The Washington Post recently ran a story by reporter Dan Morse about testing volunteers high on weed to practice the tests they run when they suspect a driver is impaired by marijuana. The story quoted attorney Leonard R. Stamm. Such drug impairment tests are regularly challenged in court across the…
Maryland DUI Lawyer Blog
Responsibility for breath and blood testing taken from the ME and shifted to MSP
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…
Americans vote out fascists – for now
I am relieved. I think that’s the right word. Make no mistake a fascist minority attempted to take over our country. Should I list the most outrageous things that were either said by Trump or Maga Republicans, overtly proposed or covertly suggested, and not condemned, that were rejected in the…
Alcohol kills
I lost another client three weeks ago. Not even 60 years old. Perhaps I should have anticipated this. The signs were there. He had two accidents within a few years and very high BACs. I mean VERY high. But I believed him when he told me he had been in…
I am now a U.S. citizen, but I feel less free than I ever have
Today, August 2, 2022, I read an op ed in the Washington Post by an Indian woman, Aaditi Lele, who recently became a US citizen who is a student at Vanderbilt University. It is worth sharing. Less than two months ago, I took the oath of naturalization to become the first…
My thoughts on Dobbs v. Jackson Women’s Health
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…
MSP Lab Acknowledges Testing Deemed Unacceptable By Accrediting Agency
On March 21, 2022, the Director of the Maryland State Police Forensic Sciences Division notified the State’s Attorney co-ordinator for Maryland that the MSP lab would cease doing blood alcohol testing because the accrediting agency determined their testing procedure violated scientific requirements for blood alcohol testing. Read the letter here.…
Maryland Court of Appeals agrees to decide 20 minute issue
Earlier this week, the Maryland Court of Appeals agreed to hear the case of Dejarnette v. State. In Dejarnette, the Maryland Court of Special Appeals held that a violation of the requirement that officers observe a defendant for 20 minutes before a breath test would only go to the weight…
Finding and correcting record mistakes at the MVA and court
While representing people accused of driving offenses, it is come to our attention that occasionally the records the police rely on while apprehending suspects contain some pretty serious errors that can result in prejudice to the driver. Here are a few examples. One of our clients was recently charged with…
Maryland Police Accountability Act of 2021 – Governor Hogan’s veto overridden
Last week both houses of the Maryland legislature overrode Governor Hogan’s veto and passed the Maryland Police Accountability Act of 2001. The Act will improve the criminal justice system in Maryland a number of ways: Set stricter standards for use of force by police; Limit the use of “no knock”…