Maryland Criminal Defense Lawyer: MVA Guidelines on Revoked Driver’s Licenses

            The point system used by MVA in Maryland is confusing for everyone.  It is important to know of the important point thresholds and how they affect your Maryland driver’s license. 

If you accumulate 3-4 points, MVA will send you a warning letter to notify you of the point accumulation. 

If you receive between 5-7 points, driver improvement classes will be required. 

Once you accumulate between 8-11 points, your license is suspended.  This can happen either from an accumulation of points based on several driving offenses, or it can result from an alcohol or drug violation while driving. 

Once you have 12 or more points, your license is revoked.  In order to have your driving privileges reinstated, you must wait a certain amount of time depending on your case.  For a first revocation, there is a 6 month waiting period.  However, with 4 or more revocations on your driving record, there is a 2 year waiting period.  This waiting period begins the day that you turn in your driver’s license to MVA. 

Once the waiting period has finished, you may apply for reinstatement with MVA’s Driver Wellness and Safety Division.  Once MVA has made a determination for your license, you will be notified whether it has been granted or denied.

If you have been charged with a crime in Maryland, call us today to speak to one our experienced Maryland criminal defense attorneys for a free 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 Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/

Maryland Criminal Defense Lawyer: Legislators Want Jail Time for Adults Hosting Underage Drinking Parties

            As we wrote about last month, legislators in Maryland’s General Assembly are working towards passing legislation to increase the penalty for adults that “knowingly and willingly” host underage drinking parties at their home.  Currently, anyone convicted of violating this law are only required to pay a maximum fine of $2,500 per offense.  The call for stricter penalties comes after a devastating accident last summer in which two Potomac teens died in a car accident after attending an underage drinking party.  The bill, which is referred to as “Alex and Calvin’s Law,” is named after the two who died in the accident.

            

            Last month, both the Senate and House passed their respective versions of the bill nearly unanimously.  Both versions of the bill would include a jail sentence of up to one year for a first offense and up to two years for each subsequent offense of “knowingly and willingly” hosting an underage drinking party.  Both bills would also increase the fines for a first offense and every subsequent offense.  There are slight differences in the two versions, however.  The two bodies of lawmakers are trying to hammer out certain details in order to get one uniform bill passed into law.  The biggest difference between the Senate and House versions is that one requires jail time for both furnishing alcohol to underage teenagers and for hosting an underage drinking party, while the other version only requires jail time for hosting an underage drinking party. 

            

            If the Senate and House can come together and create a unified bill, it would then go to a vote, and if passed, could be signed into law by Governor Hogan.

              

            If you or a family member has been charged with an alcohol-related offense in Maryland and would like a free legal consultation or if you would like more information on these types of offenses please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Laurel or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

MD Criminal Defense Attorney: What to do if Charged for Driving Without a License or Driving on a Suspended License

          A majority of our criminal and traffic consultations involve driving without a driver’s license or driving on a suspended license.  In several instances, these people are undocumented and are too afraid to show up to court for risk of being deported.  Failure to appear in court for your trial date results in much worse consequences.  A failure to appear (FTA) results in the court issuing a bench warrant for your arrest. In other words, if you ever get into any more trouble and the police happen to run your name in their database, they will see there is an outstanding warrant for your arrest and will arrest you.  There will likely be significant immigration effects.

           

          In many circumstances, we will have potential clients call us and ask what they can do to get rid of the arrest warrant and go to court for the charges.  The first step we can do is to file a motion to quash the warrant, and if a judge grants it, the court will recall the warrant, and then a new court date can be scheduled to defend the charges.  Motions to quash are not always granted though, so if you do not have a legitimate excuse for missing your original trial date (i.e. changed addresses), it is likely to be denied.  At that point, you will have to turn yourself in to get a new trial date to defend your charges.

            

         When trying to resolve a driving without a license or driving on a suspended license case, the best thing to do is to work on getting a license or resolving the suspension issue.  A judge will look more favorably on someone who is actively trying to obtain a driver’s license or trying to resolve the suspension.

           

         If you have been charged with a crime in Maryland, call us today to speak to one our experienced Maryland criminal defense attorneys for a free 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 Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/

Maryland DUI Attorney: The Fight for Stronger DUI Laws in the State Continues to Heat Up

           In 2009, a Maryland woman drove her car with a BAC of 0.20 (more than double the legal limit), hit and killed two innocent people, and fled the scene.  A plea deal was reached in the case, in which she would spend, at most, 20 years in prison.  A Montgomery County Judge sentenced her to 10 years.  Since Maryland allows “nonviolent” criminals to become eligible for parole after serving 25% of their sentence, the criminal in this case was released in 2013.  The Maryland Parole Commission saw that she was remorseful and took responsibility for the crime.

            

           Since being released, she lived in Annapolis and worked a full-time job.  In addition, her vehicle had an ignition interlock device installed on her car.  In July 2015, the device registered three failed attempts due to alcohol.  Initially, she blamed the failed attempts on Altoids mints, but later rescinded that defense.  Luckily, the interlock device would not allow her car to be driven if she truly was trying to drive under the influence of alcohol.

            

           After returning to a court room today, A Montgomery County Judge ordered her to be held for 90 days while he determines an appropriate sentence for violating her parole.  Her attorneys are arguing for her to be sentenced to receive alcohol treatment, whereas the prosecutor is arguing for more jail time.

