Scott's Maryland Lawyer Blog

Tickets for Accidents: You May Have a Defense

Wed, 22 Apr 2026 13:54:12 GMT

If you received a traffic ticket for an accident, you may be able to win your case.

The police often issue traffic tickets to people that cause a motor vehicle accident. Under Maryland law, a moving violation contributing to an accident is always at least three points. If you pay the citation, the points will likely lead to an increased insurance premium and could lead to a suspension of your license if it caused you to get to eight points.

You should always request a trial and fight a moving violation if the ticket was the result of an accident. These traffic citations are usually defensible even if the accident was your fault.

In almost all accidents, the police officer did not witness the collision. This means that for you to be convicted, a witness to the accident (other than you) must appear. In most cases, no witnesses appear and the result is an acquittal. You do not have to testify in the case and can remain silent under the fifth amendment.

In fact, in single car accidents, there were no witnesses in the first place. It is virtually impossible for the police officer to get a conviction in single car crashes unless there is video.

Usually, the police officer will simply tell the judge he or she did not witness the accident and the result will be a "not guilty" if no witnesses appear. Note that you should never request a waiver hearing since this admits guilt and excuses all witnesses (even the police officer) from appearing.

Therefore, if you receive a citation from an accident, go to court and fight it. There is a good chance you will be acquitted.

Reckless Driving: Watch Your Speed

Tue, 07 Apr 2026 14:51:08 GMT

Police are issuing tickets for reckless driving for speeding 30 mph over the speed limit and you could go to jail.

On October 1, 2025, the Maryland legislature made traveling 30 miles over the speed limit a jailable offense. Anyone proceeding 30 or more miles over the speed limit faces a maximum penalty of 60 days in jail, a $1,000.00 fine, and six points on their license.

I have received many calls from people charged with reckless driving and have handled these cases in Cecil County, Baltimore County, Kent County, Worcester County, and Harford County. While none of my clients have received jail time, I have heard reports that some judges are sending people to jail.

It is easy to lose control of your speed. Maybe you are not paying attention, are running late, or keeping up with traffic. It is important to be cognizant of the speed limit which may change frequently particularly in small towns.

The fact that the charge carres 6 points is concerning. It only takes 8 points to cause a license suspension and 12 points to have your license revoked. Points accrue in a 2 year period based upon the date of the incident.

Everyone needs to watch their speed. Otherwise, there could be severe consequences affecting your ability to drive and your liberty.

Information to Get After a Car Accident

Tue, 17 Mar 2026 17:53:48 GMT

Make sure you obtain this crucial information after an automobile accident.

It is easy to forget to obtain crucial information after a car accident. You may be nervous and your body is probably full of adrenaline. This is perfectly normal. However, there is certain information you always need.

You need the other driver's name, address, date of birth, and other information. The best way to get this is to take a picture of their license. You should also take a picture of their registration and tag so you have all of their vehicle information. You also need their insurance information so ask for a copy of their insurance card.

If the police came to the scene, the officer should give you a form containing the police report number. This will enable you to obtain a copy of the police report later. Note that sometimes the police do not prepare a police report and this form will tell you if one was prepared. In addition, this will give you the officer's name in case you need bodycam video later.

You will want to secure the names, addresses, phone numbers, and e-mail addresses of anyone who was a witness to the accident or came to the scene later. You should also take pictures of the damage to all vehicles and the position of the vehicles after the accident. You may also want photographs of the roadway. You may decide to shoot a short video of the scene.

If you went to the hospital, you will want to preserve any discharge papers and disability slips. You will want to provide these documents to your lawyer. You will want to keep any information concerning the towing of your vehicle.

Lastly, you should make notes about how the accident happened while the occurrence is still fresh in your mind. You should write a detailed chornology of everything that happened in case you forget later on. By taking these steps, you will preserve crucial information should your case go to court.

Driver's License Suspensions and the MVA

Fri, 27 Feb 2026 14:36:34 GMT

There are ways to prevent a license suspension.

If you receive a notice from the Motor Vehicle Administration that your driver's license will be suspended, do not panic. There are probably steps that you can take to fight the suspension. However, there are very short time deadlines to file for a hearing to prevent the suspension.

People receive suspension notices for a variety of reasons. Perhaps they accumulated eight points on their driving record or were convicted of a moving violation while on a provisional license. The Medical Advisory Board may have concerns about their ability to drive. They may have received a DUI that can result in a lengthy suspension.

In most cases, you can contest the suspension at an administrative hearing. When you receive a Notice of Suspension from the MVA, it should include detailed instructions on how to request a hearing. You will only have 10 or 15 days to file for the hearing and the time deadlines are strictly construed. In some cases, there is a $150.00 filing fee. In other cases, there is no filing fee.

All hearings are now virtual and take place on the WebEx platform. You can e-mail exhibits to the Office of Administrative Hearings in advance of the hearing. The hearing will be in front of an Administrative Law Judge who is independent and does not work for the MVA. The MVA will submit exhibits, but does not appear at the hearing.

In some cases, such as point violations or violations while on a provisional license, the judge has a great deal of discretion. You can present documentation of your need to drive such as a letter from your employer or school transcript as evidence. You also can testify. The judge can issue a reprimand which means that you can continue to drive without any suspension. The judge also can give you a work restricted license or reduce the suspension.

If you receive a DUI and the officer confiscated your license, you have a very short time to request a hearing. You will not receive a notice or warning from the MVA. Alternatively, you can put the ignition interlock on your car. If you are convicted or receive probation before judgment for a DUI, you will receive a letter requiring you to do the interlock if you have not previously done it for the same incident.

If the Medical Advisory Board is involved, they can issue an emergency suspension if they feel it is not safe for you to drive. In other cases, they do not issue an emergency suspension, but inform you that your will be suspended. In either case, you can file for a timely hearing and introduce medical records, letters from doctors, and completed forms to show that it is safe for you to drive.

In summation, if you receive notice of a suspension, act quickly to protect your rights. Most people cannot afford to have their license suspended and there are usually remedies to prevent that from happening.

What is a Stet in a Criminal Case?

Fri, 13 Feb 2026 14:11:10 GMT

A stet can be a good outcome in a criminal case.

In certain criminal cases, the State's Attorney may offer the Defendant a "stet". Most people (and even many lawyers) have not heard of a "stet" and have no idea what it means.

A "stet" means that the case is placed on the inactive docket. The case is not pursued, but it is not dismissed either. It is like a file being placed in a file drawer and locked away. Technically, the case remains open but in most cases the charge never is pursued by the State's Attorney.

