Maryland Criminal Lawyer

Cops and Shootings and Tasers, Oh My!

2012-02-09T20:41:36Z

Remember the Wizard of Oz and the saying, "lions and tigers and bears, oh my!" The implication was that the three were very scary. Equally scary are cops, shootings and tasers. Tasers are considered to be the "less than lethal alternative" to what... guns? The reason I ask that question is because I have been hearing about countless situations, where tasers are used, that would not have warranted lethal force. From drunk fans running onto playing fields to individuals resisting arrest, the taser has become the method of choice for law enforcement when faced with a less than cooperative suspect. Twenty-four police agencies in Maryland are using tasers and, as of 2009, they have been used over 1,400 times. Ten deaths have resulted from the use of tasers. Recently, I had a client, a 5-3, 100 lbs, eighteen year old girl, tell me that Prince George's County Police Officers barged into her house and entered her bedroom because of a reported 911 call from her residence. One of the officers threatened her with a taser as she hid under her bed sheets. Prince George's County Police Officers are of course the same law enforcement officers that shot two Labrador Retrievers while conducting a raid at the wrong address.

]]> This week a Baltimore jury decided that a Frederick County sheriff's deputy was not liable for a man's death in November 2007. The case was a wrongful-death lawsuit which is a civil trial. The $145 million wrongful-death lawsuit was filed in 2008 by the Frederick man's family against Frederick County, the sheriff and the deputy. The Frederick County attorney contended that what happened was not the fault of the county or deputy and that the sheriff's deputy used his taser appropriately. The county attorney's contention was based on his claim that there was no medical evidence or medical opinion showing that the tasing caused the man's death. The medical examiner ruled the cause of death to be undetermined, but said the death resulted from restraint and alcohol intoxication. In fact, defense attorneys argued that the death resulted from an irregular heartbeat caused by unaccustomed binge drinking.

The plaintiff's attorneys argued that excessive force was used and that the man was obeying officer's commands. According to the wrongful-death lawsuit, the Frederick County man was not committing any crime when the officer arrived. The deputy was responding to a noise complaint and found three men in an altercation. The deputy claimed that he tased the deceased individual because he did not show his hands. Ultimately, the jury ruled that the officer used only enough force to protect himself. The jury forewoman told reporters that the jury found, "It was not an intentional act and it was not a wrongful act buy the officer to do what he did". The family was seeking $145 million in damages for wrongful death, use of excessive force and violation of civil rights. The family of the deceased man may appeal. I am not so sure the jury reached the right decision in this Frederick County injury case. However, I am sure that juries throughout Maryland and Virginia will soon be presented with personal injury claims resulting from cops, shootings and tasers.

Federal Jurisdiction in Maryland DUI and DWI Cases

2012-01-06T19:46:34Z

There are many areas in Maryland that are considered federal enclaves. In these areas Maryland's implied consent laws are at issue. What laws apply in federal enclaves depends upon whether the land is under one of the following:

1. Exclusive federal jurisdiction or concurrent federal and state jurisdiction

2. The jurisdiction of the National Park Service

National Park Service properties, including Baltimore-Washington Parkway and Suitland Parkway, are patrolled by the United States Park Police. There are specific federal regulations governing conduct on these roads. For instance, refusal of a breath test is made a crime by 36 C.F.R. § 4.23(C)(2). There are no administrative sanctions for refusals or what would be administrative per se violations under National Park Service regulations. Therefore there will be no MVA hearing or automatic suspension. Unfortunately, there is no possibility of a probation before judgment in this type of Maryland DUI case. Some portions of these federal enclaves are under concurrent jurisdiction, and suspected drunk drivers who are arrested by county or state police officers are subject to Marylands implied consent laws.

Where the land is federal, but not under the jurisdiction of the National Park Service, including Andrews Air Force Base and Fort Meade, the substance and penalties of Maryland DUI law are incorporated into federal law by the Assimilative Crimes Act, 18 U.S.C.A. § 3118. Because of this incorporation, persons arrested for drunk driving in these areas do have the possibility of a federal judge granting them a probation before judgement disposition. If you have been arrested for DUI or DWI on federal land contact the experienced Maryland DUI attorneys and Maryland DWI lawyers at Portner & Shure.

