Baltimore Criminal Defense Lawyer Blog

It is no longer surprising to see an American politician wind up in the news with some sort of personal legal issue. It's is an unfortunate sign of the times, but our country's so called leaders seem to only make the news when they are in trouble. Most politicians outside of the heavy hitters remain relatively anonymous until the day their mug shot is plastered on our television or computer screens. Everyone knows Obama and O'Malley, but how many citizens actually know who their state and local representatives are? In the last few months, two Maryland politicians have become better known thanks to run ins with the law. Both of these incidents involve alcohol, as both were charged and subsequently convicted of DUI.

The first conviction occurred a few weeks ago, when Baltimore County councilman, Todd Huff pled guilty to drunk driving. The councilman was stopped by police on York Road in Towson while driving his county issued vehicle. It was later determined that he had a blood alcohol level of .20, which is more than twice the legal limit. Because of Huff's political position, the Baltimore County State's Attorney's office declined to prosecute the case, and Harford County prosecutors stepped in to finish the job. The prosecutor recommended a jail sentence, but the circuit court judge did not feel mandatory jail was warranted. Instead, the judge sentenced Huff to two years of supervised probation and a one-year suspended jail sentence. If the councilman were to violate his probation he could be sentenced to the suspended jail time after a VOP hearing. The sentence appears to be on par with other Baltimore drunk driving cases with similar facts. Had the councilman been arrested in the prosecutor's Harford County he undoubtedly would have been worse off.

Continue reading "Local Politicians Convicted of DUI" »

Although not an official public holiday in America as it is in Ireland, each year on St. Patrick's Day millions of Americans flock to the bars and pubs to join in the festivities. It is one of our country's favorite holidays, where it's not just acceptable, but encouraged to dress up in green and drink beer of the same color. Everyone is Irish on March 17th. But St. Patrick's Day is also a busy day for law enforcement, and even busier when the holiday happens to fall on a weekend as it has for the past two years. This year, dozens of Maryland law enforcement agencies are ramping up their DUI patrols to combat the yearly spike in alcohol related car accidents on this festive day. Starting at 9 p.m. tonight, and lasting through Monday morning, the state police as well as local cops will be out in full force to zero in on anyone who attempts to get behind the wheel after one too many Guinness pints. The patrols will focus on areas that have a past history of larger volumes of injury accidents and other incidents involving alcohol. DUI patrols will not exclusively patrol these areas though, and are sure to be out in greater numbers on all heavily traveled roads.

Continue reading "Law Enforcement Ramping Up St. Patty's DUI Patrols" »

Back in June the Blog posted an article about a man who was arrested for his 8th DUI, and now a sentence has finally been handed down in this unprecedented case. The defendant had three open Wicomico County drunk driving cases this year alone. Two of those cases were disposed of by way of guilty pleas back in October of this year. The man received a two-year jail sentence for the first case on the 19th of October, and he received three years for a separate case just one week later. Last week in Salisbury, a Circuit Court judge handed down the final sentence of an additional three years, bringing the total amount of jail time to eight years, one for each conviction. The most recent case was certainly the most egregious of the three, as the intoxicated man apparently slammed straight into a stopped car at a red light intersection. To make matters worse, the defendant was also driving without his required engine interlock device, which does not allow the car to be started without an alcohol free breath sample

The jail sentences were ordered to be served consecutively, meaning that the man will have to finish serving time on each individual case before he can receive credit for time served in the others. The judge could have imposed the three-year sentence to run concurrently, but then the defendant would not have to serve any additional time. After completing the eight years, which includes four with the Department of Corrections, the man will have one year of probation with an extra year hanging over his head in case of a violation.

Continue reading "Man Sentenced To Jail For 8th DUI" »

Police departments around the country are planning to ramp up their DUI detection and suppression efforts for the big game this weekend. Cops will deploy more road patrol officers than normal, and set up numerous checkpoints around the country this coming Sunday. These patrols and checkpoints will focus on popular nightlife areas and suburban neighborhoods where millions will be hosting or attending parties. Baltimore will likely see a large police presence in the downtown area, as thousands of Ravens fans will be out watching and celebrating the hometown team. The best piece of advice for any party goer who plans on drinking is to walk, take public transportation, or cab it. But, as most Marylanders are aware the state's public transportation system and taxi cab network is hardly to most accessible, so driving is usually the only option. Get a designated driver, and try to find one that'll be able to resist the temptation to drink when the Ravens are playing well, playing poorly, or doing both from one play to the next.

