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.
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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:
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.
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.
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.
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.
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.
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.
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:
The third test administered by the officer is the one-leg-stand test. This test requires a reasonably dry, hard, level, and nonslippery surface. The suspect is instructed to:
- Stand with their feet together and arms at the side, until the instructions are complete
- Raise either leg so their foot is six inches off the ground, keeping the foot parallel to the ground
- Keep both legs straight and arms at their sides
- Hold the position while counting out loud
The officer is required to time it for 30 seconds and to record clues if the subject:
- Puts the foot down
- Raises arms more than six inches from the side of the body in order to keep balance
- Hops
- Sways while balancing