Maryland DUI and DWI 2010 Statistics by County

2011-12-09T14:31:38Z

Our Maryland DUI lawyers represent individuals charged with drinking and driving offenses throughout the State of Maryland. Our experienced DUI attorneys have represented clients in almost every jurisdiction in Maryland including Baltimore County, Baltimore City, Howard County, Carroll County, Anne Arundel County, Montgomery County, Prince George's County, Harford County, Talbot County, Kent County, Worcester County, Washington County, Frederick County, Cecil County, Worcester County, Calvert County, Charles County and Queen Anne's County.

Each Maryland jurisdiction varies in the amount of DUI and DWI arrests that occur each year and how the cases are resolved. The following is a breakdown of Maryland DUI and DWI cases by jurisdiction for 2010, including the statistical breakdown of case dispositions:

]]> Montgomery County - 3,512 DWI and DUI cases filed. There were 5,324 cases tried in 2010 resulting in: 1,858 Guilty verdicts, 98 Not Guilty verdicts, 2,585 Probation Before Judgment (PBJ) verdicts, and 1,029 "other" verdicts (which include Dismissed Cases, Nolle Prosequi, Stet, Merged Cases, Jury Trial Prayers, and Miscellaneous Others)

Prince George's County - 2,733 DWI and DUI cases filed. There were 2,206 cases tried resulting in: 75 Guilty, 34 Not Guilty, 185 PBJ, and 1,912 other - 1,425 of which were closed as Nolle Prosequi.

Baltimore County - 2,459 DWI and DUI cases filed. There were 2,563 cases tried resulting in: 715 Guilty, 86 Not Guilty, 1,312 PBJ, and 450 other.

Anne Arundel County - 2,009 DWI and DUI cases filed. There were 2,468 cases tried resulting in: 590 Guilty, 74 Not Guilty, 1,200 PBJ, and 604 other.

Howard County - 1,440 DWI and DUI cases filed. There were 1,694 cases tried resulting in: 337 Guilty, 41 Not Guilty, 943 PBJ, and 373 other.

Baltimore City - 982 DWI and DUI cases filed. There were 969 cases tried resulting in: Guilty, Not Guilty, PBJ, and other.

Carroll County - 935 DWI and DUI cases filed. There were 816 cases tried resulting in: 156 Guilty, 36 Not Guilty, 424 PBJ, and 200 other.

Harford County - 909 DWI and DUI cases filed. There were 1,094 cases tried resulting in: 461 Guilty, 19 Not Guilty, 484 PBJ, and 130 other.

Frederick County - 900 DWI and DUI cases filed. There were 1,027 cases tried resulting in: 273 Guilty, 16 Not Guilty, 448 PBJ, and 290 other.

Charles County - 794 DWI and DUI cases filed. There were 1,135 cases tried resulting in: 376 Guilty, 13 Not Guilty, 513 PBJ, and 233 other.

Worchester County - 662 DWI and DUI cases filed. There were 1,053 cases tried resulting in: 439 Guilty, 36 Not Guilty, 482 PBJ, and 96 other.

Washington County - 642 DWI and DUI cases filed. There were 859 cases tried resulting in: 267 Guilty, 4 Not Guilty, 387 PBJ, and 201 other.

Calvert County - 626 DWI and DUI cases filed. There were 968 cases tried resulting in: 285 Guilty, 16 Not Guilty, 510 PBJ, and 157 other.

Cecil County - 585 DWI and DUI cases filed. There were 285 cases tried resulting in: 41 Guilty, 7 Not Guilty, 65 PBJ, and 172 other.

St. Mary's County - 510 DWI and DUI cases filed. There were 736 cases tried resulting in: 376 Guilty, 13 Not Guilty, 307 PBJ, and 109 other.

Wicomico County - 489 DWI and DUI cases filed. There were 818 cases tried resulting in: 275 Guilty, 18 Not Guilty, 317 PBJ, and 208 other.

Allegany County - 341 DWI and DUI cases filed. There were 557 cases tried resulting in: 219 Guilty, 2 Not Guilty, 232 PBJ, and 206 other.