Police departments tend to send out press releases about increased DUI patrols because their publicly stated goal is to prevent drunk driving. But for the road patrol officers out on the street who aren't able to watch the game, their goal is to make arrests. Many false or illegal DUI arrests occur on holidays or during large events when cops are on high alert. You can be sure that police will be quick to arrest after a traffic stop or at a checkpoint throughout the day and night on Sunday at the first hint of alcohol. Simply having a few drinks and then driving is not illegal. For police to make and arrest, a driver must either have a blood alcohol level of at least .08 or display to the stopping officer that they are intoxicated or under the influence to the extent that their faculties are impaired. It is not illegal to smell like beer and get behind the wheel, so it is important to know your rights if you happen to be pulled over.

Continue reading "Expect Increased DUI Patrols On Super Bowl Sunday" »

The Thanksgiving holiday week is one of America's favorite times of the year. During the day we eat our turkey, play and watch football, and take advantage of all the Black Friday shopping sales. But the Thanksgiving week and weekend is also known as a popular nightlife time. In fact, the Wednesday before Thanksgiving is the single most popular bar night of the year, and the Friday and Saturday after are not far behind. And whenever there is a party, you can be sure that police are not far behind to come crash it. The Maryland State Police recently made an attempt to crash the holiday week party by ramping up patrols across the state's highways. Police were specifically targeting the roads in and out of popular nightlife spots and conducted almost 9,000 traffic stops over the holiday weekend. Out of the 9,000 traffic stops, nearly 100 resulted in an arrest for DUI. Close to 60 people were arrested or cited with drug offenses by state troopers, and over 100 were arrested for other crimes. Police also reported that 3 guns were confiscated during the traffic stops.

The Maryland State Police ramped up their holiday patrols in all 22 barracks across the state, with orders to look for aggressive drivers, speeders, drivers not wearing their seatbelts, and impaired drivers. The state police did not conduct a DUI checkpoint over the weekend, but instead relied on a more aggressive patrol initiative. Baltimorecriminaldefenselawyerblog.com has previously posted articles about the futility of DUI checkpoints in the state, and the recent holiday patrol proves this point. Over 1 percent of the drivers that were stopped by police patrols over the weekend were suspected of drunk driving. Past Maryland checkpoint have resulted in about one half of one percent of drivers being suspected of drunk driving. This is not to say that the ramped up road patrols are without flaws, but rather to say they are at least more effective than checkpoints.

Continue reading "Holiday Weekend Patrols Produce DUI And Drug Arrests" »

A Delaware resident was recently arrested on Maryland's Eastern Shore after he allegedly led police on a multi county high speed chase. State Police troopers along with the Kent County Sheriffs Department collaborated in apprehending the suspect, who was charged with multiple traffic infractions and crimes. Some of the more serious crimes included fleeing and eluding, DUI, and negligent driving. The chase originated near Chestertown, which is the county seat, and largest city in Kent County. At about 2 in the afternoon, law enforcement received a call about a suspected drunk driver. Sheriffs responded to the area of the call, and one officer observed a Dodge Charger that matched the description in the call speeding along Route 213. The Officer initiated a traffic stop and made contact with the driver of the Charger. The contact with the Officer did not last long, as the driver took off at a high rate of speed.

The stopping officer immediately called for backup and gave chase after the suspect. In a desperate attempt to avoid law enforcement, the suspect turned onto U.S. 301 and allegedly accelerated to speeds near 150 miles per hour. Despite the exceptionally high rate of speed, law enforcement officers did not abandon their pursuit and a cross county chase continued into Queen Anne's County. The suspect apparently lost the cops at one point, but later came to a stop near route 300 where he was arrested. At the time of the initial report, it does not appear that anyone was injured in the chase or that there was any sort of car accident. The suspect allegedly decided on his own volition to give up trying to flee from police.

Continue reading "Man Arrested After 150 MPH Eastern Shore High Speed Chase" »

The Anne Arundel County Police Department has released its final statistics about a recent DUI checkpoint. The results are consistent with another Maryland DUI checkpoint on the Eastern Shore that was the subject of a previous blog entry, and provide further evidence supporting the conclusion that DUI checkpoints are not a cost effective method of cracking down on drunk driving. In this particular checkpoint traffic was basically slowed to a halt in both directions of Ritchie Highway in Brooklyn Park, Maryland. Anne Arundel County police officers as well as the Maryland State Police worked together in running the checkpoint. The county police did not release just how many total officers were involved, but a conservative estimate would put around twenty total officers at the scene for roughly five hours. Again, this is a conservative estimate for both the amount of officers involved as well as the time frame of the checkpoint. There were likely far more police resources expended in setting up the checkpoint, running it, and then closing up the scene. The statistics do not suggest that this particular checkpoint was worth the costs.

