Recently in Maryland DWI Category

June 17, 2010

18-Month Sentence in Ironic Maryland DUI Case

Maryland DUI lawyers often see cases with unusual circumstances. People have been arrested for DUI offenses while riding bicycles and driving lawnmowers as well as engaging in sexual intercourse while operating a vehicle. One ironic Maryland DUI case involved a repeat DUI offender who was involved in a collision with the same judge who only eleven years ago had suspended his sentence for a DUI conviction. Rene Fernandez, 45, was recently sentenced to 18 months in Montgomery County Jail for his role in the accident.

In 1998, Fernandez appeared before two Montgomery County judges on separate DUI charges. In the first case, the judge sentenced him to probation before judgment, which is not treated as a conviction. In the second case, Judge Edwin Collier sentenced Fernandez to 60 days in jail but suspended the sentence. Fernandez had gone eleven years without a DUI arrest before the 2009 collision with Judge Collier. In that incident, Fernandez was driving with a BAC nearly twice the legal limit when his vehicle swerved into oncoming traffic and struck Collier's car, seriously injuring both the judge and his wife.

As a result of the accident, Fernandez pled guilty to one count of causing a life-threatening injury while intoxicated. A Montgomery County Circuit Court judge sentenced Fernandez to the maximum of three years' imprisonment, but suspended half of the sentence. According to his Montgomery County DUI lawyer, Fernandez is an alcoholic who no longer drinks and is committed to staying sober. At the time of his arrest, Fernandez was a permanent U.S. resident; therefore, his conviction could make him eligible for deportation.
This case of a repeat DUI offender who struck the exact same judge who once granted him clemency on a similar conviction is only one of the unusual cases a Montgomery County DUI Attorney may see in his or her career. No matter how ordinary or how bizarre, every case has its own unique circumstances that must be evaluated when defending DUI charges.

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June 10, 2010

DUI and Sex While Driving Lead to Guilty Plea for Maryland Man

Maryland DUI lawyers are no strangers to tales of bizarre incidents, and the recent case of a man police alleged to be drunk, high, and having sex while driving is no exception. The Maryland man plead guilty to DUI charges resulting from an accident last year that seriously injured his girlfriend. According to police, William Michael Watson, Jr., 25, was driving under the influence of alcohol and marijuana while having sex with his girlfriend when he crashed his truck last September.

Watson pleaded guilty to DUI and aggravated assault by vehicle while driving under the influence in the accident that severed his girlfriend's foot, caused her leg to be amputated below the knee, and left her with serious neck injuries. The guilty plea came as part of a plea agreement, an arrangement between a Maryland DUI attorney and the prosecution to ensure the best possible outcome to the case. Watson's plea agreement allowed for the dismissal of other charges against him, including speeding and driving without a license and insurance.

According to charging documents, Watson lost control of his pickup on a rainy night, striking an embankment and causing the truck to flip. A passerby came upon the scene and called police, noting that the girlfriend was pinned beneath the truck and naked from the waist down. The witness reported that Watson was crawling out of a window of the truck with his pants "around his ankles." Watson's girlfriend told police that prior to the crash, he had been drinking beer "one right after another." Watson admitted to police that he had also smoked marijuana prior to the accident, and that he and his girlfriend had been having sex "for a while" before crashing.

While not every DUI arrest involves so many elements that could lead to an accident, most Maryland DUI lawyers have seen their share of strange cases. In this particular case, any number of things could have caused the wreck: rain, speed, DUI, or sex while driving.

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June 4, 2010

Maryland DUI Charges: Man on moped charged with DUI in Dewey Beach

A Maryland DUI lawyer may encounter a variety of intriguing DUI cases. A recent event involving alleged DUI charges and a moped is an example of one of these interesting cases. A 37-year-old Maryland man was arrested recently on DUI charges after police spotted him allegedly weaving dangerously through traffic on a moped. Jesse W. Duffy, of Earleville, was initially noticed by police when he left the Sea Spot Shopping Center on May 15th at 11:45 pm. Police say Duffy drove over a sidewalk, and at that time, law enforcement officials made their first attempt to stop the suspect from continuing to operate his moped. Officers attempted to stop him, but he turned off the Coastal Highway and headed north on King Charles Avenue toward Rehoboth Beach.