Three people must all agree to the stet. They are the prosecutor, the Defendant, and the judge. A stet can be reopened for any reason within one year and for good cause between one and three years. In the overwhelming majority of cases, the stet is never reopened. The Defendant gives up his right to a speedy trial, but all other rights are preserved. If the stet is reopened, the Defendant can raise all other defenses and try the case.

It is common for there to be conditions with a stet. For example, the Defendant may be ordered to have no contact with the victim, complete an anger management program, or do community service. The failure to comply will cause the stet to be reopened.

A stet can be expunged three years after the entry of the stet. Anyone who is not a United States citizen should speak with an immigration attorney before getting a charge expunged.

A stet is an excellent outcome in most cases. There is no danger of going to jail or having to pay a fine. There is no risk of ending up with a criminal record and a stet eventually can be expunged.

Bails Review Factors in Criminal Cases

Wed, 04 Feb 2026 15:21:34 GMT

Courts consider many factors in deciding whether to set bail.

Everyone arrested for a crime or serious traffic violation has the right to a bail review hearing. They will first see a Commissioner who will decide whether to release them on their own recognizance, set bail, or deny bail. If they are not released, they will have a bail review hearing in front of a judge on the next business day. Note that if you are arrested on a Friday, your bail review hearing will not be until the following Monday if you are not released. These hearings are usual virtual hearings.

At the bail review hearing, the judge will consider many factors. These include the seriousness of the charges, whether the Defendant is a flight risk, whether the Defendant has ever failed to appear in court before, whether there is a threat to public safety if the Defendant is released, and the Defendant's prior criminal record. The judge will also consider whether the Defendant has some place to go if released and if it is a place where the Defendant can receive court notices.

A judge can also set conditions to the Defendant's release. These can include no contact with the victim and staying away from the victim's home and place of employment. It can also involve drug or alcohol testing and reporting on a regular basis until the trial date.

If the Defendant is released upon his or her own recognizance, the Defendant will be processed and released. If bail is required, the Defendant will need to have someone post bond which may or may not be a bail bondsman. Bail is required to insure that the Defendant appears for all court dates. It can be forfeited if the Defendant fails to appear for a court proceeding.

Everyone has the right to counsel at a bail review hearing. The Defendant can be represented by private counsel or the Public Defender. An experienced criminal defense attorney will know which points to address to have the best chance of getting the Defendant released from prison.

MVA Point System Increases

Fri, 30 Jan 2026 17:40:15 GMT

The Legislature Has Increased Points Assessed for Some Traffic Violations

On October 1, 2025, the legislature quietly increased the points that are assessed for certain traffic violations. Not only do points affect your insurance rates, but your license will be suspended if you reach eight points and will be revoked if you hit twelve points. There are ways to fight an attempted suspension or revocation at an MVA hearing, but it is better not to be in that position in the first place.

The most common offense seeing an increase in points is speeding 30 or more miles over the speed limit. These offenses previously carried five points. They now carry six points. In addition, if you are 30 or more miles over the speed limit, you can also be charged with reckless driving which carries up to 60 days in jail and six points. The fines are also much higher especially for speed violations that take place in a construction or school zone.

Negligent driving used to only carry one point. Now, two points will be assessed for negligent driving. As always, you will receive three points if an accident is involved.

Aggressive driving still carries five points, but now there are many more circumstances where aggressive driving can be established. It will be much easier for the police officer or State to prove aggressive driving.

A new law allows a police officer to issue a citation to a person on a bicycle, play vehicle, or unicyle should it fail to yield the right-of-way to a pedestrian or person riding an electric mobility device. The face value of the ticket is $50.00.

The traffic laws continue to change every year. The increase in points can affect you if you already have points on your driving record.

New Laws for the New Year

Mon, 05 Jan 2026 17:49:51 GMT

New Laws took effect January 1st.

Several new laws took effect on January 1, 2026. First, all barbers and cosmetologists will be required to undergo domestic violence training when applying for or renewing their licenses. The training will last one hour and can be online or in person.

All health insurers, including self-insured entities, must provide free cancer screenings to firefighters. There can be no co-pay or deductible charged to the firefighter. Firefighters are at great risk for cancer due to the chemicals and smoke exposure.

Certain out of network providers must be covered in network by a health insurance plan if there are no specialists in network. This will protect people with rare medical conditions. No authorization is needed for transfers to a special pediatric hospital. Health insurers must now cover hearing aids prescribed , fitted, and dispensed by a licensed hearing aid provider.

A new law requires residential service agencies to categorize home care workers as employees. Transportation network companies must also provide weekly earnings summaries to ride share drivers.

There are many other new laws that have taken effect as well. These are just some of the highlights.

Can you driver on the shoulder to pass a turning vehicle?

Tue, 16 Dec 2025 20:04:53 GMT

You can pass a vehicle on the shoulder in limit circumstances.

Everyone has seen a driver pull onto the shoulder to pass another vehiucle. Is it legal? The answer is, as lawyers are so apt to say, "it depends." In certain circumstances, you can drive on the shoulder so long as certain criteria are met.

The Maryland legislature changed the law to allow a car to drive on the shoulder so long as all of the following criteria are met. First, you can only drive the vehicle on the shoulder if you are attempting to ovetake a vehicle making a left hand turn. You cannot use the shoulder to pass a vehicle making a right turn or going straight. You also cannot pass a vehicle on the beltway by using the shoulder. You must be attempting to pass a vehicle making a left turn and you must pass the vehicle on its right side.

Second, you must use the shoulder on a paved road where there are no parked cars. Thus, if the shoulder is composed or dirt or grass, you cannot use the shoulder. If there is a parked car, you also cannot use the shoulder. You must keep your entire vehicle on the paved surface of the shoulder.

The only other situation where you can drive on the shoulder is by pulling your vehicle over to the shoulder due to an emergency and coming to a complete stop. There are no other exceptions. In fact, if traffic is slowing down due to an accident, there is likely a police officer ahead who will ticket you if you risk driving on the shoulder when not allowed.

Motions Practice in Criminal Cases

Tue, 02 Dec 2025 15:38:04 GMT

There are standard motions filed in criminal cases to protect the rights of the accused.

There are standard motions filed in criminal cases that are important to protect the Constitutional rights of the accused. The failure to file these motions could waive the Defendant's rights and prevent issues and defenses from being raised at trial.

Attorneys file a Request for Discovery and Motion to Produce Documents in every single case. This requires the State's Attorney to turn over exculpatory evidence as well as documents and the identity of witnesses that that will be used at trial. They will have to turn over bodycam video of all police officers. They will be asked to idenitify any alleged confidential informants.

