Second Offense Drunken Driving Sentences

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Be careful when receiving advice from an attorney or even a judge on what your probable sentence should be in a second offense DWI or DUI. Both, if not experienced in this area may steer you wrong. Just last month a Circuit Court Judge in Anne Arundel County, Judge Silkworth, gave a repeat offender a probation before judgement (a result that spares him a conviction). The defense attorney in the case requested it, and even the State's Attorney initially went along. The problem is the sentence violates a 2009 law that states you may not be awarded a probation before judgment if you have received one during the last ten years. The Defendant, Carl Snowden, a former Annapolis alderman, had received a PBJ in 2003.

Hopefully, this defendant did not plead guilty because his counsel indicated he would receive this result. On motions, the PBJ will most likely be withdrawn by the Court, the defendant will get a conviction and lose his license. Perhaps, these situations can be averted if all uninvolved understand the current changes to Maryland's DUI/DWI laws.

If you, a family member or someone you know has been convicted of driving under the influence or if you would like more information on automobile accidents, please contact Portner & Shure.


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