Articles Posted in DWI and DUI

Wicomico County Sheriff’s deputies recently arrested a 23-year-old Salisbury woman for numerous traffic offenses after she allegedly drove into another person’s home and fled.  Shortly after 5 p.m. dispatch received a call detailing the crash, and when deputies arrived the suspect vehicle was still on the scene.  Despite heavy front end damage to the SUV the woman attempted to flee from police but was stopped a short time thereafter.  The stop however was temporary, as the female suspect was not quite ready to surrender to the law.  After the initial stop she allegedly rammed into a police cruiser and again proceeded to flee.  This time the suspect led police along the Route 50 Bypass for a short while where she lost control of the vehicle and hit a guardrail.   She again tried to run but ultimately was stopped shortly after her second crash.

The young woman was taken to the hospital and released several hours later to the custody of the sheriff’s office.  She was issued a total of 16 traffic citations with several being considered serious.  In Maryland serious traffic matters carry a potential jail sentence while minor infractions are only punishable by fines and points.  The arresting deputy charged the defendant with multiple counts of DUI and driving while impaired by drugs.  One of the citations is for DUI per se, which means she must have submitted to a breath or blood alcohol test that came back above the legal limit of .08.  She is also facing multiple counts of fleeing or eluding an officer, as it appears police are trying to say they were forced to chase the suspect two separate times.  The same is true for leaving the scene of an accident involving property damage.  Police are saying there were two separate accidents as the woman first crashed into the house and then the guardrail.  In both cases it is alleged she failed to stick around to exchange insurance information and render aid.  It does not appear anyone else suffered bodily injury, which means the leaving the scene charges will carry a maximum penalty of 60 days in jail.  Under Maryland law DUI and fleeing from police carry a maximum penalty of 1 year in jail, a $1,000 fine and 12 points upon conviction.  The penalties increase if the defendant has prior convictions (up to 2 years in prison) and if someone was injured.  The penalty for fleeing or eluding police jumps to 3 years in prison if a person suffered bodily injury.  Under Maryland criminal law section 3-211 it is a separate misdemeanor criminal offense to cause life threatening injury while driving a car or boat while under the influence of alcohol.

The defendant in this case has a trial date in late August at the Wicomico County District Court in Salisbury.  The Blog will continue to follow this case to see what a potential plea would look like.  Based on the apparent amount of evidence it does not appear this case would be suited for a trial, especially when considering the sheer number of citations.  In addition to all the serious traffic matters she also faces infractions for reckless driving, speeding and failure to control her vehicle.  If you have been charged or are being investigated for leaving the scene of an accident (hit and run), DUI or fleeing from police contact Maryland traffic lawyer Benjamin Herbst anytime at 410-207-2598.  Benjamin specializes in serious traffic matters and will fight to keep you out of jail and back on the road with a valid license.  He is available anytime to offer a free consultation at 410-207-2598 and handles cases in all Eastern Shore jurisdictions including Wicomico County, Worcester County (Ocean City and Snow Hill), Cambridge and Easton.  Benjamin has successfully defended criminal and traffic charges in all 23 Maryland counties plus Baltimore City.  He is also an experienced federal DUI lawyer for those who have been charged by the Park Police, Fort Meade Police and all other military and federal law enforcement agencies.

The Maryland State Police recently announced that its troopers will be out in force this weekend as millions of motorists are expected to hit the road for holiday travel and celebrations.  All 23 trooper barracks from the Eastern Shore to Western Maryland will participate in the increased patrol effort, which is being funded in part by the Maryland Department of Transportation Motor Vehicle Administration’s Highway Safety Office.  The State Police will deploy specially trained troopers who have been taught to identify impaired drivers through the use of tactics such as driving pattern observation and deployment at strategic locations and times.  These troopers are part of the SPIDRE team that has been patrolling Maryland highways for over a decade.  SPIDRE stands for State Police Impaired Driving Reduction Effort, and it was created by a grant from MDOT with the goal of reducing alcohol related injuries and fatalities in Maryland.

Starting out in Western Maryland, the state police will be conducting high visibility enforcement along Interstate 68, which is a dangerous stretch of highway that runs through Cumberland and Frostburg.  The Frederick and Hagerstown state police barracks will focus their patrols on Interstate 70 in Washington County and Frederick County.  They will likely be joined by troopers from Howard County on parts of I-70.  Howard County troopers will also be patrolling highways 29, 32 and 100, which are heavily trafficked on all nights and weekends.  The Golden Ring Barrack will be out in force on the I-695 in Baltimore County.  We have handled dozens of DUI, leaving the scene of an accident and suspended license cases initiated by troopers from the Golden Ring Barrack.  These cases end up in the Essex, Catonsville and Towson District Courts, though we generally prefer to handle our cases in the Circuit Court for Baltimore County.