In addition, a demand for speedy trial is filed in each case. A defendant has a Constitutional right to a speedy trial, but it must be filed in writing. If there are many delays, this can be used as a basis to possibly get the case dismissed. In Circuit Court, a defendant is supposed to be tried within 180 days of the date the attorney enters his or her appearance or the Defendant's first court appearance. This can be waived upon a finding of good cause.

A Motion to Suppress is also filed in each case. This may be used to keep out certain evidence. An example would be if there was an illegal search and seizure. Any evidence derived from an illegal search and seizure may be suppressed as "fruit of the poisonous tree." An attorney can also file a motion to sever the case from other co-Defendants' cases or a motion to consolidate the charge with other matters.

In a drug or alcohol case, attorneys file a demand for the presence of the chemist, analyst, or breath technician and anyone in the chain of custody. Absent the filing of such a pleading, the State may be able to get into evidence a drug or alcohol test result without calling a witness at trial. The filing of the demand means that the State will not be able to get the results in without live testimony and may even have to call any witnesses that had possession of the substance.

All of these motions in criminal cases are important to protecting the accused's Constitutional rights and defenses. They must be filed timely and in writing.

Right to a Jury Trial

Fri, 21 Nov 2025 14:36:28 GMT

You have a constitutional right to a jury trial in these cases.

You have a right to a jury trial in criminal and civil cases in certain circumstances. Not every case allows you to have a trial in front of a jury.

You have a jury trial in a criminal case where one of the charges carries more than 90 days in jail as a maximum penalty. Therefore, you do not have a right to a jury trial if you receive a speeding ticket since it is a non-incarcerable offense. Similarly, there is a no right to a jury trial if the sole charge is driving without a license for a first offense since that carries a maximum penalty of 60 days in jail.

All jury trials in criminal cases take place before 12 men and women from the motor-voter rolls of the county where the case is tried. The verdict must be unanimous. If the jury cannot agree, it will result in a hung jury and the case can be tried again.

In civil cases, there is a right to a jury trial if the claim for damages exceeds $25,000.00. Therefore, a small claims court case is always tried in front of a judge. If you want to avoid a jury trial, limit your claim to $25,000.00 or less.

Civil jury trials take place before six men and women from the motor voter rolls of the county in which the case is tried. The verdict must be unanimous and a hung jury will result in a retrial.

There are circumstances where you may like your chances better before a jury as opposed to a judge or vice versa. In a criminal case, it is the Defenant's choice. However in a civil case, either side can request a jury trial.

Scams

Mon, 03 Nov 2025 14:58:38 GMT

If you think it is a scam, it probably is.

Every day people ask me if an e-mail or text is a scam. The truth is that in almost every single case, it is a scam. If you get something you believe is a scam, do not click on any links, call or text them, or interact in any way. Absolutely do not give them your social security number, credit card, or bank account information.

There are numerous scams out there. Some claim to be from the Sheriff/FBI/Police claiming that there is a warrant for your arrest and they will enforce the warrant unless you pay them money. It is obviously a scam because you cannot pay money to avoid a warrant and warrants are not issued for debts. We do not have debtors' prison in the United States.

Another common scam is an e-mail or text saying that they have charged your credit card/debit card for a product or warranty you never purchased. They then say if you have any questions, to call them. Their hope that you call and give them your credit card or bank account information so they can rip you off. You should ignore and block them.

There is also the "payday loan" scam. They e-mail or text you that you owe money for a payday loan you never took out in the first place and they try to get you to remit payment. They keep the amounts small (a few hundred dollars) thinking that you are more likely to send a payment if it is for a small amount. Ask yourself if you get this e-mail: did you ever even take out a payday loan?

There is the IRS scam. You can get a text or e-mail that they have learned that you owe money to the IRS and your failure to resolve it will lead to your prosecution. Everyone fears the IRS. Of course, the IRS does not communicate by text or e-mail.

There numerous other scams such as claiming you have won the Nigerian lottery and your need to remit payment to cash in your prize, that your computer has been hacked and you need to make a ransom payment to regain the use of your computer even though your computer is working just fine (although ransomware is a real thing and can happen), calls that your son/daughter needs money immediately and you should send payment, and many, many others.

Remember, do not provide any information to scammers. Never provide your social security number, credit card, debit card, or bank account information to anyone that makes you the least bit suspicious. If you think it is a scam, it probably is.

Cap on Damages for Injuries to Pet Increases to $25,000

Wed, 15 Oct 2025 18:27:25 GMT

Buddy's Law Increases Limit on Pet Injuries to $25,000

Effective October 1, 2025, a new law, Buddy's Law, took effect increasing the cap on damages for an injury to a pet from $10,000 to $25,000. The law limits your recovery for an injury or death of a pet to $25,000 in economic losses. In the case of death, you can recover the fair market value of the pet since pets are considered personal property.

This means that if someone runs over your dog negligently, you can sue them for veterinarian bills up to $25,000. You cannot sue for the dog's pain and suffering because that is a noneconomic loss. Your recovery for economic losses cannot be greater than $25,000.

The same is true if a veterinarian commits malpractice in treating your pet. You can only recover up to $25,000.

Nonetheless, this is a substantial increase from the limit of $10,000. Any pet owner will tell you that vet bills are expensive especially if the pet needs surgery and is kept for several days.

New Laws for Speed Camera Tickets Take Effect October 1st

Mon, 29 Sep 2025 18:45:41 GMT

Speed camera tickets will be a lot more costly.

It is about to get a lot more expensive if you receive a speed camera violation. Effective October 1, 2025, the ticket you get in the mail will put a serious dent in your wallet. The days of each speed camera violation costing $40.00 will be long gone.

Beginning Wednesday, the following fines will apply:

$40.00 if 12-15 miles over the speed limit

$70.00 if 16-19 miles over the speed limit

$120.00 if 20-29 miles over the speed limit

$230.00 if 30-39 miles over the speed limit

$425.00 if 40 or more miles over the speed limit

Note that speed camera tickets do not carry points. However, they are about to get a great deal more expensive.

How to Tell If You Have a Warrant

Tue, 23 Sep 2025 13:46:24 GMT

There are ways to determine if you have an outstanding warrant.

Many people have outstanding warrants. Maybe they failed to appear for court many years ago or were charged with a crime and the warrant was never served. Either way, there are ways to determine if a warrant exists.

First, you can check Maryland Judiciary Case Search. The court's website will show some warrants, but not all. For example, if a judge issued a bench warrant, it will appear. This often happens if someone fails to appear for a trial date. However, if a charge is filed and a judge issues an arrest warrant, it will be hidden until the warrant is served and will not show up on Case Search. This is because the court fears that if one knows about the warrant, they will hide and try to evade being arrested.