            

           The debate on whether to strengthen Maryland’s DUI laws continues to pick up steam.  Many proponents of increasing consequences of DUI would like to require an ignition interlock device be installed in the vehicle of anyone convicted for a DUI with a BAC over the legal limit of 0.08.  Currently, an interlock device is only required for those offenders with a BAC of more than 0.15.  Interlock devices are proven to work—they stop people with alcohol in their system from driving their car.  At least 3,800 people have been prevented from driving because of an interlock device in Maryland.

              

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

Criminal Defense Attorney in Maryland: Everything You Need to Know About Expungement

            We get asked every day whether a specific crime can be expunged from a person’s record.  There are several factors that go into determining whether a crime or citation is eligible for an expungement.  Last year, Maryland expanded the types of things that were eligible for expungement.  For example, acts that were once considered a crime, but are no longer treated that way are eligible for expungement.  What has not changed are the following outcomes, which are still expungable:

   ·         Charges that have been dismissed

   ·         Stetted (an indefinite postponement)

   ·         Nolle prossed (State’s Attorney decides not to prosecute the charge)

   ·         Found not guilty

   ·         Probation Before Judgment (PBJ) (Note: If you received a PBJ for an alcohol-related traffic                 offense, that is not eligible for expungement)

The next question we always get is when can I file for expungement?

   ·         Charges that have been dismissed, nolle prossed, or were acquitted (found not guilty) are eligible         to be expunged right away once a general release and waiver of any and all people against whom         you may have a legal claim as a result of your arrest

   ·         If your case was placed on the stet docket or you were found guilty of one of the expungable              crimes, you must wait 3 years from the date of the Court’s disposition to file for expungement

   ·         If you received a PBJ for something other than an alcohol-related traffic offense, you are eligible to    file for expungement after 3 years from the Court’s disposition or at the end of the probationary          period, whichever is longer

How do I file for expungement?

   ·         There is an application that must be completed and sent to Court

   ·         Any district or circuit court has forms available, or you may access the form online at                           www.courts.state.md.us

   ·         There is a $30 filing fee that is submitted to the clerk

If you have questions about expungement in Maryland call us today to speak to one our experienced Maryland criminal defense attorneys 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 Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/

Maryland Criminal Defense Attorney: Mandatory Jail Time for Carrying Illegal Guns

           A new gun control bill is set to be introduced next month in the Maryland General Assembly.  This bill sets out to send people carrying loaded unpermitted guns to jail for at least one year.  There are far too many people in Baltimore carrying illegal guns that end up being used to kill others.  Of the record number of 344 homicides last year, 90% were the result of gun violence.  On top of that, 900 people were wounded in a gun-related incident.  Gun violence as a whole in Baltimore jumped 75% compared to the previous year.

            

          This approach to levy harsher penalties is certainly a change from previous attempts to combat gun violence.  Instead of restricting firearm sales, as was previously tried, offenders would face at least one year for possessing a loaded illegal gun.  Current laws treat this crime like a first-time DUI in Maryland, which means minimal consequences.  Just like first-time DUI offenders are not deterred much from driving drunk again, gun offenders are not deterred by current laws to not possess illegal weapons.

            

         With the threat of mandatory minimum of one year in jail for this crime, it is likely that it will have an effect on gun violence.  While many lawmakers support the bill, some oppose it because they do not think it will change anything.  As one lawmaker put it, this change in penalty is targeted at the people who break the law.  Much of the violence occurring throughout Baltimore can be attributed to people carrying unregistered weapons.  For those who opposing this bill because they believe the penalty is too harsh, they need to consider that it will not affect the law abiding gun-owning citizens who are involved in the gun violence.  This bill is targeted at one of the main causes of the gun violence throughout the city.

            

         If you have been charged with possessing an illegal firearm in Baltimore, call us today to speak to one our experienced Maryland criminal defense attorneys 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 Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/

Maryland DUI Attorney: General Assembly Working Towards Passing Stricter Drunk Driving Laws

            Today, the Maryland Senate passed a bill that would hold drunk drivers liable for punitive damages if they have a previous DUI conviction in the last 10 years and caused the victim’s death or injury while driving with a BAC at or above 0.15.  As expected, state legislators are moving closer towards strengthening DUI laws in Maryland.  This bill now faces a vote in the House of Delegates.

            

            For those who do not know, punitive damages are rarely awarded in Maryland, and will only be awarded when the defendant acted with “evil motive, intent to injure or ill will.”  When a person chooses to drink and drive, they clearly have an intent to injure either themselves, someone else, or both.  This is certainly a step in the right direction of trying to reduce the number of drunk driving related injuries and deaths.  If this bill survives the House and becomes law, not only will drunk drivers face criminal penalties and paying civil damages for injuries sustained by the victim, but they could also face punitive damages, which are damages meant to make the victim or their family whole again and to deter the defendant from doing this again.  As the bill’s chief sponsor stated, punitive damages are meant to “send a statement by Maryland that we do not accept this kind of conduct, that it is intentional conduct.”

            

          This is just one example of possible changes coming to Maryland drunk driving laws in the future.  There has yet to be any proposed legislation that would require an ignition interlock device for all first time DUI offenders.  Many proponents for strengthening the state’s DUI legislation believe that interlock devices must be required for all DUI offenders.  Statistics have shown that if Maryland had this law in place, many innocent lives would have been saved.

              

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