Troopers from the D.C. Metro area will also be out and about on Interstate 495, which has become notorious for serious injury accidents and even DUI manslaughter/ homicide by motor vehicle cases.  I-495 is narrow, curvy and heavily trafficked, which is a dangerous mix of variables.  Interstates 95 and 97 will also be points of emphasis for law enforcement, as will Route 50, which crosses through Anne Arundel County, Queen Anne’s County, Talbot County, Dorchester County, Wicomico County and Worcester County.  Southern Maryland jurisdictions including Charles County and St. Mary’s County will also have a heavy patrol presence along Route 301 and Route 5.

The Maryland DUI laws are constantly changing, which means they can be difficult to understand and almost overwhelming for those charged.  This is especially true for first time offenders who have never been through the criminal court system.  Most drivers who are arrested for DUI are released from the police station, but we are seeing more drivers booked into the local jails than ever before.  Either way, once the shock of being arrested and charged wares off, the stress of what lies ahead arrives.  The first thing to understand about a Maryland DUI is that each defendant is fighting two battles at the same time.  The most obvious battle is the court case, where a driver can face anywhere from three to more than ten citations in the District Court of Maryland.  This battle must be taken seriously, as the punishments requested by the State for drunk driving are increasing in severity.  All defendants in impaired driving cases are advised to retain a lawyer for the court case, but the more time sensitive battle may actually be with the MVA.  An experienced Maryland DUI lawyer can help with both the court case and the case with the MVA, but in this post we will focus solely on the immediate consequences regarding driving privileges after being charged with DUI.

The immediate consequences for a DUI arrest are much different for in-state drivers than out-of-state drivers.  First of all, the police do not have authority to confiscate a person’s out-of-state driver’s license, and the home state will not likely be notified of the charge until the case is over.  This means that an out-of-state driver arrested for DUI in Maryland will not have his or her license suspended until much later in the process, if ever.  On the other hand, an out-of-state driver may lose his or her privilege to drive lawfully in Maryland.  Out-of-state drivers who wish to stay here and drive lawfully must switch to a Maryland restricted license in order to drive legally after 45 days.  The firm specializes in representing out-of-state DUI cases, and we are happy to provide a more detailed explanation over the phone or in person.

Law enforcement will confiscate the licenses of Maryland residents arrested for DUI, and in exchange will provide a temporary license in the form of carbon copy paper.  This temporary license is good for 45 days, and during this time a defendant will have no driving restrictions.  The 45-day period is not a time to sit around though, as a driver will have a couple of options and a limited amount of time to decide what to do.  Those who refuse the breath test or who blow over a .15 will have to choose between not driving for 9 months or installing the interlock device in their car.  There is no wiggle room for the interlock requirement on a refusal or a high-test result, and prevailing at an administrative hearing is difficult.  The administrative law judge or ALJ does not have the authority to do anything but allow interlock provided there was a valid basis for the suspension in the first place.  An ALJ may allow drivers who must use a work vehicle to drive said work vehicle without the device as long as adequate proof is provided in advance.

Memorial Day weekend is the unofficial beginning of summer in Maryland’s only beach town, and like clockwork arrests involving alcohol related incidents in Ocean City are already starting to hit the news wires.  This past weekend a Pennsylvania woman was arrested and charged with twenty traffic violations for allegedly crashing into an Ocean City Fire Department truck and leaving the scene.  The accident occurred in the downtown area around 8:30 p.m. where numerous witnesses were present.  Those interviewed at the scene told police that a black sedan traveling above the speed limit pulled out in front of and hit a fire truck, and then continued traveling south on Philadelphia Ave.  The fire truck, which was responding to a gas leak, stopped immediately.  Police were able to locate the sedan and its driver, a 27-year-old from Lancaster, and placed her under arrest.  She was released from jail on a $5,000 bond, and now will face trial in August at the Ocean City District Court.