The good news is that there is usually a way for an attorney to see the warrant. They can login to the court's electronic filing system and search your name to see if there is a case that does not appear online.

Assuming there is a warrant, an attorney can file a motion to quash the warrant and ask that a summons be issued. Not all motions to quash will be granted. The less serious the charge, the more likely the motion will be granted. It also depends on other factors such the Defendant's prior record and whether the State objects.

A warrant is a serious matter. The police can stop someone for a minor traffic violation and will arrest someone who has a warrant. The individual may then spend a night or longer in jail. If the warrant is in another state, they can be held until the authorities decide whether to come and get them. It is better to discover the warrant in advance and deal with it to avoid this situation.

Request a Trial and Not a Waiver Hearing in Traffic Cases

Thu, 11 Sep 2025 13:49:21 GMT

Requesting a waiver hearing is a mistake in traffic cases.

I see it all the time. People request a waiver hearing after receiving a speeding ticket or other traffic infraction. They do it because they were speeding at the time of the accident and do not have a defense to the citation. Requesting a waiver hearing is a big mistake.

When someone receives a traffic ticket, they have 30 days to elect one of three options. They can pay the fine which counts as a conviction and will result in points if it was a moving violation. No one should do that.

Second, they can request a waiver hearing. A waiver hearing admits guilt and the judge can give you a break by offering probation before judgment or reducing the fine. Requesting a waiver hearing is not a good option because it excuses the police officer from having to be there.

Many people do not understand that the third option, requesting a trial, is the best option. This is true even if you do not have a valid defense. The fact of the matter is that sometimes the police officer does not appear. If the police officer does not appear, the charge will be dismissed or you will be acquitted. There will be no evidence against you.

If the police officer appears, you can still plead guilty and the judge can still give you a break. You lose nothing by requesting a trial with maybe one exception. If you were argumentative or disrespectful with the police officer, the judge will know because the officer will tell him or her.

If you receive a ticket and it is a moving violation, request a trial within 30 days and go to court. If the officer is not there, enter a plea of not guilty and you walk out with an acquittal.

Check Your Record on Maryland Judiciary Case Search

Thu, 04 Sep 2025 20:43:50 GMT

Everyone should periodically look themselves up on Case Search.

Maryland Judiciary Case Search is a valuable resource. You can look up criminal and civil cases for all of Maryland. It is important to periodically look up yourself to see if there are any pending actions.

We receive calls from clients who have judgments against them and they did not even know about it. Many clients do not know until their wages or bank accounts are garnished. If they had checked online, they may have discovered the pending action before it got to that stage. Moreover, they could have avoided 10% post-judgment interest or defended the case.

Other clients may discover outstanding warrants. It is much better to know about a warrant in advance before one is taken to jail. An attorney can file a motion to quash the warrant in many cases.

Some clients may discover an unpaid traffic ticket which has resulted in a license suspension. It is better to resolve it before being charged with driving on a suspended license. A client can pay the ticket or request a court date either of which can lift the suspension.

A client may even discover a Protective Order or Peace Order. If it was denied, dismissed, or the client consented to the relief, it can be shielded from public view.

The simple act of occasionally checking Maryland Judiciary Case Search can save a lot of pain and aggravation later on. Many things discovered online have a solution.

Collateral Consequences in Criminal and Traffic Cases

Tue, 29 Jul 2025 14:55:05 GMT

The disposition in your criminal or traffic case can have unforeseen consequences.

There are collateral consequences in many criminal and traffic cases. While you may plead guilty in a criminal or traffic case and face little punishment, the conviction or even probation before judgment can have a a huge impact on your life and liberty.

Most people know that moving violations result in points on your Maryland driving record. If you receive a conviction or points, your insurance rates are likely to increase. To make matters worse, the MVA will make you do driver improvement if you get to 5 points, will attempt to suspend your license at 8 points, and will attempt to revoke your license at 12 points.

For this reason, most people seek probation before judgment which is not a conviction and avoids the points. While this is generally a good strategy, a PBJ still have have collateral consequences. If you have a provisional license, a PBJ counts as a violation and you will be forced to do driver improvement for a first offense and face a suspension for a second or subsquent violation. It also resets the clock to convert to a regular license.

In addition, CDL (commercial drivers license) holders are not saved by the PBJ. Under federal law, a PBJ counts the same as a conviction. Therefore, all CDL holders should consult with an attorney in any traffic matter.

While generally speaking Maryland drivers who are convicted of minor traffic violations (i.e., speeding) out of state do not receive points, the conviction will appear on their Maryland record. This may make it less likely to be given a break in court in the future. Provisional and CDL license holders still face consequences for these convictions. Moreover, out of state drivers who receive convictions in Maryland may be assessed points by their home states.

Criminal cases also can have an impact on other matters. If you were on parole or probation when the offense was committed, a conviction or PBJ will still violate your parole or probation. Thus, while the PBJ may avoid a conviction in the new case, it can send you to jail in the old one.

If you are not a United States citizen, a conviction or probation before judgment can affect your immigration status. A conviction or PBJ can also affect your gun rights depending on the nature of the charge. If you accepted probation before judgment, you also waived your right to appeal since a PBJ is not a conviction.

You should always be careful before entering a plea deal and understand not only the consequences in the underlying case, but the impact on other cases. This will enable you to make an informed decision on the best way to proceed.

New Tax Laws Take Effect July 1st

Tue, 01 Jul 2025 16:52:59 GMT

There are new taxes effective July 1, 2025.

The Maryland legislature has passed several new tax laws that take effect July 1, 2025. These taxes will affect most people one way or another. Certain fees have also increased under the new law.

There is a brand new 3% tax on the sale of IT services which is known as the "tech tax.". This will apply to data stored in the cloud, computer repairs, technical services, data processing, website design, and more. This appears to be a compromise between the sales tax (6%) and the fact that these services were not previously taxed.

There are higher taxes on cannbis sales which increase from 9% to 12%. The tax on mobile sports wagering increases from 15% to 20%. The emissions inspection fee more than doubles from $14.00 to $30.00. There are increased fees to register your car as well as on car rentals. There is a new fee on the sale of new tires in the amount of $5.00. There is a new sales tax on gold and silver (6%).

High wage earners will also be affected under the new laws. Individuals making more than $500,000 will pay a higher state income tax. Local governments are also permitted to assess higher taxes which will affect everyone.

The new laws are now in effect. Be prepared to have a little less spending money in your pocket.

Reckless Driving and Speeding 30 MPH Over Will Carry Jail Time

Thu, 19 Jun 2025 14:23:15 GMT

A new Maryland law will make reckless driving and some speeding tickets incarcerable.

