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.

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.

Open Container Law in Maryland: Does it Apply to Passengers in Vehicles?

Many of us are probably aware of open container laws in Maryland. I think we all generally know that it is illegal to have open containers of alcohol outside on the street in public. However, many people probably do not know that it is also illegal to have open containers in vehicles, regardless of whether you are driver, front seat passenger, or back seat passenger. An occupant of a motor vehicle may NOT possess an open container that contains any amount of an alcoholic beverage.

If you are in a vehicle and stopped by police and the officer sees that you have an open bottle of beer or wine, or even just a plastic cup filled with an alcoholic beverage, they will give you a citation for violating Maryland's open container law. This type of attention from police officers will often lead to suspicions of drunk driving and could result in a DUI charge for the driver if any alcohol is detected on them.

There are obvious exceptions to the open container law for special vehicles, such as buses, taxis, limousines, and RVs.

Just remember to never drink and drive and never have open containers of alcohol anywhere in your vehicle. If you are charged with an alcohol-related offense in Maryland, call Portner & Shure for a free consultation: (301) 854-9000, (410) 995-1515.

Three Things to Know if You Are Charged with DUI in Frederick

If you are charged with DUI in Frederick, Maryland, here are three things to remember:

1. If it is your first offense for driving under the influence, the first thing to take care of is your driver's license. When you are arrested for a DUI in Maryland, the police officer will confiscate your license (unless it is an out-of-state license) and give you a temporary paper license that is only valid for 45 days. 
2. If you were offered the breathalyzer test, but refused, OR you took the test and blew over 0.15, you are limited to just TWO options. For a refusal, you may elect to take the suspension for 270 days OR elect to install an ignition interlock device in your vehicle for one year. For a result over 0.15, you may elect to take the suspension for 180 days OR elect to install an ignition interlock device in your vehicle for one year. HOWEVER, if you took the breath test and your results were under 0.15, you may elect either of the two options above (180 day suspension), or request a MVA hearing to get a restricted license. A restricted license allows to continue to driving past the 45 day period, but you are limited to driving to/from work or school.
3. When it is time for court, assuming this is your first DUI, there was no contributing accident, you completed alcohol treatment prior to trial, and your breath test results were under 0.15, a probation before judgment (PBJ) is a likely outcome. A PBJ means that there will be no conviction on your record.

If you've been arrested for DUI in Frederick, call the Top-10 DUI lawyers at Portner & Shure for a free consultation today: (301) 854-9000, (410), 995-1515.

Maryland's New Mobile Breath Test Truck Means More DUI Arrests

      We all should be familiar with the stricter DUI penalties in place in Maryland as of October 1, 2016. Police throughout Maryland are doing whatever it takes to catch as many drunk drivers as possible to keep roads and highways safe. Over the past few years, there have been far too many fatal accidents caused by drunk drivers and police want to put an end to that. We have just made it through the busiest time of the year for DUI arrests with holiday parties and New Years.

      Maryland State Police recently unveiled a Mobile Breath Test Truck that they can set up at DUI checkpoints to make the DUI arrest process much quicker. This is bad news for drunk drivers on the roads because this means that police can process a drunk driver much faster than they used to. In a typical DUI arrest, a police officer will pull you over, smell alcohol on your breath, ask you to submit to a preliminary breath test and/or perform field sobriety tests. Based on results of these tests, the police officer will then arrest you for DUI. Next, the officer will have to transport you to the police station to administer the official breathalyzer test. The results of that test are used in your case. This process took a significant amount of time to transport an offender from the scene of the arrest to the station. With the mobile breath test truck, officers can now perform the official breathalyzer test at the scene of the arrest and continue to make additional arrests.

     
       You should always think twice about drinking and driving, but there is even more reason now to call an Uber or Lyft instead of taking the risk to drive. Police are now more likely to catch you driving drunk on the roads than before.

