Maryland DUI Attorney Blog

Most defendants charged with DUI, DWI and other drunk driving crimes in Maryland do not realise their right to appeal and have a brand new trial. All misdemeanor criminal and traffic charges in Maryland are first tried in the District Court. If a defendant is not satisfied with the judge's decision, the defendant can appeal to the Circuit Court. Under the Maryland Rules, this is called an appeal de novo. An appeal de novo wipes the slate clean and is a brand new trial. Whether the appeal is a new trial heard by a jury or a plea bargain before a judge, it completely replaces the original decision in the District Court. Often times in difficult cases, it is sound strategy to take a shot in District court and if it is not favorable, appeal.

As experienced Maryland DUI lawyers, we have found that in difficult cases, our clients often fair much better on appeal than in the original trial. This is usually due to the fact that the higher court is used to dealing with the most serious crimes and a DUI is, relatively speaking, not as serious as murders, rapes, and other crimes the higher court is accustomed to dealing with. It may also have something to do with the fact that delay is always a friend of the defense for several reasons.

Continue reading " Contested Maryland DUI Cases, Two Bites at the Apple! " »

Often times in Maryland DUI prosecutions, there is an issue of whether the defendant was actually behind the wheel or driving. This often comes up when the defendant pulls over to "sleep it off".

The term "drive" as used in the Maryland drunk driver statutes means to drive, operate, move or be in actual physical control over a vehicle. This includes control over the steering of a vehicle that is being towed.

The seminal Maryland case on this issue is Atkinson v. State, 331 Md 199 (1993). In Atkinson, Maryland court of Appeals has determined that in situations where the driver is simply using his car for shelter until sober enough to drive, the driver can not be prosecuted for DUI. As long as the occupant is totally passive and has not made any attempts to actively control the vehicle. he is immune from a DUI prosecution in Maryland.

What constitutes "actual physical control" includes 1) whether the vehicle is legally parked or on a public roadway, 2) whether the vehicle's headlights are on, 3) whether the ignition is on and the engine is running, 4) whether the driver is awake, 5) where in the vehicle is the occupant (driver's seat or back seat makes a significance difference), and 6) the physical location of the ignition key.

Continue reading " It is illegal to drink and drive in Maryland, but what is the meaning of "drive"? " »