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…
A few years ago, the Maryland legislature reacted to the tragic death by a drunk driver of Noah Leotta by enacting Noah’s Law. The supporters of Noah’s law increased penalties and closed some loopholes in Maryland’s DUI laws but failed to achieve one objective. The legislature did not agree that…
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…
Here are a few thoughts on our future after Dobbs. 1. I have always viewed Roe v. Wade as a compromise – an attempt to settle the dispute between those who favor and oppose choice. It was the middle position, giving preference to choice during the first trimester, and against…
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. …
Many people will remember the nurse in Utah who refused to draw blood in a DUI case under directions from a police officer and was arrested. She subsequently settled a lawsuit for $500,000 and the officer was fired. As a result the Utah legislature tried to fix the problem. In…