Posted on August 14, 2023 in Criminal Defense

Commercial drivers and traffic violations

Maryland truck drivers need a commercial driver’s license (CDL) to operate their oversized vehicles legally. A tractor-trailer requires specialized knowledge and skills, so a standard driver’s license doesn’t cut it. These drivers spend a lot of time on the road, which boosts their experience behind the wheel. The extended time driving also puts them at great risk of getting a traffic citation, and a ticket may adversely affect their employment.

Truck drivers and traffic tickets

When a driver commits traffic violations, they can face serious repercussions. Both commercial and non-commercial drivers can face a license suspension in Maryland for committing traffic violations. However, CDL drivers can be held to a higher standard and may face more severe penalties if they commit certain violations. Those who commit serious traffic violations may face 60 or 120-day license suspensions if they rack up a specific number of citations within a certain timeframe.

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 Posted on July 31, 2023 in Drunk Driving

The facts about impaired driving

Maryland law prohibits motorists from operating their vehicles while under the influence of alcohol. You are legally drunk if your blood alcohol content (BAC) is .08% or higher. However, you can be taken into custody for DUI even if you are under the legal limit, and this is because impairment begins after ingesting any amount of alcohol.

Your inhibitions wane

After a single drink, you may feel warm, happy and relaxed, which may increase your risk of speeding or engaging in other unsafe behaviors. Your BAC will be about .02%, and your body will take about an hour to filter the alcohol out of your system. However, suppose you have a limited tolerance to alcohol. In that case, this may be enough to cause issues processing information such as where you are in relation to other cars, people or objects.

Signs of impairment

There are several clues before you enter your vehicle that you may be about to engage in drunk driving. For example, you may have difficulty standing, have bloodshot eyes or are slurring your words. Other signs of impairment may include difficulty completing basic tasks such as finding your car or using your car keys. Ideally, you will car for a ride, walk home or stay where you are until you are sober enough to drive. Establishments may allow you to keep your car in their parking lot overnight as an incentive to not drive while impaired.

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 Posted on July 17, 2023 in Drug Charges

Stiff penalties possible after an arrest for heroin

The laws of Maryland and the federal government recognize no acceptable reason for you to possess heroin. The Drug Enforcement Administration classifies this narcotic as a Schedule I substance highly prone to abuse and lacking medicinal value. This designation motivates the state to treat you harshly. A defendant could also face federal criminal charges after the seizure of a large amount of heroin or evidence that suggests participation in the interstate drug trade.

Drug testing possible

After police arrest a person suspected of heroin possession or involvement in its manufacture or distribution, the criminal justice system collects evidence to support drug charges. Law enforcement will test the confiscated substance to confirm that it is heroin and also test the suspect’s saliva, blood, urine or hair. Clinical detection of heroin in your system counts as possession and could result in criminal prosecution.

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 Posted on June 29, 2023 in Criminal Defense

Top Maryland traffic violations

According to a 2022 Forbes Advisor survey, Maryland drivers are more aggressive than drivers from some other states. The survey ranked Maryland as the seventh state with the most aggressive drivers in the U.S. Here are a few violations that are common among Maryland drivers.

DUI

The National Highway Traffic Safety Administration estimates that drunk driving in the U.S. accounts for about 37 deaths daily. In Maryland, a drunk driving conviction can result in a fine of $1,000 plus one year in jail. A driver with multiple drunk driving traffic violations can face stiffer penalties.

Speeding and speeding tickets

Speeding is a contributor to motor vehicle injuries and deaths. Based on information from The National Safety Council, speeding contributed to 29% of all traffic fatalities in 2021. On average, more than 33 people per day died because of speeding.

Tailgating

Tailgating is a dangerous habit that some drivers develop. It occurs when one driver follows too closely behind another vehicle. If the driver in front suddenly stops, the driver in the back can crash into the vehicle.

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 Posted on June 16, 2023 in Drunk Driving

What happens to pilots arrested for drunk driving?

Sadly, drunk driving occurs quite frequently in the state of Maryland. This is bad for the victims of drunk driving accidents and drivers. Being convicted of this crime can lead to harsh penalties that can affect the rest of your life. Some of these penalties may surprise you. If you are a pilot, you should know how it could negatively affect your flying career.

