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Articles Posted in Criminal justice news

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Supreme Court makes it easier for police to stop a car whose owner’s driver’s license is revoked

Last week, the Supreme Court announced an 8-1 decision, authored by Justice Thomas, in the case of Kansas v. Glover, allowing a police officer to stop a car where the owner’s driver’s license was revoked, without first ascertaining that the driver was the owner.  This represents a change in the…

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DUI litigation during the COVID-19 pandemic

Updated September 30, 2022.  As many of you are aware, courts and the MVA are now open.  Court hearings are back to normal for the most part, except that there is a backlog of cases that were postponed or delayed during the pandemic.  Some District Courts have two am and…

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Breath testing deficiencies brought to light by the New York Times

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…

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The unconscious suspect – Mitchell v. Wisconsin holds exigent circumstances will allow a warrantless blood test in most cases

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…

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Baltimore to Stop Prosecuting Marijuana Possession Cases

The State’s Attorney for Baltimore City, has announced on January 29, 2019, that marijuana possession cases will no longer be prosecuted in Baltimore.  In an article in the New York Times, Marilyn Mosby stated that it makes no sense to prosecute marijuana cases because it diverts resources from investigating more…

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Daily Record: “Md. lawmakers plan bill to close ‘Noah’s Law’ loophole”

As the Daily Record reported yesterday (Jan. 23, 2019), a bill will be introduced in the Maryland legislature to expand Noah’s Law (named after Noah Leotta – a police officer killed by a drunk driver) to require an ignition interlock be installed as a condition of a probation before judgment. …

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The Kavanaugh Supreme Court nomination and alcoholism – he should have been asked the MAST test questions

On Thursday, the nation was transfixed as the Senate Judiciary Committee heard testimony from Dr. Christine Blasey Ford and Brett Kavanaugh.  Kavanaugh has been accused of sexual assault by Ford and a number of other females when they were in high school and college.  All of the complaints say that…

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Stamm argues Owusu v. MVA at the Maryland Court of Appeals

On Wednesday, September 12, 2018, Leonard Stamm appeared in the Court of Appeals to argue the case of Owusu v. MVA.  Owusu was arrested for drunk driving and taken to the police station.  At the police station he was read the DR-15 Advice of Rights Form.  This is a form…

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