The legislature has followed in Virginia's footsteps and enacted a new law that will make reckless driving and some speeding tickets incarcerable. Under the new law, anyone charged with reckless driving or speeding 30 or more miles over the speed limit can face charges carrying up to 60 days in jail and a $1,000.00 fine. This is a change to the current law where all reckless driving driving and speeding charges do not carry jail time. The new law takes effect October 1, 2025.

The law was named for Sgt. Patrick Kepp, a Montgomery County police officer, who lost both legs in an accident caused by a speeding motorist in 2023. The MVA will assess 6 points for convictions under the new law rather than 5 as it currently stands. Motorists may want to watch their speed or they will face harsh consequences starting this October.

Legal Duties After an Accident

Tue, 17 Jun 2025 15:16:36 GMT

The law imposes certain obligations on you if you are in an accident.

If you are involved in a motor vehicle accident, the law requires that you provide certain information to the other driver. You must provide your name, address, and registration information. If requested, you must also provide your driver's license. You must provide this information to any person injured in the accident or to anyone in a vehicle that sustains property damage. If the police come to the scene, you must provide your driver's license to the police officer.

If the other vehicle is unattended, you must leave a note containing the information. If it is impossible to leave a note, you must go to the closest police station and report the accident. Your failure to follow these steps could lead to one or more charges for leaving the scene of the accident which carries possible jail time.

If anyone requires medical attention, you have a duty to provide assistance. This may include calling for an ambulance, dialing 911, or transporting the person to a doctor or hospital.

In addition, you should promptly report the accident to your insurance company. Most insurance policies require you to report an accident as soon as possible.

It is important to comply with the law to avoid legal issues later.

Arrest Warrants

Fri, 16 May 2025 14:17:37 GMT

After your arrest, you have certain rights.

If you are arrested as the result of a warrant or at the scene, it is a very scary situation. No one wants to sit in jail. You have certain rights in these circumstances.

When you are arrested, you will be placed in handcuffs and taken to the police station. You will be fingerprinted and processed. You will then be taken before a Commissioner who is available 24 hours a day. You have the right to be represented before the Commissioner although most people waive their right to an attorney.

The Commissioner will evaluate numerous factors such as the seriousness of the charges, your prior record, whether you have failed to appear for court in the past, whether you have some place to go, and whether you are a flight risk. The Commissioner will then either release you on your own recognizance, set bail, or order that you be held without bail.

If you are released on your own recognizance, then you get to go home. If bail is required and you post bail, you also get to go home. However, if you are denied bail or do not post bail, then you will be held in jail until the next business day. This means that if you are arrested on a Friday, you will be held until Monday which is why it is a bad idea to turn yourself in on a warrant on a Friday.

The next business day you will have a bail review hearing before a judge. Typically, you would appear remotely from jail. You have the right to counsel at the bail review hearing and you should exercise that right. Your attorney will be in the courtroom and can advocate on your behalf. The judge will then decide whether you should be released on your own recognizance, bail should be set, or you should be held without bail. There are many circumstances where a judge will release you even if the Commissioner denied bail.

If the judge denies bail, you have a couple of options. You can file a renewed motion for a bail review if there is a change in circumstances. An example would be if the State drops felony charges at the preliminary hearing. You also can file a Petition for Habeas Corpus in the Circuit Court. This could get you a hearing where the Circuit Court judge can release you or allow bail.

If you are aware of a warrant, contact an attorney. In certain cases, an attorney can file a Motion to Quash asking that the warrant be recalled. These are most often granted for bench warrants where a defendant fails to appear for court.

Expungement Reform Act Signed

Wed, 23 Apr 2025 14:11:01 GMT

Governor Moore signed the Expungement Reform Act into law yesterday.

On April 22, 2025, Governor Moore signed the Expungement Reform Act of 2025 into law. It expands the number of criminal convictions that can be expunged. In most cases, eligible charges can be expunged five years from the end of probation. The law takes effect on October 1, 2025.

Some of the new charges that can be expunged after the waiting period include credit card theft, making a false statement to a police officer, writing bad checks, and driving without a license. In addition, the law will now allow expungement even if there was a parole or probation violation. Individuals with criminal records have a difficult time finding jobs or leasing an apartment. Expungement give them a second chance and clean start.

Every year, the legislature expands the scope of convictions that can be expunged. If you have a criminal conviction that is eligible for expungement, you should do so immediately. The forms are online or an attorney can do it for a small fee.

Ten Tips for Traffic Tickets

Mon, 24 Mar 2025 14:46:08 GMT

Here are ten things to know if you get a traffic tickets.

Here are ten tips on what you should do if you get a traffic ticket.

1. If one or more of the tickets is a "must appear" offense, do not pay any of the tickets. You do not need to request a court date. You will automatically receive a trial date in the mail. There will be a State's Attorney involved in the case and they will likely be willing to drop several of the tickets as part of a plea deal. You should consider retaining counsel since one or more of the tickets may carry possible jail time or have significant consequences to your license.

2. Make sure the address on the citations is the correct address. All court notices will be mailed to the address on the ticket. If you have moved or there is a typographical error, you should correct it with the court so that you receive trial notices. If you miss a court date, your license will be suspended and a warrant could be issued.

3. If all of the tickets are payable, you have 30 days from the date of the ticket to request a trial, waiver hearing, or to pay the citation. If you fail to act, your license will be suspended. You should always request a trial and not a waiver hearing since a police officer must appear if you request a trial and they sometimes do not appear. If the police officer fails to appear, you will be acquitted.

4. If you go to court, the judge has the discretion to offer you probation before judgment which avoids the conviction and points. The judge will primarily be interested in your driving record. Therefore, you should bring your driving record with you to court. Note that the judge can see your driving record in all 50 states from a computer so never lie to the judge.

5. If you receive a ticket and can correct the issue, you should do so. If you were charged with driving without insurance, get the vehicle insured. If you received a ticket for driving on a suspended license, resolve the issue with your license. You should bring proof the problem has been resolved to court.

6. If you receive a DUI, you should promptly be evaluated in a certified alcohol treatment proigram, complete a Victim Impact Panel through MADD, and speak with an attorney about whether you should request an administrative hearing to prevent the suspension of your license or elect the ignition interlock program.

7. If you receive a high speed speeding ticket or are a young driver, consider doing a driver improvement program before court and bring the certificate of completion to court.

8. If you have a provisional license, the stakes are higher so consider retaining an attorney. A first offense on a provisional (conviction or PBJ) will result in a mandatory driver improvement program, a second offense a 30 day suspension, and a third offense a 180 day suspension. In addition, a violation on a provisional starts the 18 month waiting period to get your license over again.

