Friday, October 31, 2014

Maryland DUI Lawyers Baltimore Probation Restricted License

Have you been charged with DUI in the State of Maryland?


Are you concerned about the consequences of being charged with DUI in the state of Maryland?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a crime of DUI in the state of Maryland.
If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Peter v. State

Facts:

The court granted a writ of certiorari to determine whether the Circuit Court of Baltimore (Maryland) was within its authority in imposing a sentence for defendant's conviction for two counts of driving under the influence (DUI), which specified that she could not drive during a hree-year probation, even if her license was reinstated by the state Motor Vehicle Administration.

If you are facing a traffic case in the State of Maryland, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Maryland Court made the following holding:

  • Md. Code Ann., Transp. § 16-208(a) provides that the state Motor Vehicle Administration (MVA) may not suspend a license or privilege to drive for a period of more than one year. The exceptions to this one-year limit are set forth with particularity in such provisions as Md. Code Ann. Transp. § 16-208(a)(2), which permits the MVA to suspend for an indefinite period the license or privilege of any individual who cannot drive safely because of his physical or mental condition; and Md. Code Ann., Transp. § 16-404(c)(2), which authorizes various periods of suspension for the accumulation of points based on repeated convictions for violations of drinking and driving laws. Section 16-404(c)(2) authorizes the MVA to suspend the license of a driver against whom a designated number of points has been assessed for violations of Md. Code Ann. Transp. §§ 21-902(b) or (c), driving under the influence of alcohol or drugs. The legislature has restricted the duration of such suspensions as follows: (i) For a first conviction, not more than 6 months; (ii) For a second conviction at least 5 years after the date of the first conviction, not more than 9 months; (iii) For a second conviction less than 5 years after the date of the first conviction or for a third conviction, not more than 12 months; and (iv) For a fourth or subsequent conviction, not more than 24 months.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Contact our law firm today to speak with a lawyer today. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Wednesday, October 29, 2014

Maryland DUI Lawyers Baltimore Driving Influence Alcohol

Have you been charged with DUI in the State of Maryland?


Are you concerned about the consequences of being charged with DUI in the state of Maryland?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a crime of DUI in the state of Maryland.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

William v. State

Facts:

The matter involved two separate appeals consolidated for oral arguments. The first appeal was taken by defendant from an order of the Circuit Court in Baltimore (Maryland) denying his motion to dismiss, on grounds of double jeopardy, charges of driving while intoxicated (DWI) and driving while under the influence of alcohol (DUI). The second appeal was taken by the State from a subsequent order dismissing those two charges.

If you are facing a traffic case in the State of Maryland, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Maryland Court made the following holding:

  • Negligent driving is a lesser included offense within the greater offense of manslaughter by automobile. Negligent driving is also a lesser included offense within the greater offense of homicide by motor vehicle while intoxicated.
  • A trial court has jurisdiction for purposes of double jeopardy when it has jurisdiction over the subject matter and the person of the defendant. For double jeopardy to have effect the action which bars a second prosecution must be one instituted in a court which has the power to convict and punish the person prosecuted for his criminal conduct.



If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Contact our law firm today to speak with a lawyer today. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Maryland DUI Lawyers Baltimore Driving Influence Drugs

Have you been charged with DUI in the State of Maryland?


Are you concerned about the consequences of being charged with DUI in the state of Maryland?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a crime of DUI in the state of Maryland.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Chester v. State

Facts:

Defendant sought review of the judgments from the Circuit Court for Baltimore (Maryland), which convicted him of driving while under the influence (DUI) of drugs in contravention of Md. Ann. Code art. 66 1/2, § 11-902(a), and possession of barbiturates.

If you are facing a traffic case in the State of Maryland, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Maryland Court made the following holding:

  • An appellate court cannot be precluded from determining whether the circumstances under which a confession is made were such that its admission in evidence amounts to a denial of due process. What is meant by the obligation to make an independent, reflective constitutional judgment on the facts whenever a claim of a constitutionally-protected right is involved is that, although the appellate court gives great weight to the findings of the hearing judge as to specific, first-level facts (such as the time that an interrogation began, whether a meal was or was not served, whether a telephone call was requested, etc.), the appellate court must make its own independent judgment as to what to make of those facts; the appellate court must, in making that independent judgment, resolve for itself the ultimate, second-level fact -- the existence or non-existence of a bona fide inventory.
  • An essential requirement to a valid inventory search is that the police must have acted in good faith in conducting the inventory, and must not have used the inventory procedure as a subterfuge for a warrantless search. Where the conduct of the police was inconsistent with its contention that the search was conducted for inventory purposes, the search was unlawful.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Contact our law firm today to speak with a lawyer today. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Monday, October 27, 2014

Maryland DUI Lawyers Baltimore Driving Influence Penalty

Have you been charged with DUI in the State of Maryland?

