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…
It has recently come to our attention that the approval required for breath test operators in Maryland changed with the below statute, Courts and Judicial Proceedings Article, § 10-304, effective on October 1, 2022. “Qualified person” means a person who has received training in the use of the equipment in…
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…
Earlier this week, the Maryland Court of Appeals agreed to hear the case of Dejarnette v. State. In Dejarnette, the Maryland Court of Special Appeals held that a violation of the requirement that officers observe a defendant for 20 minutes before a breath test would only go to the weight…
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…