Dewey Beach police Sgt. Clifford Dempsey says that when officers located Duffy again, he was "driving back and forth from the northbound to the southbound shoulders." Police say the suspect nearly collided with a car heading southbound and that they attempted to stop him again.

Police say they continued to pursue until he crashed into a hedgerow at the intersection, falling from the moped. Police at that time attempted to arrest Duffy, who struggled to evade arrest before he was finally apprehended. He was taken to Beebe Medical Center, and is said to have resisted a blood alcohol test. Duffy was charged with Failure to stop at the Command of a Police Officer (a felony), Resisting Arrest (a felony), a third DUI offense, Disorderly Conduct and 6 miscellaneous traffic offenses. He is being held at Sussex County Correctional on $4250 bail.

In the event you are pulled over for a suspected DUI or DWI, it is recommended that you politely but firmly assert your rights under law. Duffy will likely want an experienced Maryland DUI lawyer or Maryland criminal lawyer to help him prepare for the felony and misdemeanor charges he faces.

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June 2, 2010

Police Suspect DUI in Baltimore Crash that Killed 6-Year-Old Boy

Police often set up sobriety checkpoints for Memorial Day weekend, just as they do for many other holidays, in an effort to reduce the number of intoxicated drivers. As any Maryland DUI lawyer can tell you, Memorial Day weekend often sees an increase in arrests for driving under the influence. This Memorial Day weekend in Baltimore, a single vehicle crash claimed the life of a 6-year-old passenger and injured seven others. Police investigators have said that speed and "possibly alcohol" were factors in the fatal wreck.

According to Baltimore police, the accident occurred at about 6:00 p.m. Sunday evening, when the SUV involved crossed the median on Perring Parkway and went airborne, flipping several times. Eight occupants of the SUV were thrown from the vehicle. All eight were treated at the scene and hospitalized with varying degrees of fractures, cuts, and bruises; some had life-threatening injuries. A 6-year-old boy died at the hospital.

Police report that most of the SUV's occupants were teenagers, although the youngest passenger appeared to be 4 or 5 years old.

At this time, police have not conclusively found that the driver of the SUV was driving under the influence of alcohol; however, they do suspect that alcohol was a factor in the crash. Under Maryland DUI law, the consequences of a DUI conviction are more severe if the convicted driver was transporting a minor while he or she was driving under the influence. If the driver is arrested and charged with DUI, a Maryland DUI attorney will help him or her understand the penalties associated with a conviction and will help protect the client's rights throughout the legal proceedings.

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May 20, 2010

Maryland DUI Plates Rejected as Ineffective in Deterring Drunk Driving

Drunk driving offenses carry deep penalties including jail time, loss of driving privileges, and heavy fines. Every Maryland DUI lawyer knows that the consequences of driving under the influence or driving while impaired can be devastating to those convicted. No matter the consequences, however, there continue to be repeat DUI offenders.

Earlier this year, a Maryland delegate from Prince George County introduced a bill to require those with repeated Maryland DUI convictions to have a special license plate. The bill would have required yellow plates that stated, "DUI," for five years for any person convicted of driving under the influence three or more times. Those obligated to have the special DUI plates would have to pay $500 for these plates.

The idea of specialized license plates for people convicted of certain crimes is not new. For example, people convicted of sex crimes often must obtain "Sex Offender" plates as a requirement for registered sex offenders. DUI plates have been proposed in the past, but have failed to gain the approval of Maryland's legislators.

This most recent attempt at DUI plates for those with multiple DUI convictions also failed to pass. Legislators could find no evidence that such a technique would actually reduce Maryland DUI convictions or prevent repeat offenses. While proponents of the DUI license plates stated that people "need to know who is sharing the road with them," such plates were deemed unnecessary, as all drivers should practice defensive driving. In fact, distracted driving is more prevalent than the 2,029 drivers who would have been required to have DUI plates had the bill passed.