Penalties for drunk driving in Maryland

First, you should be aware of the usual penalties for drunk driving you are likely to encounter after a conviction in Maryland. This can include:

• up to one year in jail, $1,000 in fines and a six-month license suspension for the first offense
• up to two years in jail, $2,000 in fines and a one-year license suspension for the second offense
• up to 18 months in jail, $5,000 in fines and an 18-month license suspension for the third offense

Penalties for pilots in the state of Maryland

However, if you are a pilot, you could face additional penalties. First, pilots are expected to immediately report a DUI arrest to the FAA. This of course is the Federal Aviation Agency that regulates civilian flight in the United States. While the case is in process, the likely response will be to ground the pilot.

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 Posted on June 02, 2023 in Drunk Driving

A closer look at Maryland’s Ignition Interlock Program

Maryland police officers have many reasons why they pull someone over, including if they suspect someone is driving under the influence of alcohol. Someone who is caught driving while under the influence may be required to drive with an ignition interlock device.

What is an ignition interlock device?

An ignition interlock device is a tool drivers use while actively operating their vehicles. This device contains a breath analyzer that drivers blow into while driving. Then, ignition interlock devices measure a driver’s breath alcohol concentration. These devices also contain a camera to verify a driver’s identity.

Driving with an ignition interlock device

In Maryland, a driver must register a breath alcohol content at or below .025 while using ignition interlock devices. If a driver’s breath alcohol content is over .025, an ignition interlock device stops a vehicle from starting to prevent drunk driving.

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 Posted on May 23, 2023 in Criminal Defense

Don’t forget your license if you plan on driving in Maryland

Maybe you forgot your wallet before driving to the grocery store. This mistake seems benign, especially if it was an accident and you did not break any other traffic laws. But if you get caught driving without a license (DWOL), you can expect penalties that might be harsher than you think.

Driving without a license

Maryland law requires all motorists in the state to carry a valid driver’s license while driving. This applies to people driving automobiles. If you are driving a moped, motorcycle or commercial truck, you may need a special class of license that permits you to operate such vehicles on Maryland roads.

Penalties for DWOL

If you are caught DWOL, you can expect to be penalized. If it is your first time being charged with DWOL, you will face a prison sentence of up to 60 days and/or a $500 fine. If it is your second or subsequent time being charged with DWOL, you will face a prison sentence of up to one year and/or a $500 fine.

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 Posted on May 09, 2023 in Criminal Defense

Do I have to open the door for the police?

Most people are not happy to see a police officer at their door. Even if you have done nothing wrong, you may be hesitant to answer the door for the police who are knocking.

Police officers cannot enter your home without a warrant in Maryland. They cannot get a warrant without probable cause, which means they have reason to believe a crime is occurring in your home or evidence of a crime will be found in your home.

Ask to see the search warrant

The police officers must show you the warrant. You have a right to review the warrant before letting them in. After they knock, if you choose to answer the door, ask to see a copy of the warrant.

You do not have to open the door to see the warrant. You can ask them to slide it through the door or hold it up to a window.

When police officers have a warrant, they are still legally required to knock and announce their presence before coming into your home.

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 Posted on April 25, 2023 in Criminal Defense

New law bars police searches based upon marijuana smell

Maryland has joined other states in reducing the criminal penalties for marijuana and allowing its recreational use. The legislature, at the very end of its session in April, also  passed a bill that would likely reduce prosecutions for drug charges by prohibiting police from stopping vehicles and conducting searches because they smelled marijuana.

Odor no longer probable cause

If signed by the governor, the bill would take effect on July 1. This is the same date that recreational cannabis becomes legal in Maryland.

This measure will prohibit reasonable suspicion or probable cause for a search or stop based only upon the smell marijuana. Police, for example, cannot rely on the odor of marijuana to conduct a search if they stop a driver with an expired registration.

However, the smell of marijuana may be used if the police suspect that a motorist is impaired. For example, police could rely on a marijuana odor if they pull over a motorist who was driving erratically.

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 Posted on April 11, 2023 in Drunk Driving

What are the potential penalties for a DUI in Maryland?

There are many different situations when people in Maryland have a drink or two. For the most part it is fine to drive after a drink, but there are times when people have more than one and still feel fine. In these situations people are risking being charged with a DUI or DWI. If people are convicted they can face serious consequences that affect different parts of their lives.

DWIs and DUIs in Maryland

There is a distinction between DWIs and DUIs in Maryland. People can be charged with a DWI if they have a blood alcohol concentration (BAC) of 0.07 or above, while they need to have a BAC of at least 0.08 to be charged with a DUI.

As DUI charges involve a higher BAC, the potential penalties are also more harsh than the potential penalties for a DWI.

Penalties for DUI

If people are convicted of a DUI, the penalties depend on how many DWI convictions people had prior to the present offense.

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