I will repeat the well known quote from Martin Niemöller: First they came for the Socialists, and I did not speak out – Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out – Because I was not a Trade Unionist. Then…
I have been reflecting on Memorial Day and paying tribute to the men and women who gave the ultimate sacrifice in defense of our liberty. We are very fortunate to live in a place where an accused is presumed innocent, and has a right to notice, counsel, proof beyond a…
Today the Supreme Court heard oral argument in the cases of Birchfield v. North Dakota, 136 S.Ct. 614 (2015); Bernard v. Minnesota, 136 S.Ct. 615 (2015); and Beylund v. Levi, 136 S.Ct. 614 (2015). Leonard R. Stamm, along with Donald Ramsell and Jeff Green, co-authored an amicus brief filed on behalf…
If you have been following the news lately you have heard that Maryland has joined the states that require interlocks in all DUI cases, even for first offenders blowing under 0.15. For example, see Md. lawmaker: Slain officer Noah Leotta ‘is still on the job’ in the Washington Post. However a…
Every breath test in Maryland is subject to suppression. Every administrative suspension based on a failed breath test should be thrown out. The reason is – in Maryland there is a potential 60 day enhanced jail penalty for every driver arrested for DUI who refuses to take a breath test.…
The Maryland House of Delegates took the courageous step of passing Noah’s Law, HB 1342, with substantial amendments. The amendments make the bill a much more rational and humane way of encouraging sober driving while not unnecessarily punishing social drinkers or putting them out of work. The law deals with…
The Supreme Court today granted certiorari in three cases Birchfield v. North Dakota (14-1468); Bernard v. Minnesota (14-1470); and Beylund v. North Dakota (14-1506). These cases raise the question left open after the Court’s decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013): can a state make the refusal to submit to…
This week Donald Trump, the leading Republican contender for President, proposed banning all Muslims from entering the country, as one of his solutions to deal with ISIS inspired terrorism in the homeland. This bigoted and anti-American proposal, on top of his anti-Mexican, misogynistic, and crude comments have only enhanced…
The Hawaii Supreme Court announced its decision today in State v. Won. The court held that where a suspect in a DUI case is told that it is a crime to refuse to submit to an alcohol test, that consent to submit to the test is coerced and invalid because it…
Today the New York Times featured on its front page a story about a Baltimore woman who had to endure a $25,000 bond, numerous court appearances, a suspended drivers’ license, and 34 days in the Baltimore City Jail for a first offense DUI with a 0.09 BAC reading: On Probation Lives…