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Baltimore DUI Lawyers

• Mark Kotlarsky: If you are not a United States citizen and you are charged with any jailable offense, do not accept any deal without first contacting an attorney knowledgeable in INS deportation law. Even if you already have a lawyer, a second opinion is much cheaper than fighting deportation proceedings. The laws regarding deportation are confusing, obscure, and inconsistently enforced. Few criminal lawyers understand them well. The consequences of bad legal advice could be truly tragic for you.
• Hassan, Hassan & Tuchman:

  Drunk driving laws vary from state to state, to the extent that even the terms used for drunk driving will vary. In the state of Maryland, driving under the influence or DUI can be proven by a test result of .08 or more, and or by evidence showing the driver's normal coordination or by evidence showing that the driver's normal coordination has been substantially impaired as a result of the consumption of alcohol. Driving while impaired by alcohol or DWI can be proven by evidence showing that the driver's normal coordination was impaired to some extent as a result of the consumption of alcohol, and or by a test result of .07 or more, but less than .08.

  Avoid Penalties | Know the Law

  Although it is not illegal to have a drink and drive (unless you're underage), it is illegal to be impaired, intoxicated or under the influence, and the penalties can be significant. For a DUI, the maximum penalty is 1 year and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense. A Maryland DUI also carries 12 points with the MVA (Motor Vehicle Administration) and the individual's driver's license may be revoked in a separate office of administrative hearing. Drivers who have been found guilty of a DUI, and have not had a DUI or DWI within the past five years, may be eligible for a PBJ or probation before judgment. This means the driver is placed on probation for a set period of time, and the driver must not have any additional violations. Timing is critical in drunk driving cases tried in Maryland courts, and our Baltimore drunk driving defense lawyers will help make sure you do not sacrifice your driver's license for actions which are easily avoided, such as requesting a hearing with the Office of Administrative Hearings within ten days of your arrest.

  Skilled Drunk Driving Defense | Results Oriented Approach

  The results in your will case depend upon the facts of your case. Did you take a field sobriety test? What was your blood alcohol content (BAC)?

• Dominic Fleming: In Baltimore it is no secret that jury trials are rare, particularly in criminal cases involving driving offenses like DUI / DWI, drug possession, weapons violations, and other disorderly infractions. In these cases, successful court determinations often hinge upon minutes of decisive advocacy before one prosecutor, and one judge.
• Charles Waechter:

  Criminal law is the body of law that relates to so-called "public wrongs." Criminal law does not concern itself with disputes between individuals, but relates to offenses against the public order. The federal government, along with cities and states, define and prosecute people who commit crimes that range from minor traffic violations, to serious, violent offenses, like rape or murder. People who are charged with a crime are called defendants, and they are represented by criminal defense attorneys. The governmental body that pursues the charges against the defendant is represented by a lawyer called a prosecutor. If you find yourself charged with a crime, you need the legal counsel of an experienced criminal defense attorney, to protect your rights now, and in the future.

  The United States Constitution prohibits taking a person's life, liberty, or property without the due process of law. In order to meet this standard, a criminal statute must clearly set out the conduct that will be considered criminal. The statute must be more than a vague description that leaves a person without notice of exactly what conduct is prohibited. A criminal statute must set out the state of mind of a guilty person, called the mens rea, as well as the unlawful action, or actus reus. If you accidentally step on someone's toes when you enter a crowded elevator, that is not a crime because there was no guilty mind. Fantasizing about stomping on your boss's toes is not a crime because there is no guilty act. Crimes of attempt, like attempted murder, are not an exception to this rule. Attempt crimes require doing something toward the commission of the crime. A criminal defense attorney will be able to explain these terms to you, and to take away some of the mystery of an unfamiliar situation.

