July 22, 2010

DUI Subsequent Offender Receives Probation

As a Baltimore Maryland DUI/DWI Attorney I often represent people in DUI/DWI cases who have previously been convicted of a DUI or DWI in the past. These defendants are known as repeat or subsequent offenders in courthouse vernacular. Over the past few years prosecutors have begun to seek and judges have started to impose, harsher and harsher penalties including incarceration, even for defendants with only one prior offense. It is now pretty common for second offenders to receive 30 days or more and defendants with two or more prior convictions to serve sentences of six months or longer.

I blogged about a case a few weeks ago that I got involved after the sentence had been imposed and tried unsuccessfully to reverse the damage. In that case the defendant did not get into an accident, blew a .16 and had only one prior occurring 11 years prior to the second. He received a sentence of 4 months to serve in the Baltimore City Jail after the case was badly mishandled by his attorney. I represented a similarly situated second offender in the exact same court last week with a completely different outcome. Here are the facts.

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July 19, 2010

DUI Second Offender Sentenced to Four Months in Baltimore City

As a Baltimore Maryland DUI/DWI Lawyer I handle DUI's almost every day in the District Courts of Baltimore City and Baltimore County. Because I am always in court I am often in a position to watch other attorneys handle, and in many cases mishandle, DUI cases. I have blogged many times in the past about these cases usually positing the question, "are you being represented by the right lawyer".

I recently got involved in a DUI case that was badly mishandled by another attorney in Baltimore City Circuit Court. Here are the facts:

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September 24, 2009

Fifth Time DUI/DWI Repeat Offender Successfully Defended

http://www.mdattorney.com/lawyer-attorney-1301140.htmlhttp://www.mdattorney.com/lawyer-attorney-1301140.htmlSome of the most difficult Maryland DUI/DWI cases that Maryland DUI/DWI Attorneys are called upon to handle are cases in which the offender has prior convictions for Driving Under the Influence or Driving While Impaired. These people are known as "repeat offenders" and are, as one would expect, generally treated far more harshly than people charged for the first time. State's Attorney's typically seek jail terms for people with one or more prior convictions and file enhanced penalties which allow for sentences of up to 3 years instead of just 1 year which is the maximum penalty if the State has not filed the enhanced penalties. This week I kept an offender with four prior convictions out of jail in spite of the fact that the State had a virtually bullet proof case against him. I will explain momentarily but first a few general observations about representing repeat offenders in Maryland.

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August 14, 2008

Repeat Offender in Maryland DUI/DWI Case 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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