According to the Ann Arundel police, a total of 695 drivers were stopped in the Ritchie Highway DUI checkpoint. That is 695 drivers, and not total citizens that were forced by the government to submit to an involuntary stop. There were most likely over one thousands citizens that had an unwanted run in with the police that night. Out of the 695 drivers, Ann Arundel and Maryland State Police made a total of 5 DUI arrests. Far less than one percent of the drivers that were investigated for DUI actually exhibited enough signs of intoxication to warrant an arrest. Twenty plus police officers and 4 to 6 hours of police work and the only thing to show for it is 5 DUI arrests. For those counting, that is about 1 DUI arrest for every 5 officers, and about one per hour. The numbers just do not add up.

Continue reading "Anne Arundel Police Release DUI Checkpoint Stats" »

Compulsory or mandatory blood tests during the course of a DUI investigation have been a hotly debated legal topic over the last decade. The debate over whether cops should legally be able to force a DUI suspect to submit to a blood draw to measure blood alcohol level has been debated in Maryland, Delaware, and in almost every state in the county. Twenty years ago it would truly have been far fetched to predict that a state could one day grant its law enforcement officers the power to force a DUI suspect to submit to a blood test without a warrant, but now this idea is becoming a reality. Many Maryland beachgoers who happen to cross over into Delaware can find out the hard way about this harsh law.

In Delaware, a police officer may require a DUI suspect to submit to a blood alcohol test if he or she refuses to take a breath alcohol test. Typically, an EMT will be called to the scene of the DUI and instructed to take the suspects blood, or the blood draw can occur in the police station. Delaware law does not require that the DUI involve an accident or a serious injury to anyone involved in the DUI. Delaware law also does not require that the arresting officer or any officer obtain a warrant before requiring a blood alcohol test. There have been countless incidents of Maryland residents being arrested for DUI in Delaware, especially in the summer months when Marylanders flock to beach towns such as Dewey and Rehoboth. Many times these Maryland residents try to invoke their right to refuse a breath or blood alcohol test, only to be informed (and many times rudely informed) that this is only a right they can exercise in Maryland.

Continue reading "Will DUI Blood Tests Become Mandatory In Maryland?" »

The previous blog post discussed the effectiveness of Maryland DUI checkpoints, and specifically focused on Howard County, Maryland. Howard County has long since been the most aggressive Maryland County when it comes to instituting and publicizing DUI checkpoints. This post will go into greater detail about yet another Maryland county choosing to make a news splash by instituting a DUI checkpoint during a holiday weekend. The cost and inconvenience of the latest Howard County DUI checkpoint arguably outweighed the actual benefit, but you would never hear anyone from Howard County police admit to that. On the other hand, police from this weekend's Maryland DUI checkpoint in Worcester County may have spilled the beans on what they really think about the value of DUI checkpoints.

The Worcester County DUI checkpoint was conducted through a collaboration of various police departments. Police departments in the Delmarva region have collaborated in the past during previous DUI checkpoints. The Maryland police departments involved in this particular DUI checkpoint team included cops from Berlin, Ocean City, the Worcester County Sheriff, and the Maryland State Police. The Maryland State Police typically takes care of all the public relations in multi jurisdictional efforts such as this Worcester County DUI checkpoint, and the state police spokesman made an extremely telling statement. In a press release the Sergeant was quoted as saying of DUI checkpoints, "they don't always result in a lot of people being arrested for DUI, but you have a lot of contact and education". You can take the Sergeant's comments as typical PR rhetoric and simply gloss over them, or you could dissect and analyze the comments. This being a legal blog, we will do the latter. The Maryland State Trooper first admitted that the checkpoints do not result in a lot of DUI arrests. If the checkpoints do not result in arrests, then why would multiple Maryland police agencies spend time, money, and resources collaborating to plan the checkpoints? Especially when we already know from multiple studies that police can make more DUI arrests using simple patrol saturation tactics, which require minimal planning and collaboration.

Continue reading "Are Maryland DUI Checkpoints Effective Part II" »

Howard County police recently set up a DUI checkpoint on Maryland Route 1. The checkpoint, which was located in North Laurel, began in the late evening on Friday night and extended into the early morning hours of Saturday. Police chose the location after examining DUI arrest data and traffic accident data where alcohol was involved. Howard County police did not release the exact hours of the DUI checkpoint, or how many officers were involved in the operation, but typical DUI checkpoints last roughly 6 hours and involve at least 10 police officers. Howard County did release the statistics of how many cars were stopped and how many arrests were made. In total, the DUI checkpoint resulted in 690 vehicles being stopped, and a total of 5 people being arrested. Of the 5 arrests, two were for driving on a suspended license, and 3 arrests were for DUI. One of the suspects arrested for DUI was 18 years old, and was also charged with a separate alcohol charge of underage drinking.

