The United States District Court for the Southern Division of Maryland in Greenbelt issued its first ruling Friday granting a defense motion to suppress a warrantless blood test as a result of the Supreme Court decision in Missouri v. McNeely. Magistrate Judge Thomas M. DiGirolamo issued a 19 page written…
Electronic signs all over Maryland are telling drivers about the new laws that kicked in today. What exactly is going on? Two offenses that were previously denominated as secondary actions have been changed to primary actions. As the 90 day legislative report states: Senate Bill 339/House Bill 753 (both passed)…
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…
On May 1, 2013, Leonard Stamm was given the first annual Fred Bennett Zealous Advocacy Award by the Maryland Criminal Defense Attorney’s Association (MCDAA). This award will be given annually to the member of MCDAA who best exemplifies the qualities that Fred Warren Bennett possessed which made him a courageous…
The Supreme Court today announced its opinion in Missouri v. McNeely and ruled that police in DUI investigations may not automatically avoid seeking a search warrant to obtain a blood sample where the defendant does not consent to a blood test. This is the third win as amicus curiae for…
This past Thursday and Friday the National College for DUI Defense held its annual winter session in Scottsdale, Arizona. On Thursday, the seminar featured presentations by Robert Hirshhorn on Voir Dire Gems in DWI Cases, Leonard R. Stamm on The Top 20 Guidelines for Bench Trials, Mimi Coffey on Cross…
Today, the Supreme Court heard argument in the case of Missouri v. McNeely. The case involved police obtaining a blood alcohol test without a warrant. The officer, who had previously had no difficulty obtaining warrants before getting blood samples in DUI cases had mistakenly believed that Missouri law had changed.…
This past Wednesday I got a call from a former client, JT, who is from a state where it is legal to travel with a handgun in the car, to help his employee, AJ, who had just been arrested in West Virginia and was awaiting extradition to Maryland. Unlike the…
There has been quite a bit of litigation in the past few years on the subject of what witnesses must be produced by the government to prove the results obtained for scientific testing for drugs and/or alcohol. The Supreme Court has taken a case a year on this question, starting…
Today the Supreme Court granted certiorari sought by Missouri in Missouri v. McNeely. McNeely was suspected of DUI when police had blood withdrawn without a warrant. The Supreme Court of Missouri held that a warrant was required when the facts fell outside the narrow exception created in Schmerber v. California.…