Queen Anne's County - 321 DWI and DUI cases filed. There were 583 cases tried resulting in: 227 Guilty, 8 Not Guilty, 222 PBJ, and 126 other.

Talbot County - 276 DWI and DUI cases filed. There were 372 cases tried resulting in: 99 Guilty, 56 Not Guilty, 155 PBJ, and 62 other.

Caroline County - 258 DWI and DUI cases filed. There were 308 cases tried resulting in: 125 Guilty, 10 Not Guilty, 74 PBJ, and 99 other.

Dorchester County - 182 DWI and DUI cases filed. There were 225 cases tried resulting in: 97 Guilty, 13 Not Guilty, 59 PBJ, and 56 other.

Garret County - 181 DWI and DUI cases filed. There were 297 cases tried resulting in: 77 Guilty, 3 Not Guilty, 129 PBJ, and 88 other.

Somerset County - 167 DWI and DUI cases filed. There were 195 cases tried resulting in: 68 Guilty, 5 Not Guilty, 83 PBJ, and 39 other.

Kent County - 119 DWI and DUI cases filed. There were 179 cases tried resulting in: 60 Guilty, 6 Not Guilty, 72 PBJ, and 41 other.

Drunk driving charges are declining in Maryland. A total of 22,032 DWI's and DUI's were filed in 2010, down from 23,904 in 2009, and 25,466 in 2008.

What Criminal Activity Triggers Inadmissability of a Foreign National for Visas and Entry Into the Country?

2011-11-15T14:39:41Z

An individual can be barred from extending their status, changing their status, applying for permanent residency or entering the United States if they are outside the United States for any of the following:

Conviction for, or admits to having committed, or admits to acts comprising essential elements of a crime of moral turpitude.
Conviction for, or admits to having committed, or admits to acts comprising a violation of law relating to a controlled dangerous substance.

There are exceptions to the grounds for inadmissability. These exceptions include crimes involving moral turpitude where the maximum possible sentence is less than one year and the sentence imposed is less than six months. A single offense for simple possession of 30 grams or less of marijuana is also not grounds for inadmissability. Of particular concern are the crimes of "moral turpitude". Moral turpitude refers generally to conduct that shocks the public conscience. Offenses such as murder, voluntary manslaughter, kidnaping, robbery, and aggravated assaults involve moral turpitude. However, assaults not involving dangerous weapons or evil intent have been held not to involve moral turpitude. An experienced Maryland criminal defense attorney and Maryland DUI lawyer can negotiate a plea with the State that eliminates charges involving "moral turpitude" in exchange for guilty pleas for crimes which carry less or no potential for inadmissability. In addition, a skilled Maryland criminal defense attorney and Maryland DUI lawyer can often argue successfully for a probation before judgment or stet disposition that allows a defendant to avoid a criminal conviction and the resulting immigration consequences.

What Crimes Trigger Deportability of a Foreign National?

2011-11-15T13:53:00Z

An individual who is in the United States pursuant to a valid lawful status is subject to deportation if a criminal arrest results in the following:

A conviction for a single crime involving moral turpitude that was committed within five years of admission and is punishable by imprisonment of at least one year.
Convictions for two or more crimes involving moral turpitude not arising from a single scheme of misconduct.
Conviction for an aggravated felony at any time after admission into the United States.
A conviction for failing to register as a sex offender.
A conviction for a violation of a federal, state, or foreign law or regulation relating to a controlled substance.
A conviction relating to a firearm or other destructive device.
A conviction for an offense related to espionage, sabotage or treason.
A conviction under the Military Selective Service Act or Trading with the Enemy Act.
A conviction for high speed flight from an immigration checkpoint.
A conviction for an offense related to launching an expedition against a country with which the United States is at peace.
A conviction for a crime of domestic violence, stalking, child abuse, child neglect or child abandonment.
A conviction relating to human trafficking.