If you are caught drinking and driving in Maryland, call Portner & Shure for a free consultation. The consequences are significant with Maryland's new laws, so don't risk your ability to drive and hire a Top 10 DUI law firm to represent you. Call us today: (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

Don’t Wait to Hire a Defense Attorney for your Case in Maryland

   ·         We have several criminal clients who call us the day before trial seeking representation for their           case

   ·         Don’t wait until the last minute to hire a defense attorney in your case because the longer you wait,    the more difficult it is for your attorney to craft a strong defense. Defending against criminal or            traffic charges is a process and not something that can or should be done in a 24 hour period.

   ·         Your chances of a favorable result in your case are more likely if you hire an attorney immediately       after you are charged with a crime or receive a ticket for a serious traffic offense because your             attorney can request discovery and discuss your case with the State’s Attorney

   ·         Time is also important for traffic citations because they have a short period of time for you to either     pay a fine or request a hearing. If you wait until the day before trial to worry about your charges,         you most likely have missed the deadline required to either pay your fine or request a hearing.

   ·         If you are facing criminal charges or a traffic ticket, don’t delay and call Portner & Shure today for    a free consultation 

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.

Planning to Drive Drunk in Maryland—Beware of Harsh New Consequences

   Starting October 1^st, if you are convicted of a DUI, you will be required to install an Ignition Interlock device in your vehicle. Maryland is now catching up to other states with stricter drunk driving laws. DUI cases are always serious no matter what state you are in, but prior to October 1st, if you were arrested for DUI in Maryland, you were fairly lucky because the consequences were not very severe.  However, now the consequences are much more severe.  For instance, license suspension periods have been increased significantly —first offense with BAC 0.08-0.14=180 days; BAC 0.15 or more=180 days; Refusal=270 days.

   Again,  before October 1^st, anyone convicted of their first DUI in Maryland was not required to have an ignition interlock installed in their vehicle, and in many cases, with good legal representation, these drivers only received a “slap on the wrist.” Now it is more important than ever to hire an attorney if you are arrested for DUI in Maryland because it is more important than ever to avoid being convicted for your DUI.

     If you have been arrested for DUI in Maryland, visit us online at www.portnerandshure.com or call us today at (410) 995-1515 or (301) 854-9000.

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/

Maryland State Police Trying to Combat Drunk Driving

          Over the weekend, Maryland State Police arrested 80 drivers for drunk driving.  Numerous Maryland drivers continue to make the irresponsible decision to drive a car after consuming alcohol.  Yes, it is the easiest option, but it is also the most dangerous.

            One of the worst offenders arrested over the weekend was Felix Mateo, who was stopped twice by police for driving under the influence in the same night.  The first time, Mateo was stopped by police with a blood alcohol concentration (BAC) more than twice the legal limit, and the police released him to his wife.  Later that night, police find Mateo driving on the road again exemplifying reckless behavior, crossing the center line, hitting curbs, and swerving into another car’s lane.  Officers pull him over once again.  Mateo’s BAC was still more than twice the legal limit.  He was charged with DUI twice.

            Another reckless drunk driver arrested over the weekend was caught driving 94mph in a 55mph zone and had his 9 year old in the car with him.  This driver was also arrested and charged with DUI, among other offenses.

            Driving drunk is never an option no matter the situation.  If you are driving and plan to drink alcohol, you must make a plan for getting home safely without driving yourself.  It is always good to arrange for having a designated driver.  If that is not feasible, driver services such as Uber and Lyft are readily available and very easy to use.  And if those services are not feasible either, a traditional taxi is always a safe option when you are drunk and cannot drive.

            The number of drunk drivers arrested every weekend in Maryland is too high, and remember those are only the few that are caught by police.  There are hundreds, if not thousands more that are not caught driving drunk.  There is no excuse for putting innocent people 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/

Interlock Devices May Be a Nuisance, But Are Very Advantageous

         Maryland, as well as 20 other states, mandate use of ignition interlock devices for first time DUI offenders.  While many believe that the ignition interlock device is very strict punishment for a first-time offender, several studies have shown that people convicted of DUI have driven while impaired by alcohol numerous times before being arrested even once.  Interlock devices are installed to be connected to your car in a way that prohibits any driving if the machine detects any alcohol.  Most devices also require the driver to blow into it additional times while operating the car, which is known as a “rolling retest.”

