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Thomas, in the case of Kansas v. Glover, allowing a police officer to stop a car where the owner’s driver’s license was revoked, without first ascertaining that the driver was the owner.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…
Articles Posted in Criminal justice news
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…
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…
It was 35 years ago today . . .
On this day 35 years ago, September 4, 1984, I began the practice of law. I walked into court with my mentor and friend, the late great Alan Goldstein, to watch him litigate motions in a conspiracy to commit murder case. I had just returned from my honeymoon in Greece…
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…
Deciphering the Mueller Report
On Wednesday, Special Counsel Robert S. Mueller gave a public statement that basically said, “Read my report.” Decoding Robert Mueller, NY Times, Opinion, May 29, 2019. He said he could not come to a conclusion, unless he could exonerate the President. That is not entirely accurate because reading his thorough…
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…
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. …
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…
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…