]]> Violations of protective orders related to violence or harassment may also trigger deportability. Of particular concern are the crimes of "moral turpitude". Moral turpitude refers generally to conduct that shocks the public conscience. Offenses such as murder, voluntary manslaughter, kidnaping, robbery, and aggravated assaults involve moral turpitude. However, assaults not involving dangerous weapons or evil intent have been held not to involve moral turpitude. An experienced Maryland criminal defense attorney and Maryland DUI lawyer can negotiate a plea with the State that eliminates charges involving "moral turpitude" in exchange for guilty pleas for crimes which carry less or no potential for deportability. In addition, a skilled Maryland criminal defense attorney and Maryland DUI lawyer can often argue successfully for a probation before judgment or stet disposition that allows a defendant to avoid a criminal conviction.

Criminal Offenses and Their Consequences on Immigration Status

2011-11-09T21:37:24Z

An individual's immigration status or ability to obtain status can be damaged by a criminal conviction. Criminal offenses and their affect on immigration status can be placed into one of three main categories:

Deportability Grounds - An individual who is in the United States pursuant to a valid lawful status is subject to deportation.
Inadmissability Grounds - An individual can be barred from extending their status, changing their status, applying for permanent residency or entering the United States if they are outside the United States. If an individual entered the United States without inspection, he or she will be deemed inadmissible and placed in removal proceedings.
Aggravated Felonies - If an individual is convicted for an aggravated felony he or she can be deported. An aggravated felony conviction can also prevent an individual from changing status, becoming a resident or applying for relief from removal. In some instances misdemeanors are considered aggravated felonies.

Impact on immigration status is not limited to these three categories. Individuals convicted of a particularly serious crime may be barred from applying for asylum. An individual convicted of two misdemeanors or a felony can be barred from extending or applying for temporary protected status. In addition, criminal conduct can bar an individual from applying for citizenship because it requires a showing of good moral character within the five years proceeding the application. If you our someone you know has been charged with a crime that could effect immigration status contact Portner & Shure.

Spanish Speaking Maryland Criminal Clients and Their Right to be Warned of Possible Deportation

2011-11-03T19:28:25Z

All Spanish speaking defendants should be aware that before you plead guilty to a criminal charge, you must be advised that your guilty plea could lead to deportation. Maryland's Court of Appeals just ruled that a guilty plea for assault charges must be thrown out because neither the Court, nor defense counsel, advised defendant, Mark Denisyuk of the possible deportation consequences of his guilty plea.

The Court of Appeals held that defendants have the right to weigh the risk of significant jail time verse the certainty of deportation. If you are a Spanish speaking defendant and are illegal, you should ask about the deportation consequences of a plea. Do not be surprised if both the Court and an inexperienced criminal lawyer forget to go over this with you. In fact, in this particular case, immigration agents took the defendant into federal custody after his plea and began deportation proceedings.

What is the Difference Between DUI and DWI in Maryland?

2011-10-25T17:05:05Z

The acronym DWI stands for driving while impaired and is a lesser charge when compared with DUI, which stands for driving while under the influence. DUI in Maryland is considered the "A" charge and DWI in Maryland is considered the "B" charge. A suspect is charged with DWI in cases of impairment by drugs, other dangerous substances, or alcohol at a level of .07 blood alcohol content (BAC). A suspect is charged with DUI in drunk driving cases if it is determined that the suspect's BAC was .08 or higher. Usually, individuals accused of drunk driving offenses are given citations for both DWI and DUI. If there is no breath result or the breath result is between .07 and .08, the State will typically proceed with a DWI. If the result of the breath test is .08 or higher, the State may proceed on the DUI charge. Our Maryland DUI attorneys often negotiate plea offers that lower the charge to DWI even when the defendant's BAC is over .08. At the very least, our Maryland DUI lawyers will not allow the State's Attorney to proceed on a DUI charge if the State does not possess sufficient evidence.

MVA Hearings in Maryland DUI Cases

2011-10-25T16:50:58Z

If a person accused of drinking and driving in Maryland refused the breath or blood alcohol test or the test resulted in an alcohol level of .08 or more, his or her license is subject to automatic suspension. To prevent automatic suspension of a license, a person charged with DUI in Maryland must request a hearing with the Maryland Motor Vehicle Administration (MVA) within 10 days of arrest. Maryland police will confiscate a Maryland license from a driver upon arrest for a drunk driving charge and issue a temporary license to drive. The temporary license is valid for 45 days, starting from the day of arrest. On the 46th day, the license automatically expires. Attached to the temporary license is a form which looks like a copy of the temporary license. The copy is a form to request an administrative hearing. It must be completed and mailed or deliver the hearing request form to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, MD 21031-1301. A request for an MVA hearing requires a $125 filing fee which must be submitted with the request.

