August 14, 2008

Maryland DUI/DWI Attorney represents repeat offender held Without Bail

Any Experienced, Aggressive Maryland DUI/DWI Attorney will tell you that courts in Maryland and throughout the nation are getting tougher and tougher on people convicted or even charged with multiple offenses for Driving Under the Influence or Driving While Impaired by Alcohol. People in this situation are increasingly being hit with significant bails and ultimately increasing long prison terms. No longer are the days that a person charged with his or her second or third offense can count on being released on their personal recognizance and receiving probation.

A particularly shocking example of this trend is the DUI/DWI case that I was hired for on Tuesday. The client was picked up for DUI/DWI on Sunday night. He allegedly made a right turn on red at an intersection where doing so was prohibited. He pulled over immediately and was totally cooperative and polite throughout the investigation. After not performing the field sobriety tests to the satisfaction of the officer he was arrested and taken to Central Booking. Sometime on Monday morning he saw a court commission who set his bail at $10,000.

At this point his wife attempted to post their home for the bail but was told by the commissioner that they had insufficient equity. The reason for this is that the court calculates the equity in a home by subtracting the outstanding mortgage from the tax assessment value of the home. The tax assessment value is almost always substantially less than the market value of the home.

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July 22, 2008

Maryland DUI/DWI Attorney on proof of notice requirement in Driving While Suspended or Driving While Revoked cases

As a Maryland DUI/DWI Attorney I represent many individuals who receive a DUI or DWI and as a result have to deal with a suspension or revocation of their privilege to drive, although this is certainly not the only reason why the MVA would suspend one's license.

When a person receives a DUI or DWI in Maryland, that person faces two possible suspensions of his or her driver's license. The person will first face a suspension of his driver's license, depending upon whether or not he took the breathalyzer. The defendant will also face suspension if he is ultimately convicted of the DUI or DWI when the matters proceeds to court. In addition to suspensions resulting from DWI's and DUI's a person may have his license suspended for several other reasons. By far the most frequent cause of a license suspension is that a person fails to appear in court for a minor traffic citation or fails to pay the fine after appearing. These so called "H" violations make up the vast majority of suspended license cases. A person may also have his privilege suspended or revoked due to an accumulation of points, for not paying child support, for receiving three moving violations within a a six month period, and for several other reasons.

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July 16, 2008

Maryland Criminal/DUI/DWI Attorney on the video taping of DUI/DWI stops by Maryland Transportation Authority Police and Maryland State Troopers

Maryland Criminal and /DUI/DWI Attorneys frequently represent individuals who are charged with driving under the influence of alcohol, DUI, or driving while impaired by alcohol, DWI, by Maryland Transportation Authority Police or Maryland State Troopers. In many of these cases the entire stop is videotaped by the State Trooper or MTA Officer and this video tape can be subpoenaed by the Maryland Criminal/DUI/DWI Attorney. In a recent DWI case that I had in Baltimore County District Court, my client had blown just a .07 and insisted that he had not failed the field sobriety tests as the MTA Officer who stopped him had claimed in his report. To be fair to the officer, he did not claim that my client had done terribly on the field sobriety tests but had nonetheless concluded that he had failed. After being retained by my client I immediately issued a subpeona decus tecum for not only the video tape but for the MTA's General Orders regarding the operation of dash board video cameras known as MVR equipment.

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June 25, 2008

Maryland DUI Attorney - Maryland DWI Attorney - Maryland DUI Lawyer - Maryland DWI Lawyer - On Whether or not to take the Breathalyzer

Maryland DUI Attorney - Maryland DWI Attorney - Maryland DUI Lawyer - Maryland DWI Lawyer

Just about the first question people routinely ask me when they find out that I am an Aggressive DUI/DWI Attorney is should they or shouldn't they take the Breathalyzer if they are stopped by a police officer after they have been drinking. The answer to the question is somewhat more complicated than it used to be given recent changes in Maryland DUI/DWI law.

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June 20, 2008

Maryland DUI Attorney-On representing repeat offenders

Maryland DUI Attorney - Maryland DWI Attorney - Baltimore DUI Lawyer - Baltimore DWI Lawyer
As a former Assistant State's Attorney for Baltimore County I prosecuted hundreds of repeat offenders for driving under the influence or driving while impaired. Although the maximum penalty for driving under the influence is one year in prison, prosecutors can and very often do seek enhanced penalties for repeat offenders. Second offenders for DUI face up to two years in prison and third offenders face up to three years in prison. As a prosecutor I routinely filed enhanced penalties against repeat offenders and often convinced a court to impose sentences longer than the one year.

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June 10, 2008

Maryland DUI/Drunk Driving Defense to Breathalyser

I recently defended a DUI case in the District Court in Baltimore, Maryland. My client had an acceptable performance on the field sobriety tests, but when he took the breathalyser he "blew" a .23. The legal limit in Baltimore and Maryland for drunk driving (DUI) is .08. This was almost three times the legal limit. The case was dismissed, however, when it was pointed out that the Baltimore City Police breath technician did not give the defendant the breath test within two (2) hours from the time of the stop.

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June 5, 2008

Maryland DUI DWI Attorney on people from out of state who are charged with DUI or DWI in Maryland

Maryland DUI Attorney - Maryland DWI Attorney - Maryland Drunk Driving Attorney - Baltimore DUI DWI Lawyer - Baltimore Drunk Driving Lawyer - I have received many questions from people from out of state who have been charged with either DUI, DWI or both here in Maryland. As a former prosecutor (or Assistant State's Attorney as they are known in Maryland) and a full time criminal defense attorney specializing in DWI and DUI law for the past 15 years, I have handled thousands of these cases. I will briefly explain the criminal and motor vehicle administrative consequences of receiving a DWI or DUI in Maryland but please feel free to contact me for a free consulation that will include a more thorough explanation as well as a review of the specific facts and circumstances of your case. Brian Thompson

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April 17, 2008

Maryland DUI Attorney Judge Familiarity

Having an experienced Maryland DUI Attorney who really knows the members of the Maryland District Court Bench as well as the Maryland Circuit Court bench can be as important, if not more important than having a Maryland DUI lawyer who knows the law. Having a Maryland DUI Lawyer who is both experience and knowledgable in Maryland DUI Law and knows the bench is of course the best choice.

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April 16, 2008

Maryland DUI Breath Test Threshold .08

Under Maryland law, a breath reading .08 or above is per se guilt of driving while under the influence of alcohol. You will need to consult a skilled Maryland DUI lawyer immediately to protect your rights. A Maryland DUI attorney will help you prevent the MVA from suspending your license and help you in Maryland District court to avoid points, jail and other punitive measures.

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