9. When you go to court, dress appropriately. You should never wear a t-shirt, jeans, or shorts to court. Be respectful to the officer and judge.

10. Never a pay a traffic ticket without knowing the consequences to your license and insurance rates. Many tickets carry points and you should never pay a ticket that carries points. Some tickets do not carry points, but can still lead to issues with your license.

If you are unsure how to proceed, reach out to an attorney to obtain advice. Most attorneys will answer your questions without charge.

Insurance Lapses

Thu, 13 Feb 2025 19:44:59 GMT

You can fight penalties for car insurance lapses.

It happens to many people. They get a letter from CCU ("Central Collections Unit") that there is an insurance lapse and they have been fined $200.00 for the first 30 days and then $7.00 per day thereafter. This can add up to thousands of dollars. To make matters worse, CCU will seek penalties and interest and threaten to intercept your State tax return. They will also tell you they will suspend your current registration until the fines are paid and they do sue individuals for these fines.

There are steps that you can take to fight the penalties. However, you will need to provide documentation in order to do so. If you have not had a prior insurance lapse, you can prove that your vehicle was not driven during some or all of the penalty period, you did not receive a ticket while driving the vehicle during this period, and the vehicle was not involved in an accident or collision. Maybe your vehicle was totaled and you forgot to turn in your tags. You will need a total loss report from your insurance company or a receipt from a junkyard. The Motor Vehicle Administration will not take your word for it. They want to see proof.

It is possible that your car was insured during this period. If that was the case, you will need your insurance company to fill out a form to give to the MVA.

Another exception is if you paid a premium to an insurance company or agent and they failed to provide coverage. You would need documentation to support this.

There is a form containing an Affidavit that you or others can sign to prove these elements. Just be aware that the MVA will normally not abate the fines without supporting documentation to substantiate your Affidavit.

New Law: Shielding Failure to Pay Rent Cases

Mon, 03 Feb 2025 20:10:22 GMT

A new law allows tenants to shield failure to pay rent cases.

There is a new law that took effect October 1, 2024, which requires the District Court to shield all court records related to failure to pay rent cases if the case did not result in a judgment of possession. The tenant must demonstrate by a preponderance of the evidence that he or she paid the judgment amount prior to eviction and stayed in the property (i.e., the tenant exercised their right of redemption) and at least 12 months have passed since the entry of the judgment OR (2) The court determines that there is otherwise good cause to shield the court records.

The new law is codified in Md. Ann. Code, Real Property Art., Sec. 8-503. The law also provides that the court shall automatically shield all court records related to the proceeding within 60 days of the final resolution of the matter so long as the proceeding did not result in a judgment of possession.

Shielding means that the case is hidden from public view. It is not expunged so the records still exist and are not destroyed. It is important to shield failure to pay rent cases if eligible because future landlords may not be willing to rent to you if they see that failure to rent cases have been filed against you.

Speed Camera Fine Increases

Wed, 22 Jan 2025 16:13:11 GMT

Speed camera fines have increased in work zones and they are doubled if workers are present.

Effective January 1, 2025, speed camera violation fines have increased in work zones. The fine amounts are variable depending on how many miles you are over the speed limit in work zones:

12-15 mph over $60.00

16-19 mph over $80.00

20-29 mph over $140.00

30-39 mph over $270.00

40+ mph over $500.00

In addition, work zone violations with workers present double the fines:

12-15 mph over $120.00

16-19 mph over $160.00

20-29 mph over $280.00

30-39 mph over $540.00

40+ mph over $1,000.00

This is a huge increase since speed violations were $40.00 under the prior law before being changed to $80.00 on June 1, 2024. Watch your speed!

Traffic Court: Let's Make a Deal

Fri, 10 Jan 2025 15:42:56 GMT

You can negotiate a deal with the police officer in many cases.

You are probably nervous when you go to traffic court to fight a ticket. Hopefully, you requested a trial and not a waiver hearing which requires the police officer to appear. Sometimes the officer fails to appear and you will get an acquittal if you plead not guilty.

However, if the officer is present in the courtroom, all is not lost. You can talk to the officer before court begins. In fact, in many cases you can negotiate with the police officer to get a better deal. Many police officers are receptive to making a deal although some will refuse to do so. You should always be polite and respectful when you approach the police officer.

For example, if you were charged with speeding doing 85 mph in a 65 mph zone, this is a 5 point ticket. The officer may be willing to amend your charge to speed greater than reasonable which is only 1 point.

If you received four tickets, the officer may agree to proceed only on one. The officer may even allow you to proceed on a citation that does not carry points. Attorneys attempt to negotiate a deal with the officer in many cases depending upon the charges.

Most judges will allow the police officer to drop or amend charges as a result of a deal. However, some judges will not allow it since the police officer is technically a witness and not a party to the case. The police officer will most likely know whether a particular judge will allow it.

Before negotiating, make sure that you know the points associated with each ticket. Your goal is to go forward on a ticket with the fewest points. The police officer will not be offended if you politely and reasonably try to negotiate a favorable deal.

Time Deadlines in Criminal and Civil Cases

Fri, 06 Dec 2024 16:46:48 GMT

There are strict time deadlines in criminal and civil cases.

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Insure and Register Your Car Before Driving

Tue, 05 Nov 2024 16:52:29 GMT

Police will charge you with driving without insurance if you fail to insure and register your car before driving it.

People do it every day. They purchase a used car. They then drive it home without registering or insuring the car. Maybe they put a tag from another vehicle on it. Unfortunately, they become an easy target for the police to stop them.

Police officers randomly check tags of motor vehicles on the roadway. They also look for expired tags. If they pull you over and the car is not registered or insured, you will receive numerous citations such as driving without insurance (carries up to a year in jail and five points), failing to register the vehicle, displaying improper tags, driving on expired tags, failing to maintain security, and a host of other charges. To make matters worse, your car will be towed and you will have to pay very expensive storage fees and towing costs.

It is far better to register and insure the vehicle before driving it. If you must pick up the vehicle first, tow it to your home. You should never drive a vehicle that is uninsured and/or not registered. Otherwise, there are serious consequences.

A DUI Probation Before Judgment Can Now Be Expunged

Wed, 16 Oct 2024 14:30:22 GMT

Effective October 1, 2024, you can now get a DUI expunged if you received probation before judgment.

A new law has taken effect that will benefit many people that received DUI's over the years. Anyone who received probation before judgment for a DUI or DWI may now be eligible for expungement 15 years from the end of probation. This is a major change as previously a PBJ for a DUI could not ever be expunged.

