Yesterday I had a trial in District Court. I even got started by 9:15 and it was over by 9:45. Credit goes to the Baltimore County Police Officer who was didn't guess when he didn't know an answer, and laid it out just as he remembered .The prosecutor called me the...
I posted to the Maryland Criminal Defense Attorney's List serve the new Employer's Vehicle Exception Form. Years ago I had posted the form letter for an employer to write so that the client did not have to ask for a Hearing. I have been surprised to learn how many...
Effective October 1 there will be major changes to Administrative penalties regarding the breath test. For those reading this now if you blow between .08-.14 you face a 45 day loss of license or a 45 day restricted license for a first offense. Beginning October 1st...
Some time ago I get a call from a prospective client referred to me by a friend who is a prosecutor. So I come well recommended and presumably knowledgeable in the DUI field. The person calling is an educator who has zillions of meetings to attend. The educator...
Generally you are not having an Administrative Hearing in a refusal case. Your client either takes the 120 day suspension or puts the interlock on for a year. A client tells me that after he is advised by the officer who reads him the DR-15 he asks to speak to a...
Last week there are 2 MVA incidents that were unusual. I have a client who blew a .30, yes a .30. He gets the interlock on and goes to MVA to get his new license. The DR-15A has the .30 test result. The MVA computer system has it as well. HOWEVER, the trooper...
A repeat offender with breath test of .08-.14 who has a prior .08-.14 in the last 5 years is now interlock eligible without a Hearing. That is because the offender is no longer eligible for a restricted driver’s license. That does not mean that the ALJs are going to...
Many lawyers are having problems figuring out the issues a driver charged with DUI who holds a CDL. AN INTERLOCK IS A SUSPENSION AND YOU LOSE YOUR CDL. A PBJ FOR DUI OR PER SE LOSES YOUR CDL. If you blow a .15 or above take the 90 day hit, and then you get your CDL...
In what can only be described as refreshing, Administrative Law Judges have been taking No Action in cases involving a violation of the procedures for breath testing. In a Maryland DUI, there are 3 categories of breath tests. .00 to .07; .08 to .14; and .15 and...
