Recently in Maryland DUI Lawyer Category

June 7, 2011

How I Got to be a Judge at the Colorado DMV, a Maryland DUI Lawyer's First Job

This blog post was written by Maryland DUI lawyer Ed Tayter. Before entering private practice, he was an Administrative Law Judge, where he presided over 15,000 driver's license suspension and revocation hearings. He received his JD and MBA from Washington University in St. Louis and earned his Bachelor of Arts from the University of Michigan. As a Maryland DUI attorney, he is a member of the American Bar Association and the Maryland State Bar Association.

When I first entered law school, I thought that I had a pretty good plan of where I was going with my career. I was going to study business law, get an MBA, get a job as a corporate consultant, and take it from there. Like many plans, this one survived contact with reality for only the shortest of times. I studied business law, got an MBA, and realized that I wanted nothing to do with Corporate America. So, when I graduated law school with a shiny new JD-MBA I had less of an idea of what I wanted to do with my career than when I'd started.

What does a person do when they have a new degree, a small mountain of debt, and no idea of what they want to do? It's obvious, move to Colorado. And that's exactly what I did. No job, no real job prospects, not even barred. In hindsight, this was maybe not the most well thought out course of action, but everything worked out well.

I moved in with Jill, the sister of one of my law school buddies. She had a room for rent in her suburban Littleton townhouse. This was the best roommate situation that I'd ever found myself in. It was such a good roommate relationship that we ended up getting hitched a couple of years later. We've been married almost 6 years and she hasn't asked me to move out yet.

With shelter crossed off my personal Maslow's Hierarchy of Need, I set out to find gainful employment. I learned, much to my dismay that an MBA, a solid legal-business education, a low tolerance for bullshit, and a burning dislike of corporate culture did not make me particularly employable as a business lawyer. So, I started looking for other legal work.

I answered an online ad for an Administrative Judge position with the Colorado Department of Revenue. When I applied, I didn't know exactly what kind of Hearings I was supposed to be conducting. It turned out that the hearings were driver's license suspensions and revocations for Points system violations and DUI cases. I thought to myself, "Well, it beats sucking the Corporate tit" and with those fateful words I accepted the position and became the youngest Hearing Officer at the Department of Revenue.

I had absolutely zero experience with DUI cases; I had never sat in on an administrative hearing, let alone conducted one. Hell, I hadn't even taken administrative law in school. I was also young, fresh out of school, and nervous that anyone would spot that I didn't know what the fuck I was talking about. The first hearing that I conducted, I'm not sure who was more nervous, me or the guy who was about to lose his driver's license for a year.

Fortunately, the training for new Judges at the Hearings section was terrific. One of the Assistant Chief Hearing Officers who had been doing the job for almost 20 years taught me everything I needed to know about DUI law as it applied to driver's license hearings, or at least enough that I could learn the rest as I went. He also gave me perhaps the best advice about working in Government that I've ever heard "Doing a good job in this place is like pissing your pants in a Navy suit, sure it gives you a nice warm feeling, but nobody really notices."

Next time... what I learned about how to lawyer, and more importantly, how not to lawyer, as a DMV Judge.

March 24, 2011

Talking to Police

This blog post was written by , a Maryland criminal defense attorney. Ms. Kirby is a former Assistant State's Attorney in Howard County. Prior to her work in Howard County, she clerked for the Honorable Joseph F. Murphy who sits on the Maryland Court of Appeals. Colleen received her Juris Doctor from the University of Baltimore School of Law.

In the past few weeks, the phrase I find myself repeating more than anything is "stop talking to the police." Individuals call me with concerns that they may have committed a crime and are afraid they will be arrested. It always follows with, "when the police called me, I told them...."

This is one of the most frustrating things to hear because I wish I had been able to step in earlier. The police are NEVER calling you to give you helpful advice as to how to avoid being prosecuted. Everything you say to an officer will be used against you. And in each scenario, the story is the same...."the police told me I would be better off if I cooperated with them."