The female driver was hit with every possible citation including multiple serious traffic matters that carry a potential jail sentence.  She was charged with DUI, DWI and DUI per se, which means she submitted to the breath test and blew over the legal limit of .08.  DUI and DUI per se both carry a maximum penalty of 1 year in jail, compared to DWI, which carries a maximum sentence of 60 days in jail.  Other citations include negligent driving, reckless driving and failure to control speed to avoid a collision, which carry hefty fines and the possibility of points.  For failing to stop immediately, the out-of-state driver was also charged with multiple additional jailable offenses including failure to remain at the scene of an accident involving property damage and failing to render reasonable assistance after an accident.  The driver was also cited for making a false accident report and knowingly driving an uninsured vehicle, which surprisingly has a higher maximum penalty than hit and run cases involving property damage.  Under 17.107 of the Maryland Transportation Code, knowingly driving an uninsured vehicle carries up to 1 year in jail and a $1,000 fine.  A second or subsequent offense carries up to 2 years in prison.

It is common for a driver charged with DUI in Maryland to receive numerous citations, but twenty is about as high as we have seen.  Some police departments such as the Maryland State Police have a habit of charging a driver with reckless driving and negligent driving in most drunk driving arrests.  This is regardless of whether there was an accident.  While a person may be able to pre-pay some of these companion citations, it is not advisable to do so before the case goes to trial.  Paying a citation prior to court results in a guilty finding and points being assessed, when in reality the citation will likely be dismissed or nolle prossed by the State at trial.  Any driver who faces a DUI charge in Maryland should be proactive and complete certain tasks before court, but paying the infractions is not one of these tasks that will help.

The installation of engine interlock devices on vehicles in Maryland has increased exponentially over the last decade, and they have been lauded as a highly effective means to reduce impaired driving.  Currently though, there have been no realistic attempts by the state to make these devices mandatory in all vehicles.  In fact, it would likely impossible for any state to require the use of these devices in vehicles.  There are myriad reasons why a state such as Maryland would find it impractical or even unconstitutional to implement mandatory interlock or related programs.  First, the state does not have the budget or the manpower to develop an enforceable program where drivers would be required to submit to an alcohol test before putting a vehicle in drive.  Aftermarket alcohol testing devices are not especially reliable, and there would have to be someone on the government side to enforce the installation and maintenance of these devices.  Requiring drivers to install and maintain these alcohol testing devices would create a major public outcry regarding the expense and the civil liberties implications.  On top of all of these issues, instituting a statewide testing program would have an undue burden on interstate commerce, and likely lead to the years of legal challenges.

As a result of these implementation issues, the only realistic way to mandate devices that monitor a driver for intoxication is to require the auto manufacturers to install them in the factory.  This may seem like a pipe dream, but decades ago it would have been hard to imagine that all cars new would have seatbelt monitoring systems and airbags.  The NHTSA is the administrative agency that sets the safety requirements for vehicles being sold in the United States, and they take recommendations from the NTSB.  The NTSB has made lobbying for alcohol devices a priority since 2012, and has continued to recommend new cars be manufactured with them.  Passive alcohol testing devices monitor drivers for signs of impairment such as swerving, drifting and even facial expressions and movements.  They are called passive devices because the driver does not actually do anything to activate the device such as blowing into a tube on an interlock device.  Passive devices are always functioning while the car is in operation, and have been researched by multiple auto manufacturers since 2008.  The technology currently exists to detect signs of impairment in drivers, but they are not be perfect and could likely be disabled by a mechanic if the owner was so inclined.  The mandate would only apply to newly manufactured vehicles based on the aforementioned difficulty and expense in installing after-market devices; it could pass muster in a civil liberties argument because the burden will be placed on auto manufacturers and not individual citizens.  The government would not be forcing individuals to be tested for impairment while driving, but rather saying if anyone wants to buy a new car, they will have to deal with the devices.

Nearly 43,000 people were killed on roads in the United States last year, and this alarming number continues to rise.  Roughly one quarter of these deaths are alcohol related, and the government believes each and every one of these are preventable.  As the technology continues to improve, the pressure will mount on the NHTSA to act.  Therefore, it is highly likely that within the next five years all new cars sold in the United States will have some sort of passive intoxication monitoring system.  The Blog will continue to follow this story and may post a follow up article in the future.  If you have a question about a DUI case, an MVA license suspension or the interlock device program feel free to call Maryland DUI lawyer Benjamin Herbst anytime for a free consultation.  Benjamin is an experienced criminal defense lawyer who specializes in traffic violations such as leaving the scene of an accident, fleeing or eluding, driving on suspended license and all drunk driving related matters.  He can also fight to have your bench warrant or arrest warrant recalled if you have missed court or violated your probation.  Call Benjamin anytime at 410-207-2598.