Howard County police reported that other drivers displayed signs of alcohol consumption, but these drivers were not arrested because they did not meet the legal criteria for impairment. Police officers distributed literature on the dangers of drinking and driving to all drivers that passed through the DUI checkpoint. DUI checkpoints are scheduled a few times per year in Howard County. Typically police will schedule a DUI checkpoint during times where alcohol consumption is higher than normal, such as during St. Patrick's Day and on the Fourth of July. This most recent checkpoint was scheduled after the Fourth of July DUI checkpoint was called off due to rain. Other Maryland jurisdictions such as Baltimore City and Anne Arundel County schedule DUI checkpoints as well, but Howard County holds DUI checkpoints with greater regularity.

Continue reading "Are Maryland DUI Checkpoints Effective?" »

Talk about a rough night. A southern Maryland man was recently arrested for DUI and multiple other traffic offenses. Police came in contact with the man after he was pulled over for unsafe lane changing. Upon contacting the man, the Maryland State Trooper noticed the odor of an alcoholic beverage coming from the driver's breath. After conducting a DUI investigation, the trooper arrested the man and charged him with DUI, negligent driving, and unsafe lane change. The driver was also given a breathalyzer test at the police station, where his blood alcohol content registered .15, nearly twice the legal limit. A DUI arrest and multiple traffic tickets would certainly have ruined anyone's evening, but the southern Maryland man's night was far from over at this point.

The man was arrested at about 2 a.m. and taken to the police station in St. Mary's County, Maryland. Rather than holding the man overnight, police were kind enough to release the man on his own recognizance less than two hours later. No bail bond was necessary, and police did not wait for the man to sober up, but rather allowed him to call for a sober driver to pick him up. It is unclear whether the man actually got a ride from the police station or if he simply walked home, but the man's car was still in the tow lot at the time he was released from the Maryland police station. Here is where the southern Maryland man's night went from bad to historically awful. At about 4 a.m. the same Maryland State Trooper was called to perform a DUI investigation in a shopping center parking lot, which was the exact scene where he had just arrested the man for DUI 2 hours before. Unbeknownst to the trooper at the time of the call, the suspect turned out to be the same man that the trooper had just arrested. When the trooper arrived to the shopping center he discovered that the same man he had just arrested was driving a different car, and was slightly less intoxicated, but still well over the legal limit of .08. The southern Maryland man was arrested yet again for DUI, and this time blew a .11 on the breathalyzer machine.

Continue reading "Seeing Double: Maryland Man Arrested For DUI Twice In One Night" »

Breath alcohol tests for drivers suspected of DUI could resume in Washington D.C. as early as next month. Washington was forced to suspend its breath alcohol testing program in drunk driving cases after lawyers of convicted DUI defendants filed dozens of lawsuits challenging the validity the test results. Four of these lawsuits ended in settlements against the city, and other civil lawsuits are still pending. The city eventually admitted that its employees provided inaccurate breathalyzer test results to city prosecutors that were used as evidence in DUI cases. Just as in Maryland, Washington breath technicians are required to conduct and document regular maintenance testing for breath alcohol testing machines, but D.C. techs were neglecting to perform these maintenance tests. In some cases breath technicians were even providing false documentation to prosecuting lawyers that was directly used to prove DUI cases.

A new bill has been introduced in the D.C. counsel that would completely overhaul the city's breath alcohol testing procedures. The bill would also establish stricter standards for prosecuting drunk driving cases and would increase the punishments for defendants convicted of DUI. As it now stands, Washington's drunk driving laws are the most lenient in the region, and one of the goals of the counsel is to align D.C's drunk driving laws with those of Maryland and Virginia. Maryland law currently provides a maximum punishment of up to 1 year in jail and a $1,000 fine for a first DUI conviction. On the other hand, a first DUI conviction in Washington D.C. is only punishable by 90 days in jail and a $300 fine. The new D.C. bill proposes an increase in the maximum punishments for a first DUI to 180 days in jail and a $1,000 fine. Washington D.C. officials have also proposed establishing minimum mandatory jail sentences in DUI cases where the driver has a blood alcohol level of .20 or higher, and in cases where a minor is present inside the vehicle at the time the driver was alleged to have been driving under the influence.