Everyone is entitled to an MVA hearing. The MVA hearing is an administrative legal proceeding allowing the accused to present his or her side of the story before any decisions are made regarding driving privileges. When evaluating a DUI arrest in Maryland, the Administrative Law Judge will look at the following issues:

]]> 1. Whether the police officer who stops or detains a person had reasonable grounds to believe the person was driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction?

2. Whether there was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance?

3. Whether the police officer requested a test after the person was fully advised, as required, of the administrative sanctions that shall be imposed?

4. Whether the person refused to take the test?

5. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of .08 or more at the time of testing?

6. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of .08 or more at the time of testing?

7. If the hearing involves disqualification of a commercial driver's license, whether the person was operating a commercial motor vehicle or held a commercial driver's license?

If, after examining the evidence and evaluating the issues presented, the Administrative Law Judge finds that the State established that the accused was in fact driving under the influence of alcohol and was fully advised, then the ALJ may revoke the license. If the license is revoked, then a modification of suspension can be requested for work, school and medical necessities. Ignition interlock can also be requested at a hearing for those who are found to be driving with a BAC over .15 or who refused the test. The decision of the ALJ can be appealed to the Circuit Court for Maryland.

Howard County DUI Attorney

2011-10-14T20:28:07Z

If you are arrested for a DUI in Howard County, you need access to an attorney who knows the local courts and has considerable past DUI experience. You need to be assured that when you hire your Howard County DUI law firm, you are in competent, experienced and qualified hands. In your search for the right Howard County DUI attorney, your research will have been a success if you call attorney, Jon Portner, Kevin Ruby or Nick Parr at Portner & Shure to discuss.

The DUI Team at Portner & Shure understands that the best DUI case results don't necessarily come in the courtroom. In order to succeed a proper invesitgation must be conducted in the early stage of the process, then discovery. Our DUI legal team has a desire to win and does not back down to the Howard County State's Attorneys office, unlike some other DUI firms. We prepare extensively for DUI cases and treat these cases with the utmost importance. A desire to win and exceptional preparation have enabled us to obtain an excellent track record in the Howard County District Court and the Howard County Circuit Court.

]]> Our reputation in Howard County places us among our peers at or near the top in both negotiation and trying DUI cases. You are not a real DUI litigation firm unless you excel at both.

Combined Mr. Ruby, Mr. Portner, and Mr. Parr have negotiated and/or tried thousands of driving under the influence cases throughout Maryland. Mr. Portner has considerable experience and a proven track record in both Howard County courts.

In an attempt to be the best DUI attorneys in Howard County, the DUI team at Portner & Shure constantly works to improve their knowledge in the DUI arena and educate others. In this regard, Mr. Portner and Mr. Parr have researched and written numerous blogs concerning driving under the influence stops, DUI field sobriety tests, and DUI survelliance.

The passion of our DUI trial team displays in and out of the courtroom, as well as our advocacy experience and belief in our clients, has enabled us to convince Judges, Juries, and even State's Attorneys to see the case from our prospective. Call Portner & Shure for your Howard County DUI representation, and experience our winning team.

Portner & Shure handles Howard County DUI cases throughout the county including, Columbia, Ellicott City, Clarksville, Fulton, Laurel, Glenelg, Jessup, and Sykesville.

Reading Texts While Driving Now Banned in Maryland

2011-10-05T15:24:41Z

Starting October 1, 2011, reading a text message or an email from behind the wheel will cost a driver up to $500 in fines. Maryland's new law, barring the reading of texts while driving, clarifies the existing texting while driving rules. Up until this point, drivers were barred from writing text messages while driving but were allowed to read them. Law enforcement authorities have already commented that police officers will begin enforcing the law immediately.

Police in Maryland have issued 587 warnings and 379 traffic citations for texting while driving and 4,021 warnings and 5,227 traffic citations to drivers talking on cell phones since the initial ban was put in place two years ago. The law still provides an exception for drivers who are texting emergency operators or using phone GPS systems.

