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/

Bishop Cook Indicted this Week on 13 Charges

          Episcopal Bishop Heather Cook was indicted on thirteen charges stemming from the death of bicyclist Thomas Palermo.  Some of these charges include automobile manslaughter, driving under the influence of alcohol, leaving the scene of an accident, and texting while driving during an accident that results in death or serious bodily injury.  It is alleged that Cook hit Palermo with her car as she was texting and driving drunk, and then fled the scene, only to return a short time later.  According to police, Cook’s blood alcohol concentration was 0.22 when it was tested at the police station after the accident.

Since Cook’s original arrest for this accident, information has come out that shows previous driving under the influence of alcohol charges.  In 2010, Cook was convicted of a DUI in Caroline County, but only received one year of supervised probation.  If convicted in this case, Cook could face over 20 years in prison.  The Episcopal Diocese of Maryland is now calling for her resignation.  Next, Cook will face arraignment in circuit court on March 5^th.  Cook has been free on a $2.5 million bail, and her attorney reports that his client remains at an in-patient treatment facility.

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 Ignition Interlock Device 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.  In Bishop Cook’s case, the judge will consider her 2010 DUI conviction when sentencing her for killing Thomas Palermo.

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/  

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/

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/

What You Need to Know About MVA Administrative Hearings in Maryland

In most cases involving first offenders, Portner & Shure advises clients pulled over for DUI/DWI in Maryland to consent to take a test (usually a Breathalyzer test) to measure the alcohol concentration in their system.  If you refuse the Breathalyzer test, or if you take the test and your alcohol concentration is 0.15 or more, there are severe consequences for your driving privileges, including not being able to request an administrative hearing with the Motor Vehicle Administration (MVA).

In situations when you consent to take the test and your alcohol concentration is less than 0.08, you are not subject to a suspension of your driver’s license, and no administrative hearing is necessary.  However, if your alcohol concentration is at least 0.08 but less than 0.15, your driver’s license will be suspended for 45 days for a first offense and 90 days for a second or subsequent offense.  In this situation, you have the right to request an administrative hearing.  You can request this hearing at any time within 30 days of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended.  More importantly, you must request a hearing within 10 days of the date of the Order of Suspension to insure that your privilege to drive is not suspended prior to your hearing.  The request must be made in writing and must include a check or money order for $150.00, which is the required filing fee. 

If you have been charged with DUI/DWI in Maryland, it is vital that you hire an experienced DUI/DWI attorney who can challenge the administrative consequences, such as a driver’s license suspension, and work to achieve a favorable result.  In some instances, your attorney can get a modification of your license suspension or even challenge the state’s entire case against you by arguing that the alcohol measuring device was not properly calibrated.

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/

Why Choose Portner & Shure as your DUI Attorney?

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.

Mr. Portner has a proven track record of successfully defending clients charged with DUI in Maryland.  He knows the severe penalties and all the possible negative effects of having a DUI conviction on your criminal record.  Some of the direct and indirect consequences include jail time, substantial monetary fines, demotion at your job, losing your job, losing security clearance at your job, being deported if in the United States illegally or using a temporary visa.  Mr. Portner has been defending DUI clients for over 20 years.  Portner & Shure has several five-star reviews on Yelp and Avvo, with clients stating their appreciation to Mr. Portner for working tirelessly on their case.  With such severe life-changing penalties possible as a result of a DUI charge, it only makes sense to choose an experienced and knowledgeable DUI attorney to defend you.

For example, Mr. Portner achieved an extremely favorable result for his Chinese-speaking client who was charged with an aggravated DUI when he crashed his car into a guardrail on Route 29 in Howard County, Maryland.  The client’s car was totaled with $28,000 and the client fractured his thumb in the accident.  When police arrived at the scene, the client agreed to perform various field sobriety tests and to a breath test in which he blew a 0.11.  The client was born in China, went to Montgomery College for three years, is a United States citizen, and has had no problems with the law before this incident.  Mr. Portner emphasized the fact that this was the client’s first offense and he had made one terrible mistake.  The Court and the State’s Attorney’s office both agreed with Mr. Portner in that it would be too onerous with the language barrier to sentence the client to supervised probation and that this was the right case for a probation before judgment.  The client was sentenced to unsupervised probation, a rarity in a case akin to this one; however, it was clear that the client had been punished enough by the injuries he sustained and damages to the car.