20 years ago it was not uncommon to for a person convicted of automobile manslaughter to avoid going to jail entirely. Sentences in cases we have handled have ranged from zero to 18 months. This week the Washington Post reported that a woman was sentenced to serve 20 years for…
This week a jury found Casey Anthony not guilty of murder of her daughter Caylee. It was the right verdict. The prosecution failed to prove the cause of death, when Caylee died, how she died. The jury could not say whether Caylee died accidentally or was murdered. The jury could…
Last week I wrote about the decision of the Supreme Court in Bullcoming v. New Mexico. Everyone who participated (I helped to author the amicus brief filed by the National Association of Criminal Defense Lawyers – NACDL) was thrilled. The Supreme Court held that a surrogate chemist could not testify…
Yesterday, the United States Supreme Court announced its decision in Bullcoming v. New Mexico, reversing the New Mexico Supreme Court’s decision allowing the state to introduce a blood alcohol result through the testimony of a chemist who did not conduct the test. The case was argued and won by Jeffrey…
There are two kinds of federal DUIs depending upon where the arrest was made. If the arrest was made on property under the jurisdiction of the National Park Service, such as the Baltimore-Washington Parkway, Suitland Parkway, Canal Road, or elsewhere, the charges are made under the Code of Federal Regulations.…
In Maryland, if the defendant pleads guilty or is found guilty after a trial, sentencing usually takes place immediately. The judge has already heard the facts of the case. At this point the judge wants to hear something about the defendant, including but not limited to: age; educational background; family…
Defending drivers with a CDL (commercial driver’s license) who are charged with drunk driving is tricky. Each step of the process involves a risk that the CDL will either be disqualified pursuant to state and federal law, or suspended pursuant to regulations of the Maryland Motor Vehicle Administration (MVA). Under…
Recently, the Maryland Court of Appeals considered the case of Najafi v. Motor Vehicle Administration (MVA). After Najafi had been arrested for DUI, he asked to be able to make a private call to his lawyer to help him to decide whether to submit to a breath test. He requested…
What I have tried to do in the following blog is touch on the basics of preparing to represent a person charged with a DUI. It is not possible in this space to give more than a basic outline of what is required. What follows therefore, should be understood to…
This is my first blog on DUI defense and related matters. So if you are reading this, welcome! I will try to blog every week. In the coming weeks and months I will be discussing issues of importance to DUI defendants and defense lawyers since a major part of what…