, you have violated your probation.

A violation of a PBJ probationary period works the same way as a violation of any other probation associated with serious criminal charges. A PBJ violator may face harsher penalties for their crime or violation, and that may include jail time.

Having the option for a PBJ should be seen as a privilege and should not be taken for granted by those who receive one. A PBJ essentially "erases" any terrible mistake that you have done and helps you avoid any conviction. However, if you get into more trouble, the PBJ will be taken away. Additionally, you do not get an unlimited number of opportunities to receive a PBJ from a Judge. It is only meant to help someone who has made one single mistake in their life and "forgive" them for that mistake.

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

What does it mean to have a bench warrant in Maryland?

A common question we receive from potential clients is: "What is a bench warrant and what do I have to do to make it go away?"

In Maryland, you are made aware of the fact that you have an active bench warrant, that means that the police can arrest you on sight if they stop you and run your name in their system to see that you have an active warrant for your arrest. The most common reason that a bench warrant is issued by a judge is because a defendant has missed a required appearance in court. If you have a court date scheduled for a certain day and you do not appear, as soon as the judge calls your case and sees that you are not present, he/she will sign a bench warrant. This action then enters your name in the sheriff's database for all police officers to see. Therefore, if you are stopped by police for any reason and they run your name in their system, they will automatically see the active warrant and will arrest you. Many people think they can stay out of trouble with the police and choose to risk being arrested by doing nothing about their warrant. We do not recommend that, especially as police officers continue to use more advanced technology, such as the license plate readers that allow officers to scan hundreds of license plates in a minute.

If you have missed a court date and have an active bench warrant, don't just ignore it and risk being arrested. Make sure you hire an attorney as soon as possible and they can draft a motion to quash the warrant to help get you a new court date so that you can resolve your matter in court.

If you have an active arrest warrant in Maryland, call Portner & Shure for a free consultation and let us quash that warrant and help you resolve your matter and put it behind you. (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.

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/

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/