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…
Articles Posted in Sentencing in DUI cases
The Maryland Criminal Defense Attorneys’ Association presents the 19th Annual Advanced DUI Defense Seminar
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…
November 11, 2020 Veterans Day
On this Veteran’s Day we pay tribute to the over 17 million veterans in the US today. These are men and women who have personally sacrificed to preserve our freedoms, and the great experiment in republican democracy that has survived for over 225 years since the adoption of the US…
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. …
Interlocks out of control in Montgomery County!
Apparently yesterday two judges in Montgomery County were imposing interlocks as a condition of probation in DUI first offense cases. So major traffic dockets in Rockville 413 and 414 were not good places to be yesterday. The Washington Post recently reported that State’s Attorney for Montgomery County, John McCarthy, has…
New York Times Blasts Baltimore Judge in DWI Case
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…
Heien v. North Carolina – Ignorance of the law is no defense – unless you are a cop
Last week the Supreme Court decided the case of Heien v. North Carolina. In an 8-1 decision, the Court decided that even though an officer stopped a driver for conduct that was later decided NOT to be illegal, that the officer’s objectively reasonable belief that the conduct was illegal saved…
To Plead Or Not To Plead (Guilty)? – That Is The Question
In Maryland courts, hundreds of DUI (driving under the influence) and DWI (driving while impaired) cases are heard every day. The vast majority of cases are resolved by the defendant pleading guilty on the terms offered by the prosecutor whether the defendant has a lawyer or not. However, in state…
Handling an out of state conviction for DUI or DWI for a Maryland licensee
When a person gets convicted of a drunk driving (DUI or DWI) charge in a state other than Maryland, that state usually sends a notice of the conviction to the Maryland Motor Vehicle Administration (MVA). The MVA is then authorized to take action against the person’s driver’s license under a…
Be Careful Before Paying Traffic Tickets in Maryland!
Last year, the Maryland legislature changed the law that required the court to send trial notices to all persons receiving traffic tickets. Now a person receiving a payable (minor) traffic violation and no jailable (non-payable – must appear) companion tickets must either pay the ticket or request a trial within…