Probation Before Judgment (PBJ) in Maryland: 3 Things You Must Know

The finding of Probation Before Judgment (PBJ) is common in numerous criminal and traffic cases.  When agreeing to a PBJ, you are pleading guilty, and therefore, waiving your right to an appeal.  But, the guilty finding is then replaced with a PBJ.  Three things you must know:

1)      In most circumstances, a PBJ can be expunged from your record after 3 years, which means it will not show up in case search or in a background check.  However, there are exceptions—such as DUI—where expungement is not an option. 

2)      One question we get all the time is how to answer the question about convictions on a job application when you have a PBJ on your record.  The answer is that you can answer that question “No” because a PBJ is not considered a conviction.  In addition, if you were charged with DUI and receive a PBJ, your insurance rates will not increase as dramatically as they would if you were found guilty.

3)      Unfortunately, not all crimes or traffic offenses are eligible for a PBJ.  A first time DUI/DWI or controlled dangerous substance crime is eligible for a PBJ.  A second DUI/DWI offense within a 10 year period or a second controlled dangerous substance crime is not eligible for a PBJ.  Keep in mind, a PBJ is not awarded automatically just because you were charged with a crime of traffic offense that is eligible for probation.  For example, some judges will not award a PBJ for DUI offenses, especially if there was a high blood alcohol concentration or you contributed to an accident.

If you receive a PBJ and violate the terms of your probation, i.e. getting charged with another crime during your probationary period, you will face the entire sentence for the crime or offense you committed when you are brought back in for the violation of probation hearing.

           

            If you or a family member has been charged with DUI/DWI, or some other crime in Maryland and would like a free legal consultation or if you would like more information 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/

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/

Proposed Drunk Driving Bill in Maryland Would Include Stiffer Penalties

             Legislation has been proposed in the Maryland General Assembly that would toughen restrictions for people convicted of driving under the influence (DUI).  Several committee members (14 of 22) have signed on as co-sponsors of the bill.  If the bill were to pass, it would require all those drivers convicted of a DUI with a blood alcohol level (BAC) of 0.08 or more to use an ignition interlock device in order to start their vehicles.  Current Maryland law only requires drivers convicted of a DUI with a BAC of 0.15 or more to use the breathalyzer device before starting their car.

             Unfortunately, this bill was on the list of legislation to be voted on Tuesday night, but “was removed without explanation.”  In order for the bill to pass, it would need to pass out of committee, which seems less likely at this point.  Mothers Against Drunk Driving (MADD) advocates thought the bill had a strong chance of passing because of the support of so many members as co-sponsors. 

             A drunk driving law with such tough penalties is quite common.  Twenty-one other states include mandatory use of ignition interlock devices for all drivers convicted of a DUI, regardless of the BAC.  Maryland’s Judiciary Committee Chairman Delegate Joseph F. Vallario Jr. believes the state “does not…need to toughen the state’s ignition-lock program.”  Vallario thinks, “We’ve done enough with that…We have one of the best [ignition-lock] programs in the country, and we think it works well.”

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