The new interlock bill passed by the legislature, and coming to a court near you on October 1, 2024 will hurt many commercial drivers who find themselves facing DUI charges for what they did in their personal vehicles. A commercial driver’s license (CDL) is an addition to a regular driver’s…
The Maryland Legislature has approved a bill, effective on October 1, 2024, part of “Noah’s Law,” that will require all licensees receiving probation before judgment fro driving under the influence or impaired by alcohol in Maryland to successfully complete the Ignition Interlock System Program before obtaining any further driving privileges. …
I recently handled a sentencing for a client of mine for driving while impaired (DWI). Under Maryland law, one year of ignition interlock is required if you are convicted of the higher offense, driving while under the influence of alcohol (DUI). However, the relevant statutes do not require it for…
On May 5, 2023, the Maryland Criminal Defense Attorneys’ Association is holding its 19th Annual Advanced DUI Defense Seminar at the Doubletree Hotel in Linthicum, Maryland. The seminar, organized and run by Leonard R. Stamm in conjunction with the MCDAA will feature presentations by experienced lawyers as well as an…
The Washington Post recently ran a story by reporter Dan Morse about testing volunteers high on weed to practice the tests they run when they suspect a driver is impaired by marijuana. The story quoted attorney Leonard R. Stamm. Such drug impairment tests are regularly challenged in court across the…
In legislation enacted last year, the legislature amended statutes governing breath testing in Maryland, effective October 1, 2022. Previously, relevant statutes delegated to the toxicologist under the Post-Mortem Examiner’s Commission in Baltimore, the responsibility for approving equipment used for blood and breath testing in Maryland. The new law transfers that…
On March 21, 2022, the Director of the Maryland State Police Forensic Sciences Division notified the State’s Attorney co-ordinator for Maryland that the MSP lab would cease doing blood alcohol testing because the accrediting agency determined their testing procedure violated scientific requirements for blood alcohol testing. Read the letter here.…
Recent articles in the New York Times have raised questions about the reliability of breath testing devices used across the country in DUI cases. These Machines Can Put You in Jail. Don’t Trust Them and 5 Reasons to Question Alcohol Breath Tests. The authors also interviewed a defense lawyer and…
Every state prohibits drunk driving. Every state also acknowledges that it is legal to drink alcohol and then drive if the alcohol consumed does not impair one’s abilities. The amount of alcohol that a person can drink in an evening and be safely under the legal limit varies from person…
Mitchell was arrested for DUI. He subsequently became unconscious. Since he could not submit to a breath test, the arresting officer could not obtain his consent to a blood test, and he needed medical attention, the officer took him to a hospital for treatment and to have his blood drawn…