Continue reading "Breath Alcohol Testing To Resume In D.C. DUI Cases" »

With the summer boating season in full swing, the Maryland natural resource police is charged with the daunting task of keeping the state's waterways safe. Enforcing Maryland's DUI laws out on the water is one way that the natural resource police can accomplish this objective. The Maryland state police, and local police departments across the state devote a great deal of effort to maintain or increase the amount of drunk driving arrests each year. This is in part to send a message to the public that drunk driving will not be tolerated out on Maryland's roads. Each summer, the natural resource police attempts to send the same message that driving a boat while under the influence of alcohol or drugs will not be tolerated on Maryland's waters. If you decide to venture out on the 17,000 miles of river or the 1,700 square miles of Chesapeake Bay, chances are that you will encounter a Maryland natural resource police officer. In order to prepare for one of these encounters, it is important for boaters to understand how Maryland's drunk driving laws apply to boaters.

Maryland law does not differentiate between boating and driving with respect to drunk driving laws. The Maryland DUI law, which falls under the transportation statute, prohibits driving any vehicle while either under the influence of drugs or alcohol, or while intoxicated. The words any vehicle are understood to include vessels such as motorboats, sailboats, and jet skis. Therefore, Maryland DUI laws are exactly the same regardless of whether you are driving a car on 695 or cruising on a jet ski down the bay in Ocean City. Maryland natural resource police officers are trained in DUI detection in the same manner as state troopers and local police officers. Natural resource police are also equipped with intoxilyzer machines to administer breath alcohol tests to boaters who they think may be under the influence of alcohol or drugs. Police officers that patrol Maryland's waters may also have an advantage over road patrol officers in making DUI arrests.

Continue reading "Are Maryland Drunk Driving Laws The Same For Cars and Boats? " »

A Berlin, Maryland man has been arrested for his 8th drunk driving offense according to the Maryland State Police. Troopers responded to a traffic accident on Route 50 in Wicomico County at 3 a.m. on Sunday morning and made contact with the allegedly intoxicated driver of a 2002 Ford Explorer. The driver who was later charged with DUI apparently failed to stop at a red light, and rear ended a Suzuki SUV that was stopped and waiting for the light to turn green. The driver of the Suzuki, a 47-year-old woman, apparently suffered minor injuries, as did the 3 passengers traveling in her vehicle. All four of the occupants of the Suzuki refused medical treatment from on scene EMTs and left the scene on their own power. The driver of the Explorer however was not afforded the ability to leave the scene on his own power, as the Maryland troopers detained the man for sobriety exercises.

The Maryland police officers reportedly immediately noticed signs that the driver may have been driving under the influence of alcohol, and lawfully detained the driver for further investigation. The Maryland DUI defendant was subsequently placed under arrest for his poor performance on the roadside sobriety exercises. Maryland State Police officers quickly found out that the defendant was also driving on a suspended license for multiple previous DUI convictions. In addition, the defendant was required to install an engine interlock device in his car if he ever miraculously obtained a valid Maryland drivers license in the future. Not surprisingly the cereal DUI defendant was driving without his interlock device properly installed. The DUI defendant has a lengthy criminal record in Maryland, and drunk driving charges are not the only type of criminal cases that appear on this record. Theft and disorderly conduct are just some of the other criminal charges that appear on the defendant's rap sheet. The defendant also has dozens of traffic citations over the last 25 years in multiple Maryland districts, including Ocean City, Salisbury, and Snow Hill.

Continue reading "Maryland Driver Arrested For 8th DUI" »

In Maryland, and throughout the county, drunk driving is one of the most publicized crimes in the entire justice system. Not only is drunk driving the most common crime in the country according to the bureau of justice statistics arrest data, but drunk driving also affects the widest range of people. Drink driving defendants come from all ages and backgrounds, with some being multiple convicted criminals and others being first time offenders. Drunk driving also affects a wide range of victims, including children. Each year, powerful and well funded lobby groups pour millions of dollars into establishing comprehensive drunk driving educational programs in our schools, and educational commercials on television and radio. These lobby groups also influence state and federal lawmakers to pursue and maintain strict drunk driving laws, and are many times successful in influencing these lawmakers. Recently some of this attention has Maryland drunk driving laws in the news as well.

Maryland drunk driving laws have recently been called into question for being too lenient relative to other states in the country. A closer look at the DUI laws in other states reveals that this criticism does not appear to be a reasonable one. Maryland currently has the 26th strictest drunk driving laws in the country according to Mothers Against Drunk Driving (MADD). While this statistic puts Maryland in the middle of the pack in terms of strictness, these numbers can be misleading. Although Maryland may not have as strict a drunk driving policy as Utah, which enforces a 2 day minimum mandatory jail sentence for a first DUI, by no means is Maryland a lenient state when it comes to drunk driving.

Continue reading "Are Maryland Drunk Driving Laws Too Lenient?" »