Are you concerned about the consequences of being charged with DUI in the state of Maryland?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a crime of DUI in the state of Maryland.
If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

James v. State

Facts:

Defendant was convicted in the Circuit Court in Baltimore of driving under the influence of alcohol (DUI) per se, and was sentenced. The docket entries indicated that defendant was also convicted of driving under the influence of alcohol, driving while impaired, failing to drive right of center, and driving an uninsured vehicle (additional charges), and that these additional charges were merged at sentencing. Defendant appealed.
If you are facing a traffic case in the State of Maryland, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Maryland Court made the following holding:

  • Under the required evidence test, if all of the elements of one offense are included in the other so that only the latter offense contains a distinct element, the former merges into the latter. If each offense requires proof of a fact or an element that the other does not, there is no merger under the required evidence test. However, even when two offenses are separate under the required evidence test, there may still be merger under the rule of lenity. The rule of lenity, applicable to statutory offenses only, provides that where there is no indication that the Maryland legislature intends multiple punishments for the same act, a court will not impose multiple punishments but will, for sentencing purposes, merge one offense into the other. Under the rule of lenity, the offense carrying the lesser maximum penalty will merge into the offense carrying the greater maximum penalty.
  • Driving under the influence per se is not a lesser included offense of driving under the influence. It is a separate offense, as both driving under the influence and driving under the influence per se each have an element not found in the other. The criminal per se law is intended to supplement the existing prohibitions.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Contact our law firm today to speak with a lawyer today. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Maryland DUI Lawyers Baltimore Accident Scene Driving Influence

Have you been charged with DUI in the State of Maryland?


Are you concerned about the consequences of being charged with DUI in the state of Maryland?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a crime of DUI in the state of Maryland.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Williams v. State

Facts:

Defendant appealed his convictions and sentences from the Circuit Court in Baltimore (Maryland) for murder in the second degree, manslaughter by motor vehicle, driving under influence (DUI) and leaving the scene of a fatal accident

If you are facing a traffic case in the State of Maryland, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Maryland Court made the following holding:

  • The "overall question" to be decided in manslaughter by motor vehicle cases is stated as: was the conduct of defendant, considering all the factors of the case, such that it amounted to a wanton or reckless disregard for human life.
  • To drive while simply under the influence, to the extent that one is incapable of safely driving his vehicle, is a direct violation of the law. Md. Ann. Code art. 66 1/2, § 11-902(c). When the degree of inebriation is adjudged to render a driver, not only unsafe under § 11-902(c) or even impaired under Md. Ann. Code art. 66 1/2, § 11-902(b), but beyond the most extreme condition of insobriety recognized by law, i.e., intoxicated under Md. Ann. Code art. 66 1/2, § 11-902(a), one who drives thus incapacitated may be inferred to have disregarded human life both wantonly and recklessly. When death ensues, inferentially or directly attributable to a breach of a duty by appellant, derived from his self-induced condition of intoxication, driving while drunk may be sufficient to raise the cause of death from simple negligence to gross negligence, as a factual determination to be made by the fact finder.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Contact our law firm today to speak with a lawyer today. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Friday, October 24, 2014

Maryland DUI Attorneys Baltimore Grounds

Have you been issued a traffic ticket for driving under the influence of alcohol in the State of Maryland?


Are you concerned about the consequences of being charged with DUI in the state of Maryland?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a crime of DUI in the state of Maryland.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Wright v. State

Facts:

Defendant in Baltimore contended that the motions court erred in denying his motion to dismiss on double jeopardy grounds, because the sanction imposed in another case, a weekend in jail, was a punishment for his act of drinking and driving in this case. The State responded that the sanction imposed by the DUI court was solely for defendant's failure to abide by the terms of the DUI Treatment plan...

If you are facing a traffic case in the State of Maryland, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Maryland Court made the following holding:

  • As a general rule, there is no double jeopardy prohibition against revocation of probation and imposition of punishment. Md. R. 5-801(c) provides that the contents of the record shall contain all parts of the record that are reasonably necessary for the determination of the questions presented by the appeal and any cross-appeal.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Contact our law firm today to speak with a lawyer today. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Thursday, October 23, 2014

Maryland DUI Lawyers Baltimore Driving Influence Alcohol

Have you been charged with DUI in the State of Maryland?


Are you concerned about the consequences of being charged with DUI in the state of Maryland?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a crime of DUI in the state of Maryland.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Alfred v. State

Facts:

Defendant appealed from a judgment of the Circuit for Baltimore (Maryland) convicting him of driving under the influence (DUI) of alcohol. He argued that the trial court had erred in denying his motion to suppress the fruits of a search that yielded a key to his van, which was subsequently searched, and a statement he had made to the officer admitting to being drunk.

If you are facing a traffic case in the State of Maryland, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Maryland Court made the following holding:
  • When the issue of pre-arrest searches has arisen, Maryland courts have upheld them so long as a lawful arrest followed the search. As to how quickly the arrest must follow the search, Maryland 's appellate courts have approved searches when the arrest occurred immediately after the search, and when it occurred a few minutes later.
  • For purposes of Miranda, "interrogation" includes not only express questioning but its functional equivalent. The functional equivalent of interrogation includes any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect. In determining whether the police should have known that their words or actions would elicit an incriminating response from the suspect, courts must consider the intent of the police in making the statement or performing the action, whether the police had knowledge of a suspect's unusual susceptibility to persuasion, and whether the police invited the suspect to respond to their statements or actions. Indeed, interrogation must reflect a measure of compulsion above and beyond that inherent in custody itself, and a suspect's incriminating response must be the product of words or actions on the part of police.


If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Contact our law firm today to speak with a lawyer today. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter


Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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