Drivers who are ticketed can still choose to pay a $70 fine an accept guilt, which would add a point to their license; if the texting leads to an accident, accepting guilt would mean paying a $110 fine and three points on the license. If a driver chooses to contest the ticket in court, that individual runs the risk of being found guilty of a misdemeanor and having to pay up to a $500 fine. If you have been charged with a serious traffic offense or DUI contact the Maryland crimial defense attorneys and Howard County DUI lawyers at Portner & Shure.

Pretrial Identification Using a Photo Array Triggers Constitutional Issue

2011-09-26T16:14:52Z

Recently, I represented a client who was facing multiple burglary charges in Prince George's County Circuit Court. He was arrested after the victim picked his photo out of a photo array. The materials provided to me by the State through discovery cast doubt on the reliability of the victim's pretrial identification of the suspect and the procedure used by the Prince George's County police.

The Constitutional right to due process forbids any pretrial identification procedure that is unnecessarily suggestive and conducive to irreparable mistaken identification. All lineups and showups must be conducted in a fair and impartial manner. Suggestivity is evaluated by courts under the totality of the circumstances surrounding the pretrial identification. Factors to be considered in evaluating the reliability of an identification are:

The witness's opportunity to view the criminal at the time of the crime
The witness's degree of attention
The accuracy of the witness's prior description of the criminal
The level of certainty demonstrated by the witness at the confrontation
The length of time between the crime and the confrontation
The corrupting effect of the suggestive identification

]]> In my client's case I noticed several red flags immediately after reviewing discovery. First, the burglary occurred at night. I suspected that the home was not well lit (I would later discover that the only light on was the television). Second, the witness's description of the suspect was limited to an 18 year old African American male wearing a black coat. Third, the procedure used by the Prince George's County police was unduly suggestive.

Law enforcement should follow guidelines when conducting a photo array. The photo array should include the suspect and other individuals similar in appearance to the suspect; the witness should be presented with at least six different photos; there should be a double-blind administration (the person conducting the photo array should not be aware of who the actual suspect is); the witness should be given thorough instructions; and photos should be viewed sequentially not simultaneously. The victim in my client's case was presented with six photo's. Out of the six photo's only two of the men depicted were wearing black coats. One of them was my client. There was also no indication in the discovery material as to how my client was determined to be a suspect nor did the discovery material show that the police followed any type of procedure when conducting a photo array. As a result of my analysis I filed a Motion to Suppress the Pretrial Identification with the Circuit Court for Prince George's County.

The Motion Hearing was continued several times. Once because of a family emergency and once because of flooding (a Hicks Date issue was starting to come into play but that is a story for another day). Eventually, the State prepped the witness for the Motions Hearing. The State's Attorney asked the witness the same exact questions I would have asked if given the opportunity. What I suspected was true. The witness's identification of my client was due to the facts that he was depicted in a black coat and had darker skin then the men in the other photos. In addition, his opportunity to view the suspect was in a poorly lit room for a short period of time.

Throughout the entire process several plea offers were made by the State. My client was facing the possibility of several years behind bars. My client maintained his innocence. If the motion to suppress was not filed, the pretrial identification of my client by the witness could have been entered into evidence by the State. Instead, because the issue was brought to the State's attention, and the prosecutor agreed that the pretrial identification was unduly suggestive, the charges were dropped. If you or someone you know is charged with a crime or serious traffic offense contact the Prince George County criminal defense attorneys and DUI lawyers at Portner & Shure.

I have a commercial driver's license and was pulled over for DUI/DWI. Is there something different I need to do now?

2011-09-23T14:34:50Z

Yes. Individuals who have a commercial driver's license are governed by the guidelines of the Department of Transportation. Under Title 49 CFR Part 40 guidelines, a person who tests positive on a drug or alcohol test is required to have a substance abuse evaluation conducted by a substance abuse professional (SAP) and to follow the SAP's treatment recommendations.

The SAP is required to provide a comprehensive face-to-face assessment and clinical evaluation to determine what level of assistance the person needs in resolving problems associated with alcohol use.

Prior to the employee's return to safety-sensitive duties, DOT regulations require the SAP to perform a follow-up evaluation with the employee.

