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.

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 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/  

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/