A Maryland DUI defense attorney knows that the legal consequences of a DUI conviction are severe enough without the additional penalty of shaming a driver through a license plate. The social stigma of a criminal record from a DUI conviction alone is often enough for lasting implications. Those facing Maryland DUI charges must seek immediate counsel from a competent defense lawyer to challenge the charges against them and help protect their freedom and driving privileges.

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May 10, 2010

Maryland DUI Charges - Criminal Charges for MD Police Officer Accused of DWI

Being arrested for a Maryland DUI charge can change lives forever, and possibly affect one's job and ability to support themselves. City employees, especially police officers, are held to high professional standard. However, if an officer busts a fellow cop for driving under the influence of alcohol within the city they work, the suspect's job is immediately on the line. Experienced Maryland DUI lawyers will undoubtedly witness similar examples of this throughout their career, much like a recent incident, where prosecutors are accusing a Prince George's County cop of causing a car accident while driving drunk.

In January 2010, off-duty officer Darin Rush was driving an unmarked police car westbound on Route 202. When he tried to merge on to Central Avenue, he lost control of his vehicle and the car rolled over. The crash severely damaged the cop cruiser and an emergency medical crew took Rush immediately the hospital. Although Major Andrew Ellis told the public that there was "probable cause to believe that [Rush] was operating the vehicle under the influence of alcohol," he declined to mention what evidence they have in support of that accusation.

As a result of the DUI charges, Rush was suspended from the police force with pay in the week after the incident. An internal investigation within the police department is ongoing in preparation for trial scheduled on April 19th, 2010. Ellis maintained that law enforcement officials have "no hesitation" when holding their own officers or those from other agencies accountable for drinking and driving. "We hold our employees to a higher standard. Our officer was in our police car, and the officer's car flipped. That's egregious. That's not something that we're going to let go without following the full extent of the law," he said.

As seen by the example of Darin Rush, being charged with drunk driving in the State of Maryland can permanently alter lives, especially police officers. Conviction of a DUI charge can ruin a personal and professional reputation permanently, and could result in the loss of driving privileges, fines, or even jail time. Therefore, you will need a trustworthy and hard-working Maryland DUI attorney to devise the best defense. Years of experience, combined with the highest quality legal advice and legal representation, can help ensure that your case has a positive outcome.

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March 4, 2010

Maryland DUI Charges - Maryland DUI Arrest of Redskins Cornerback

Practicing law in a metropolitan area, it is common for an experienced Maryland DUI lawyer to see a number of cases where professional athletes have been accused of driving while intoxicated charges. Cases handled are much like that of Redskins cornerback Byron Westbrook, who was recently arrested while driving drunk in the State of Maryland. Although it is unknown at this time whether he will face any disciplinary action with the National Football Association, the professional athlete is currently facing Maryland DUI charges as a result of the arrest.

While driving on Route 5 at Lakewood Place, a Charles County law enforcement deputy saw a Mercedes-Benz driven by Westbrook, 25, cross the center line many times and drive erratically. After pulling the vehicle over, the police officer immediately noted the smell of alcohol in the car and on Westbrook's breath. Immediately he administered several sobriety tests to the football player, while he ultimately failed. As a result, the Redskins cornerback was charged with driving while intoxicated, negligent driving, and failure to drive right of center.

While no official word has been announced, the General Manager of the Redskins assures the public that they take the matter very seriously--in an email he wrote, "We take these issues very seriously. Moving forward, we play to meet with Bryon and will continue to monitor the situation." Although Westbrook played fifteen games last season for the Redskins, it is unknown at this time what his future affiliation with the team will be.

Facing Maryland DUI charges is an overwhelming and difficult process, regardless of celebrity status. Conviction of a DUI will have life-altering consequences, including the loss of driving privileges, fines, and/or jail time. For the best legal advice and legal representation, it is essential to contact a hard-working and trustworthy Maryland DUI attorney for a free consultation immediately.

