Probation Before Judgment (PBJ). Always a Good thing in a DUI/DWI Case?

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Maryland's PBJ Statute provides that,

"[W]hen a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings and place the defendant on probation subject to reasonable conditions if the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea. CP§220(b) (1).

A recent case, Motor Vehicle Administration vs. Jaigobin, No. 89, Sept. Term 2009, looked at whether a drivers commercial drivers license should still be suspended for one year after he was given a Probation Before Judgment (PBJ). The defendant Leonard Jaigobin was charged with driving while under the influence perse. He was found guilty, but was given a PBJ. Thereafter, he was issued a notice from the Motor Vehicle Administration indicating his commercial drivers license would be disqualified for one year pursuant to TR 16-812. The issue was whether a PBJ is considered a "conviction" under the Transportation Code. Maryland's highest court held that it was and Jaigobin's commercial license was disqualified for one year.

It is important to know all the ramifications of a PBJ. Many Maryland DUI/DWI attorneys do not. If you have any questions about whether a PBJ is the right deal for you in your DUI/DWI case, call our Maryland DUI/DWI attorneys at Portner & Shure for a free consultation.

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