The new law took effect October 1, 2024, but applies to anyone who received a PBJ prior to that date. There are several requirements. First, the individual must wait 15 years from the end of probation to file for expungement. Second, the individual cannot have any subsequent convictions or charges that are not eligible for expungement. Third, the State can object if the probation was not successfully completed.

This is a major change in the law. An expungement will allow individuals to clean up their record and remove embarassing entries from Maryland Judiciary Case Search. Anyone eligible for expungement should file immediately.

Police Reports in Motor Vehicle Accidents

Fri, 04 Oct 2024 18:20:13 GMT

Download the police report when it is available.

A police report is usually prepared if anyone involved in the automobile accident is taken by ambulance from the scene or at least one of the cars has to be towed. The police officer gives all the drivers a Motor Vehicle Collision Information Exchange Form. The form contains the names and addresses of all drivers, other witnesses, and passengers as well as information concerning the vehicles involved and insurance.

The form tells you whether a report will be prepared and contains a case number. Most of the time, a police report, if available, can be downloaded from the internet as soon as it is available. The procedures are different depending upon the county. There is a nominal fee, but you can usually download the report instantly. In some counties, the procedures are different and you may need to request the report by mail or go to Central Records.

The police report is prepared on a form called the State of Maryland Motor Vehicle Crash report. The first page states the date and time of the accident, the specific location of the accident, a diagram of the accident, and the officer's narrative describing how the accident happened. He will refer to each vehicle as "VEH 1", "VEH 2", etc. so you will need to look at the subsequent pages to see which vehicle is which. It will indicate whether pedestrians or a school bus was involved, a driver was impaired, and whether the officer took photographs.

Each of the subsequent pages will identify the vehicle, driver, and provide all kinds of useful information. It will give you the year, make, and model of the vehicle and the insurance company and policy number. It will give you the driver's name, address, phone number, license number, and age. It will identify where the vehicle was and the area of the vehicle that was damaged. It will tell you if the vehicle was towed and whether the driver was deemed to be at fault. It will also identify any passengers in the motor vehicle and whether anyone was injured.

After the information is provided for each vehicle, the police report will list the names, addresses, and phone numbers of any witnesses. For more serious accidents, there may even witness statements attached.

A police report provides a lot of useful information in connection with a motor vehicle accident. It can often be accessed quickly by downloading it.

DUI Defenses

Fri, 27 Sep 2024 18:37:05 GMT

There are numerous defenses that can be raised in a DUI case.

There are numerous defenses and issues that can be raised in a DUI case. Some are complex legal issues where there is extensive caselaw. Many of the same issues can be raised at the MVA hearing.

For example, a breathalyzer test must be administered within two hours of the Defendant's arrest. If it is administered beyond two hours, it is inadmissible. There could still be other evidence used to attempt to convict the Defendant.

In addition, the Defendant must be observed for 20 minutes continuously before the breathalyzer test can be done or it is inadmissible. This is to be sure that the Defendant does not have food, gum, or anything in his mouth that can affect the test.

There may be an issue of whether the Defendant was "driving" the vehicle at the time of the accident. The court will look at whether the motor was running, where the Defendant was in the vehicle (behind the driver's wheel or elsewhere in the car), whether the Defendant was awake or alseep, whether the car was legally parked, among other factors. This issue arises frequently where the Defendant was passed out or alseep in the car on the side of the road.

A defendant must be properly advised of his right to take or refuse the test. This is done by reading or having the Defendant read the DR-15 form. The police officer cannot mislead the Defendant to cause him to take or refuse the test and must allow the Defendant to speak to an attorney if one is requested.

There may be an issue of whether there was a reasonable ground to stop the Defendant in the first place. If the Defendant is driving the speed limit and not swerving, the police officer must have another reason for the stop.

There must also be a reasonable basis to ask the Defendant to do field sobriety test. This may include smelling alcohol on the Defendant's breath, the Defendant slurring his words, or the Defendant stumbling.

The good news is that there is almost always bodycam video of the entire interaction. There may be an issue of how the Defendant did on the field sobriety tests. The judge can watch the field sobriety tests in deciding whether the Defendant was under the influence.

There are many other defenses that can be raised in a DUI case. Every case is different and must be analyzed to determine the best trial strategy.

Improper Venue in Criminal and Traffic Cases

Wed, 18 Sep 2024 14:36:08 GMT

You can get the charges dismissed if they are brought in the wrong county.

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PIP Coverage

Fri, 06 Sep 2024 17:42:09 GMT

Personal Injury Protection Coverage covers medical bills and lost wages.

Personal Injury Protection ("PIP) coverage offers insurance coverage for medical bills, lost wages, and loss of household services. It is a form of no-fault coverage through your automobile insurance policy which means that it covers you regardless of whether you were at fault. Under Maryland law, you automatically have PIP coverage on your vehicle unless you sign a waiver of the coverage.

If you did not waive the coverage, PIP limits are at least $2,500.00 and can be as much as $10,000.00. It covers medical bills and prescription expenses at 100%. It also covers lost wages at 85%. In addition to PIP coverage, some people carry Medical Payments coverage ("MedPay") which affords additional coverage for medical bills.

Many people unknowingly waive PIP coverage to save a few dollars on their premiums. This is often a mistake because PIP can provide prompt reimbursement of medical expenses and lost wages which many people need following a motor vehicle accident. If you see that your policy has "Limited PIP" or something similar, it probably means that you waived PIP coverage. A PIP waiver precludes from claiming PIP under your policy or anyone else's.

PIP cannot be waived for anyone under the age of 16. However, if an adult in the household waives PIP, it waives the coverage for all individuals in the household 16 years of age or older.

PIP in Maryland does not affect your ability to sue the other driver and you can still recover any medical bills and lost wages even if they were paid by PIP. This is called the "collateral source" rule.

You should review your insurance policy to make sure that you have not waived PIP on your policy. It is often not worth it to save a small amount of money on your insurance premium.

Total Loss After a Car Accident

Fri, 30 Aug 2024 18:48:45 GMT

A total loss entitles you to the fair market value of your vehicle plus sales tax and tags.

It is everybody's worst nightmare. Someone rear ends your car and it is totaled. No one wants to replace a perfectly good car. It is expensive and inconvenient.

If your car is totaled, the insurance company must pay you the fair market value of the car plus 6% sales tax and the cost of transferring your tags. Insurance companies will value your car by using a service like CCC One to determine its value. They will look at comparable vehicles that are the same year, make, and model and in the same geographical area. They will adjust for mileage and different features on the comparable cars.