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January 7, 2010

Drunk Driving - DUI Charges for Former NHL Star

Throughout the legal career of a Maryland DUI lawyer, it is common to represent multiple celebrities or professional athletes when accused of driving while intoxicated charges, much like the example of former professional hockey player Chris Chelios. He was booked with driving while intoxicated charges, among others on December 28th, 2009. The defenseman was stopped for driving erratically. He was the only passenger in the pick-up truck that was pulled over by law enforcement officials at a traffic stop.

Law enoforcement officials pulled over a pickup truck driven by Chelios at approximately 4:12 a.m. Although a blood alcohol content is not currently available, police suspected that he was driving under the influence of alcohol.

Police towed his vehicle, and the former NHL star was taken to the local police station. There, he was charged, processed, and posted bond for driving while intoxicated. Additionally, he received tickets for improper lane usage and speeding. He posted $300 of a $3,000 bail and was released. The two-time Stanley Cup champion is due in court on February 1st for the aforementioned charges.

Facing DUI charges is a difficult process for anyone to go through regardless of celebrity status. Conviction of a DUI can have life-changing consequences, including loss of driving privileges, fines, and/or jail time. For the best legal advice and legal representation possible, it is important to contact a hard-working and aggressive Maryland criminal lawyer or Maryland DUI attorney immediately.

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December 30, 2009

DUI - Drunk Driving Arrest of NFL Star McCray

Throughout the career of a metropolitan criminal defense attorney, it is likely that professional athletes will be among the clients represented in cases of driving while intoxicated. Undoubtedly, an experienced Maryland DUI lawyer would handle cases similar to the NFL defensive end Bobby McCray who was arrested for driving while intoxicated, as well as other counts. An officer clocked the football player, 28, as exceeding the speed limit around 4:30 in the morning on December 29th, 2009.

McCray was booked into the county jail on drunk driving charges, careless operation of a motor vehicle, speeding, and not having proper registration on him. While he did not resist arrest, he did refuse to take a breathalyzer test. Although McCray had the right to do so, it does come with negative consequences. Refusing to submit to an alcohol test can result of the loss of driving privileges and driver's license suspension. In many states, driving drunk and refusing a breathalyzer test automatically suspends that person's license for a year.

McCray has responded back to the driving while intoxicated charges on his personal Twitter page, alleging that he was "DWP... driving with pizza." The professional athlete maintains that the charges are "bogus," and that he was simply asking the officer why he had to step out of the car during a routine traffic stop. "...he pulled me over for doing 80 in a 60... not to mention I was sober..." McCray wrote.

Facing DUI charges is a scary and difficult process for anyone, regardless of celebrity status or fame. As seen by the McCray case, conviction of driving while intoxicated can carry negative consequences, including loss of driving privileges and jail time. To prevent this from happening, it is important to contact a hard-working Maryland DUI attorney or Maryland criminal lawyer for representation.

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December 13, 2009

DUI Law - Police Officers Hand Out "Double Charges" for DUI Offenders

Every day, Maryland DUI lawyers represent individuals who have been stopped because police officers suspected that they were driving while intoxicated. Police officers will ask the suspected drunk driver to submit to a number of sobriety tests. If the individual refuses to take the breathalyzer test, the police have a difficult decision--do they charge that person with only refusing a breathalyzer test, or do they give them a driving while intoxicated charge as well? Law enforcement officers around the country have debated this for many years. It is current policy that in the situation, the person would receive both charges.

Some avoided this protocol for while before agreeing to it. Automatically giving a double charge when suspecting a motorist of driving while intoxicated, would hinder the officer from handling the situation objectively. Police officers need to seriously analyze the situation and weigh in all evidence before making a charge. While the decision to also administer a DUI charge is ultimately up to the officer, state police departments encourage the double charge.

Over Thanksgiving weekend, police officers nationwide arrested many people for refusing to submit to a breathalyzer test--and had prime opportunity to employ the newly enforced double charge. Included in the group of those arrested is veteran federal prosecutor Gerard B. Sullivan. However, there was just one crucial difference--he was the only one who avoided a DUI charge as well. Two motorists told officers that he appeared "out of it" at a green light and proceeded to swerve continuously and hit curbs. When police caught up with Sullivan, he admitted to driving drunk and was taken to the station. Even though he was the only one that escaped a DUI charge, his job is in serious jeopardy as a result.