If you have a DUI and a commercial driver's license in Howard County, Maryland our DUI attorneys refer clients to Eileen Dewey at the Columbia Addictions Center who is trained and qualified in the SAP guidelines.

TEN THINGS OFFICERS ARE LOOKING FOR BEFORE THEY PULL A DRUNK DRIVER OVER FOR DRUNK DRIVING

2011-09-21T18:03:33Z

Before a Maryland or Virginia police officer pulls someone over for possibly DUI, he has been watching that driver closely. Specifically, the officer is trained to look for several clues. The clues are derived from the research of the National Highway Traffic Administration (NHTSA). A few of the clues drivers should be aware of include:

1. Effectuating an improper turn (turns with too large/small a radius)

2. Repeatedly crossing the double yellow line

3. Striking objects on the roadway

4. Excessive weaving or swerving between lanes, erratic driving

5. Driving too slow, below speed limit, or too fast

6. Stopping in a traffic lane without reason

7. Following too closely behind the vehicle in front

8. Braking vehicle in lane of travel erratically or without cause

9. Signaling inconsistent with driving actions

10. Driving with vehicle headlights off

After the officer pulls the driver over he his obviously looking for signs of alcohol use. Therefore, he will attempt to engage the driver in a dialogue in order to monitor speech pattern and to smell for alcohol. The officer will then note the drivers physical appearance, make note if the car smells like alcohol and look for any open containers.

Once you are in this position be polite and courteous. There's always the chance the officer will release the driver with a warning instead of going right to field sobriety tests, or asking the driver to come to the station for a Breathalyzer test.

In short, don't drive drunk. However, if you have had a bit to many,be aware of the ten things officers are looking for before they pull a driver over for drunk driving. Additionally, once you are pulled over be cooperative.

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 visit us on the web at www.portnerandshureaccidentlawyers.com.

DUI/DWI Walk-and-Turn Test

2011-09-16T21:29:51Z

The second test the officer will administer is the walk-and-turn test. The test conditions required are:

A designated straight line
A reasonably dry, hard, level, nonslippery surface
Sufficient room for the suspect to complete nine heel-to-toe steps

The subject is asked if they have a physical problems. Then the subject is instructed to stand with their left foot on the line, and to place their right foot directly in front of it, heel to toe. The suspect is instructed to hold that position while the officer gives instructions. Behavior during this period can be used to show impairment. One of the most common mistakes is beginning the test before instructed to do so. Like raising your hand in class before the teacher asks the question, this mistake is a clue of impairment. Before the test the officer will give the following instructions:

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"When I tell you to start, take nine heel-to-toe steps, turn, and take nine heel-to-toe steps back." (The officer should demonstrate three heel-to-toe steps.)

"When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot, like this." (The officer will demonstrate the most awkward turn, in court the judge can be convinced of the ridiculousness of this turn and this clue may be disregarded.)

"While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud." (What the officer does not say is that if a suspect raises their arms more than six inches from their side or leave a gap of more than one half inch between steps those will be checked off as clues of impairment.)

"Once you start walking, don't stop until you have completed the test."

"Do you understand the instructions?"

"Begin and count your first step from the heel-to-toe position as 'One.'"

There are eight standardized clues for the walk-and -turn test. The include the following:

Inability to maintain the instructional heel-to-toe stance
Starting before the officer instructs to begin
Missing heal to toe by more than one half inch on any step
Stepping off the line
Raising either arm six or more inches from the side
Counting the wrong number of steps
Stopping while walking
Turning in a manner other than instructed

Judges are reasonable and are supposed to be objective. The walk-and-turn test is difficult to preform error free, while sober, under perfect conditions. Often this test is administered on busy highways, at night, with traffic flying by, and the suspect my be nervous and experiencing extreme anxiety. Some traffic stops are videoed. If a video tape exists your Maryland DWI attorney must obtain it through discovery. Often these videos show that the suspect did not perform the test as poorly as the police officer indicates, sometimes they don't. Any factor that compromises the individual's ability to perform the test, such as age, health, footwear, etc., should be conveyed to the judge by an experienced Maryland DUI lawyer.