  The Defense Process

  Every lawyer involved in the criminal justice system must adhere to a complex set of rules of procedure to ensure a fair trial. The rules apply to both prosecutors and defense attorneys. This complicated procedure means that the criminal justice system is best dealt with by an experienced criminal defense attorney. A defense attorney should get involved in a case at the earliest stages, even before interrogation, if possible. The arresting officers have the obligation to inform the person in custody that he or she has the right to an attorney, and the right to have an attorney appointed if he or she does not have the resources to pay for an attorney. Most of us are familiar with these warnings-called "Miranda" warnings, after the name of the U.S. Supreme Court case that first required the warnings-from crime dramas and television shows.

  Crimes committed by children are handled by a separate criminal justice system, known as the juvenile justice system. Juvenile courts typically have less formal procedures, and a less formal manner of adjudicating cases. While many defense lawyers handle both juvenile and adult cases, some focus their practices on only one type of representation.

  Negotiating a Plea Agreement

  Some criminal charges are dropped after a defendant's defense attorney negotiates with the prosecutor. In some cases, the defendant pleads guilty to a less serious charge in exchange for the prosecutor's agreement to drop the more serious charges. The final decision on whether to accept a proposed plea agreement always rests with the defendant.

  Depending upon the severity of the crime committed, a defendant who is found guilty may be sentenced to serve some period of probation, to pay a fine, perform community service, make restitution or pay for the monetary losses caused by the crime, or to serve some time in prison. In some states, the most severe crimes are punishable by death. A veteran criminal defense attorney will know how to work with a prosecutor to fashion a deal that provides for the least severe punishment possible. If no deal can be made, the attorney can mount an aggressive defense in court, to convince the jury that the prosecutor cannot prove, beyond a reasonable doubt, that the defendant committed the crime.

  Conclusion

  When you are accused of a crime, you find yourself in a frightening and stressful situation. No matter how minor the charge may seem, you should be represented by knowledgeable, competent counsel, who can work through the criminal justice system, give you zealous representation, and minimize the impact of the proceedings on your life. If you have been accused of a crime, or if you know someone who has been accused of a crime, do not delay in contacting an experienced criminal defense attorney.