Facing criminal charges of driving while intoxicated is an overwhelming and scary process. Conviction of drunk driving will have life altering consequences including the loss of job and driving privileges, fines, and/or jail time. For the best protection of your personal freedoms and liberties, it is important to contact a hard-working and experienced Maryland DUI attorney or Maryland criminal lawyer immediately.

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December 9, 2009

Driving Under the Influence - Pleading "Wet Reckless" Helps Realty T.V. Star Avoid DUI

Practicing law in a metropolitan area, it is common for a Maryland DUI lawyer to represent famous individuals on charges of drunk driving. Examples of cases handled are much like the incident involving reality t.v. star Shayne Lamas, who was arrested for driving while under the influence of alcohol. The Bachelor and Leave it to Lamas star was out on the town with friends, when she willingly drove through a mandatory check-point on her way home. According to her testimony, she believed that she would pass the breathalyzer test. However, when the breathalyzer test indicated that Lamas was over the state legal limit, she was immediately arrested for driving while intoxicated. After a quick night in the drunk tank, Lamas was released the next morning.

Although Lamas was due in court for her misdemeanor driving while intoxicated charges on December 9th, the reality t.v.star decided to take matters into her own hands. Two days before her court appearance, Lamas pled guilty to a lesser charge of "wet reckless" driving instead of a more serious driving while intoxicated charge. "Wet reckless" driving can replace driving under the influence charges when there is a non-injury incident.

However, this is the only break she is likely to receive. Insurance companies treat "wet reckless" driving the same as driving under the influence, and it still counts on a person's record as a DUI if he/she is convicted of another DUI within ten years of the incident. The judge sentenced Lamas to three years of probation and to undergo alcohol education and complete a county run and organized program. This a similar sentence to what many other celebrities have received for their driving while intoxicated charges, including Khloe Kardashian and Lindsay Lohan. Lastly, Lamas was fined $300 for her DUI charges.

Being accused of driving while intoxicated charges is a difficult and scary process for anyone to go through, regardless of celebrity status. Conviction of a DUI will have numerous severe consequences including the loss of driving privileges, fines, and/or jail time. Therefore, it is vital to contact a hard-working Maryland DUI attorney, who will give you the best legal advice and legal representation possible for your case.

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December 8, 2009

Drunk Driving - Driving While Intoxicated Charges Against 'Hills' Star Pratt

Practicing law in a metropolitan area, it is common for a Maryland DUI lawyer to represent a number of celebrity clients who have been accused of driving while intoxicated charges. Cases handled are much like that of reality T.V. star Stephanie Pratt from 'The Hills', who was arrested after police suspected that she was driving under the influence of alcohol.

Pratt, along with the other stars of 'The Hills', was celebrating cast member Holly Montag's twenty-sixth birthday at a downtown hot spot, Empire. After celebrating for several hours, the group decided to relocate. At the end of the night, everyone took their own cars home, including Pratt.Shortly after she drove away, police pulled Pratt over for erratic driving, with suspicions that she had been driving while intoxicated. Pratt took two separate breathalyzer tests--one reading 0.8 and the other 0.9. Although the legal limit is 0.8, the police still arrested Pratt and took her to county jail. She was released the next day on $5,000 bail. By October 28th, Pratt officially received misdemeanor drunk driving charges. If convicted, she faces up to six months in jail and $1,000 fine.

Pratt's drunk driving arrest shows how seriously law enforcement officials treat driving under the influence. Even though the reality star was right on the legal limit to drive, she was still booked on driving while intoxicated charges.

Facing driving while intoxicated charges is an overwhelming process for anyone to go through, regardless of celebrity status. Conviction of a DUI can be life changing and result in the loss of driving privileges, fines, and/or jail time. To prevent your personal liberties and freedoms from being compromised, it is essential to contact an experienced and hard-working Maryland DUI attorney immediately.

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