In one case, a woman was caught with five pounds of marijuana in her car that she was transporting out of downtown Baltimore for a friend. The police stopped her car, did a K-9 scan, and found the marijuana in her trunk after a search. She was told by the police that she would be charged if she didn't sign a written statement about what she was doing with the marijuana. Scared and put on the spot, the woman signed a written statement explaining that she was paid to drive it from Baltimore to "John Smith." The police left and she called me wondering if she should be worried that she is in trouble. One of the detectives was going to call her next week to get more information. The first thing I told her - stop talking to the police. Their motive was not to help her or look out for her best interest. I told her that if the detective, or any officer, called her again that she should tell them she would be happy to cooperate, but to please conduct all communications through her attorney.

In another case, a gentleman called me worried he would be charged with robbery. He'd gotten caught in a situation where a "friend" told the police the gentleman robbed him. He had been talking to the police about what really happened. Again, the first thing I said to him - stop talking to the police. Every word he told them was going to be used against him in SOME way. Sure enough, I got a call three days later from the gentleman. He found out there was a warrant out for his arrest. Not for robbery, but for First Degree Assault. Apparently whatever he said gave the police probable cause to believe this man had committed assault in the first degree.

Even when it comes to DUIs - you have the right to refuse to perform Field Sobriety Tests when asked by an officer and you have the right to call a lawyer before you decide whether to take a breath test at the police station. USE YOUR RIGHTS!

If you take anything away from reading this, please understand this - the police are not talking to you to help you. They are talking to you to gather evidence. Everything you say to them is being recorded in some fashion and will eventually be used against you. Before you speak to the police, call a lawyer.

June 13, 2010

Maryland DUI Attorney: Attorney General's Aide Faces Charges

Carl Snowden, the director of the Office of Civil Rights for the Maryland attorney general's office, was arrested and charged with DUI and other traffic offenses, including driving while impaired by alcohol, negligent driving, failure to obey traffic control devices, and failure to obey designated land directions. This is the third time since 2002 that Snowden finds himself needing the services of a Maryland DUI lawyer.

In 2002, Snowden was charged with DUI and convicted of the lesser charge of driving while impaired and related offenses. He was sentenced to a year's probation and received a $250 fine. He refused a breathalyzer test during that arrest, and his license was temporarily suspended. In 2005, he was again arrested and charged with driving under the influence and negligent driving. In his most recent incident on June 8, 2010, Snowden was arrested and charged with DUI after an officer noticed him driving erratically.

The arresting officer reported that he noticed Snowden's vehicle veering across the center line and straddling the shoulder several times shortly before 1:30 a.m. When the officer pulled Snowden over, he claims he detected the odor of alcohol. Snowden explained that he had only had one drink. The officer had Snowden perform three field sobriety tests and then arrested Snowden on suspicion of DUI. At the police station, a breathalyzer test showed his BAC to be .09, slightly above the legal limit of .08 for DUI and .07 for DWI.

Snowden is not the only public official to recently seek counsel from a Maryland DUI attorney after repeated DUI charges. David A. Jacobs, a lobbyist who has represented the Prince George's County Council and Sheriff's Department, was released in November of 2009 after serving 36 days in jail as required under the terms of his sentence for his seventh DUI conviction. In the accident which led to the conviction, Jacob's BAC was twice the legal limit for DUI, registering at .17.

After Jacobs' most recent DUI conviction, he received a sentence of 28 days in an inpatient alcohol treatment program. Maryland DUI lawyers know that repeated DUI arrests and convictions are may be an indication of alcoholism for which treatment, rather than jail time, is often the more suitable solution.

June 10, 2010

Maryland DUI Attorney: 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.

May 20, 2010

Maryland DUI Attorney: 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.

March 31, 2010

Maryland DUI Attorney: Criminal Charges for Former "Hills" Star After Another DUI Bust

Practicing law in a metropolitan area, it is common for an experienced Maryland DUI lawyer to represent a number of celebrities or famous individuals who have been accused of driving while intoxicated charges. Just because a person is in the public eye, does not mean that they will not be punished if caught drinking and driving, particularly if they have multiple violations against them. In a recent case with similar circumstances, a former reality television star was caught by police drinking and driving for his second alcohol-related infraction in the past month.