            When studies are conducted comparing states that have laws requiring interlock devices to be used after a first DUI offense to states that do not require interlock devices for a first offense, it shows that the advantages of an interlock surpass any potential drawbacks to the program.  Drivers with devices installed in their cars were less likely of having another alcohol-related offense.  In addition, most drivers remained DUI free for a longer period even after the device is removed.  Drunk driving has been a serious problem for several years and continues to be a problem today.  While thousands of drivers are caught by police, thousands more get away with drinking and driving, and oftentimes injure or kill an innocent person.  National Highway Traffic Safety Administration (NHTSA) statistics show that more than 10,000 people die every year from accidents attributed to drunk drivers.

            If you do get caught drinking and driving tomorrow and are charged with DUI, call our attorneys for a free consultation.  Our Maryland DUI attorneys handle drunk driving-related cases every day.  If you have been arrested for a DUI/DWI it is important that you consult an experienced 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 (410) 995-1515 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/

Maryland Man Hit by Drunk Driver While Walking

           On Saturday night, Caylen Hayes, a 21 year-old Maryland man, was walking with two other people along Route 301 near Frank Tippet Road in Upper Marlboro, Maryland when they were struck by a vehicle.  Hayes’ arm was severely injured and eventually amputated.  The other two people were not hurt.

            The driver of the car continued driving after striking Hayes.  Luckily, witnesses were able to take down the car’s license plate number to give to police.  As a result, police officers went to the car owner’s house and questioned him about the accident.  The car owner, who was also the driver, “had a strong odor of alcohol on his breath and his eyes were bloodshot.”  Police arrested the driver for driving under the influence of alcohol (DUI).

            Maryland is one of many states that have a “two-tiered” drinking and driving statute.  Driving under the influence of alcohol (DUI) is the more serious offense.  If the defendant submits to a police-administered blood or breathalyzer alcohol test and the reading is 0.08 or higher there is a permissive inference that the driver was under the influence of alcohol.  A DUI is a misdemeanor with a maximum penalty of one year in jail and/or a $1,000 fine.  Motor Vehicle Administration penalties can include the imposition of twelve points and it is possible that your driver’s license can be revoked.

Furthermore, a “moderate odor” of alcohol is now enough to give an officer “reasonable grounds” under the statute to suspect that a person is driving impaired.  An experienced and knowledgeable attorney is necessary to help defend someone who has been arrested as a result of an officer detecting a “moderate odor” of alcohol.

          If you have been arrested for a DUI/DWI it is important that you consult a 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.  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/

Stay Alive, Don't Drink and Drive & Catch a Ride with Uber or Lyft

Uber and Lyft Team up with MADD for New Year’s Eve

            Both Uber and Lyft, alternative services to traditional taxis, are working with Mothers Against Drunk Driving (MADD) for New Year’s Eve to make sure people have a designated driver and do not drive drunk.  Each company will donate $1 per ride to MADD for every trip on the night of New Year’s Eve.  Lyft’s program has a $10,000 donation limit, whereas Uber does not have a cap on donations.  However, riders need to text “MADDNYE” to activate the donation. 

MADD’s mission is simple, to prevent drunk driving deaths.  According to MADD, “last year, 70 people died in drunk driving accidents on New Year’s Eve.”          

Uber expects over two million rides tonight.  Uber suggests that in order to avoid paying over $100 for your ride, do not request a ride between 12:30 AM and 4 AM when demand will be highest.  If you request a ride right at midnight, you will likely avoid these high fares.

Remember, it is never a good idea to drink and drive, especially on New Year’s Eve.  Stay safe and Happy New Year from Portner & Shure.

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/

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/