• Bryon W. Szojchet: The Fourth Amendment generally protects the right of people to be free from "unreasonable searches and seizures." In order for a search or seizure to be reasonable under the Fourth Amendment, it must usually be based on individualized suspicion of wrongdoing. In 1979, the U.S. Supreme Court held in Delaware v. Prouse that randomly stopping an automobile to apprehend unlicensed drivers and unsafe vehicles constitutes an unreasonable seizure under the Fourth Amendment, where the officer does not have reasonable suspicion that a motorist has violated the law. The Court reasoned that the State's interest in ensuring roadway safety does not justify discretionary spot checks that intrude on the privacy of motorists. However, the Court has since made a limited exception for DUI sobriety checkpoints, holding that officers may perform random spot checks to catch drunk drivers with no requirement of individualized suspicion.
• Alperstein & Diener: As a general rule, law enforcement officers may not search or seize property without first obtaining a validly issued warrant based on probable cause from a neutral and detached magistrate. This rule is based on the U.S. Constitution's Fourth Amendment protections against unreasonable searches and seizures. In applying this rule to numerous cases involving police searches, the U.S. Supreme Court has created several exceptions, deeming certain warrantless searches to be legal, where they would otherwise be in violation of the Fourth Amendment. One such exception is the "Plain View" exception.
• Wray McCurdy: Before juries begin the deliberation process, courts provide instructions regarding applicable law or procedure. In criminal trials, courts generally instruct jurors regarding the phrase "beyond a reasonable doubt." This instruction is given primarily because the Constitution has been interpreted to require that each element of a crime be proven "beyond a reasonable doubt." Although this phrase is well known and used in courts across the nation, many courts have adopted accompanying language that varies the overall meaning. Such modifications are considered proper so long as the constitutional protections afforded criminal defendants are satisfied.
• Michael Ramsey: Statements made at any stage of a criminal prosecution can be critical to your successful defense.  You need a skilled criminal defense attorney as early as possible.
• Jason Kobin: Punishment for drunk driving has become increasingly severe in the past twenty years. In earlier days, people convicted of drunk driving often faced little real punishment if they had not injured anyone or destroyed any property. However, modern laws typically provide for significant jail or prison time and large fines for all offenders. First-time offenders may be given a "break", such as a suspended sentence conditioned on treatment for substance abuse or attendance at drunk-driving school. The penalty for second or subsequent offenses, however, often includes mandatory minimum jail or prison sentences that cannot be suspended or waived, and stiff fines. The punishment also usually includes revocation of driving privileges for a certain period of time, but it is important to note that the most severe restrictions on the offenders' driving privileges usually come from the state's administrative regulations, which are not considered part of the criminal sentence. In fact, many defendants have unsuccessfully attempted to argue that a suspension or revocation of their drivers' licenses by the administrative agency in addition to the criminal sentence is double punishment that is barred by the double jeopardy clause of the Constitution.
• Marc Atas: The consequences of a criminal conviction can be devastating. These charges must be vigorously defended.
• Leslie Gladstone: Your defense is about asserting and protecting your constitutional rights.
• Michael Mastracci: If you are convicted of a major offense, then you may be subject to a jail sentence. Driving While Intoxicated is one example of an incarcerable offense. If you are charged with an offense of that nature, then you must appear in court. Unlike minor offenses, you do not have a choice of paying a fine or going to court. If you have been charged with a major offense, you will receive a summons in the mail that will include the date, time and location of the trial. Be sure that you go to the correct courtroom at the time indicated on the summons.
• Lynda Dee: In Maryland, a person may not drive, or even attempt to drive, while being either intoxicated or under the influence of alcohol or drugs or alcohol and drugs. Being behind the wheel with the keys in the ignition even if the motor vehicle is not running may be determined to be attempting to drive.
• Brian Brown: With the recent public outcry against DWI, states have taken a strict, hard-line position towards offenders. More than ever, competent, experienced representation is needed. Believe it or not, your license to drive could be suspended without a hearing if you fail to act immediately after being stopped and charged with DWI or DUI.
• Kahn, Smith & Collins: A law enforcement officer may stop and detain you if he or she reasonably suspects that you are operating your automobile while under the influence of alcohol. This suspicion or "probable cause" most often consists of the officer's direct observations of your driving. Should a police officer observe you violate any traffic law, for example, crossing lane markers, running a red light or speeding, you can expect to be detained. It is at this initial roadside encounter that the officer's observations may form the basis for probable cause. Nearly all drunk driving cases begin with the arresting officer noting "blood-shot eyes" or "a strong odor of alcohol."
• Cohen & Dwin: You've been arrested for drinking and driving in Maryland. You took the breath test and your license is confiscated. You're given a flimsy piece of paper that acts as your temporary license until you get some kind of hearing where they'll probably take your license away for real. But don't they care? You still have to work, and there's no public transportation anywhere near your job site. Now your wondering if you should have refused the breath test. And all of this is before you go to court!
• Bruce Robinson: n Maryland once you are stopped for suspicion of DWI several legal rights attach to protect you freedom but responsibilities also attach. For example, the officer will endeavor to give you several field sobriety tests including a preliminary breath test. While you are under no legal obligation to engage any of these tests, many drivers choose to attempt them. The problem with the field sobriety tests is that they are foreign tests, usually done on the side of the road, at night in the dark, while the driver is nervous and anxious. The officer tells the driver what she is supposed to do, the officer is supposed to demonstrate the test and then the officer watches the driver attempt to carry out the test taking copious notes every time the driver does something she is not supposed to do. Before you know it, the driver is arrested, handcuffed, placed in the back of the police cruiser and whisked off to the police barracks for a formal breathalyzer test which will be used in court to prosecute the case.
• Winelander Group: Driving While Intoxicated (DWI) is considered a serious crime in every state