"The Hills" reality television star Jason Wahler, 23, was pulled over by law enforcement officials on March 19th. Immediately police officers noticed signs of intoxication--the car and his breath smelled of alcohol, and Wahler was slurring his words. After performing a number of sobriety tests, a breathalyzer test registered his blood alcohol content at 0.19 percent, over double the legal limit of 0.08. Wahler was taken into custody for DUI charges, just a week after another altercation on March 11th, in which Wahler was arrested abroad for getting into a bar fight. If convicted of driving while intoxicated charges, the former reality television star faces up to six months in prison.

Wahler has stated in interviews that he was "very, very ashamed of everything," in reference to his most recent DUI bust and drunken bar fight. However, this is not his first time being accused of drunk driving charges. In one year, the former television personality was arrested four times, in four different states, all on alcohol-related violations. Additionally, Wahler has made stints in rehab and has been a member of Alcoholics Anonymous. According to "The Hills" star, he fell out of contact with his AA sponsor while working on movies and relapsed back into his alcoholism. He also maintained that he returned to meetings this week, and will continue to attend and participate actively.

Facing driving while intoxicated charges is a difficult and overwhelming process for anyone to go through, regardless of celebrity status. As seen by the example of Jason Wahler, repeated convictions of drunk driving charges will have life-changing consequences, including the loss of driving privileges, fines, and/or jail time. To prevent your personal liberties and freedoms from being taken away, it is essential to seek counsel of a hard-working Maryland DUI attorney immediately. Doing so can not only provide the best legal advice and legal representation, but also help ensure the most successful outcome for your case.

March 10, 2010

Maryland DUI Lawyer: Maryland Court Overturns DUI "Double Sentence"

During the legal career of an experienced Maryland DUI lawyer, it is common to represent a number of individuals who have been accused of drunk driving charges, but received multiple sentences. In order to be considered a "repeat offender" by the court, a person would have to be charged in two separate occasions. This definition was recently reinforced by a Maryland court that ruled an individual could not be punished as a repeat offender for two violations of law that occurred at the same time.

Just over two years ago, Eric Washington was pulled over by law enforcement officials for driving erratically--he was weaving between lanes, and made an improper turn. Immediately, the police officer noticed a strong smell of alcohol on his breath, and that Washington's voice was slurring. A number of sobriety tests were administered, including a breathalyzer test. Washington failed all of them, and registered a blood alcohol content level of 0.25, or three times the legal limit. Police arrested him on Maryland DUI charges, as well as driving with a BAC over the limit.

Although both of these charges stemmed from one specific incident, the trial court treated the second charge as a "repeat offense." This would ultimately make Washington's punishment for the crime double, as the sentences would run consecutively, instead of at the same time.

On appeal, Washington's Maryland DUI attorney argued that it was unfair to punish each charge as separate incidents. The Maryland Court of Appeals agreed, using the "rule of lenity" as justification. Under Maryland State Law, "The policy behind the rule is that the Court will not interpret a... criminal statute so as to increase the penalty that it places on an individual, when such an interpretation can be based on no more than a guess as to what (legislature) intended." As there was no available evidence showing that the Maryland General Assembly intended to punish offenders twice in same instance, it was decided that the rule of lenity applied in Washington's case. Therefore, as a result of his Maryland DUI charges, he will serve approximately two years in prison instead of five--cutting his prison sentence in half.

Facing charges of driving while intoxicated is a difficult enough, let alone to be wrongfully considered a "repeat offender." Seeking legal counsel can help provide answers to the questions that an accused individual will undoubtedly have regarding their case. Conviction of a Maryland DUI will have life-changing 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 Maryland DUI lawyer immediately.

March 4, 2010

Maryland DUI Lawyer: 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.

December 30, 2009

Maryland DUI Lawyer: 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.

December 13, 2009

Maryland DUI Lawyer: 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.

December 9, 2009

Maryland DUI Lawyer: 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.

December 8, 2009

Maryland DWI Lawyer: 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.