Under the Code of Maryland Regulations ("COMAR"), you do not have to accept the insurance company's valuation of your car. You are entitled to make a counter offer. In order to comply with COMAR, you must provide proof of your car's worth when making a counter offer. You can do this by pulling comparable vehicles from www.cars.com or other resources. You can also get the offer increased by showing that the total loss report did not include features or options that were on your car.

Once you accept the offer, you will need to send the insurance company a signed title. The insurance company will then pay off any lien on the car and send you a check for the remainder. If the total loss does not pay off the car, you will have a delinquency balance due. You should then check to see if you have GAP coverage that will pay off the loan. You should note that the total loss offer is not affected by the amount due on your car loan.

Lastly, the insurance company must also pay any storage costs, towing fees, and reasonable rental car expenses while the total loss is being resolved. It is always difficult to unexpectedly have to buy a car when one's vehicle is totaled. Hopefully, the insurance money serves as a significant down payment toward your next vehicle.

Using Common Sense to Mitigate Serious Traffic Tickets

Fri, 23 Aug 2024 18:23:58 GMT

You can take steps to mitigate serious traffic offenses and avoid harsh consequences.

It happens to many people. They get charged with driving without insurance due to an insurance lapse or driving on a suspended license because they forgot to pay a fine. Maybe they had a few too many beers and received a DUI. The steps they take between the date of the offense and the trial date can be the difference between avoiding jail and a conviction.

It is really simple. An individual should immediately take steps to rectify the problem and then bring proof to court. The individual charged with driving without insurance should get the vehicle insured. The person charged with driving on a suspended license should pay the fine and get the suspension lifted. The individual charged with a DUI should abstain from alcohol and begin a certified alcohol treatment program.

The fact is that taking these steps may even cause the more serious charges to be dropped (with the exception of a DUI) or at least give you a good chance of avoiding a conviction. A person charged with driving without a license who gets his license before court stands a good chance of getting the State to drop the charge and perhaps go on a payable citation like failure to display a license which does not carry points. Even someone who receives a simple speeding ticket can do a driver improvement program and enhance their chance of getting probation before judgment.

However, if the individual does nothing, there is a good chance the judge leaves the conviction intact which results in points or worse yet send the person to jail. In such a case, the conviction and points make it difficult to get a license or lift a suspension thus resulting in a vicious cycle.

The judge and State's Attorney simply want a defendant to resolve the issue. They do not take pleasure in punishing people. You can get in front of the problem by resolving the underlying issue and you will get a much better result in court.

Out of State Traffic Tickets

Mon, 12 Aug 2024 15:18:39 GMT

Minor out of state traffic tickets generally do not carry points in Maryland.

It is a common question which I receive on a regular basis. A Maryland resident receives a speeding ticket in another state. They want to know whether points will be assessed and whether their insurance premiums will increase.

As a general rule, a conviction for a minor traffic violation such as speeding outside of Maryland will not result in points on your Maryland driving record. Rather, a conviction will appear on your Maryland record, but no points will be assessed. Most of the time, your insurance rates will not be affected although you will need to check with your insurance company to be sure.

There are some caveats. Since a conviction will appear on your Maryland record, a judge will see it if you go to court in the future and the judge may be less likely to give you a break. In addition, some states have significant consequences there. For example, in Virginia, certain high speed speeding tickets are criminal offenses and a conviction will result in a permanent criminal record. In other states, convictions of some offenses may lead to a suspension of your privilege to drive there. You should always speak with a lawyer in the state where you received the citation.

Moreover, the inverse is not true. If you receive a ticket in Maryland and live outside of Maryland, your state may assess points which impact your insurance premiums or suspend your license due to the conviction. You should speak with a lawyer in your home state.

Lastly, convictions for serious traffic violations such as a DUI will result in points and consequences to your Maryland license. You should speak with a Maryland lawyer before entering a plea deal out of state.

Wiretap Violations

Fri, 19 Jul 2024 15:25:58 GMT

Maryland requires the consent of all parties to record a private conversation.

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Expunge Your Record

Tue, 02 Jul 2024 13:52:03 GMT

Many convictions can now be expunged.

Many people made mistakes when they were younger which resulted in a criminal conviction. Perhaps they shoplifted or were caught with drugs. Maybe they got in an altercation that led to a second degree assault conviction. Someone may have slashed someone's tires in a fit of anger and been charged with malicious destruction of property. All of these charges can be expunged after a waiting period.

Even if the charges were dropped or there was an acquittal, you should get your record expunged. Anyone can look up the charges if they have a phone or a computer on Maryland Judiciary Case Search or the Maryland Electronic Filing System ("MDEC"). People look up friends, neighbors, co-workers, family members, and dating partners all the time. Prospective employers and landlords run background checks. The failure to get your record expunged can cost you a job or apartment.

In Maryland, the legislature has enacted laws that give many people a second chance. Over time, the waiting period following the end of probation for a crime has been shortened so that expungements can happen sooner.

You can expunge yourself or hire an attorney to do it for a nominal fee. There is a $30.00 filing fee to expunge a conviction. There is no filing fee to expunge a nolle prossequi, stet, acquittal, or probation before judgment. Take steps now to clear your record before it comes back to haunt you.

Two Types of Breathalyzer Tests

Fri, 21 Jun 2024 18:47:58 GMT

There are two types of breathalyzer tests that have an officer may offer you for a DUI.

There are two types of breathalyzer tests that may be requested in a DUI case. One is optional and will not cause any issues for you if you refuse. The other will result in at least a 270 day suspension of your license or the ignition interlock for one year if you elect not to take it.

A portable breath test ("PBT") is sometimes offered at the scene by a police officer if he is unsure whether you are impaired or under the influence. It is usually suggested after you perform field sobriety tests and before you are arrested. This test is optional and there are no consequences to refusing the PBT other than you will almost certainly be arrested if you refuse it. The PBT results are inadmissible if offered by the prosecution because these tests are not as reliable. The test results can be introduced by your attorney.

If you do well on the PBT, the officer may choose to let you go without an arrest. However, the officer will arrest you if your PBT results are at or above the legal limit or even if they are close to .08.

The regular breathalyzer test has far more severe consequences. These are generally performed at the police station by a certified breathalyzer technician. If you refuse this breathalyzer test, your license will be suspended for 270 days for a first refusal and two years for a second one. You have the option of electing the ignition interlock for one year in lieu of the suspension. A refusal also carries an enhanced penalty of an additional 60 days in jail. A refusal is also admissible at trial to establish that you were impaired or under the influence of alcohol.

The decision whether to take the regular breathalyzer test is a complicated one. If you did not drink or had little to drink, take the test. You should be below the legal limit. On the other hand, if you "tied one on" and know you will be .15 or above, taking the test may only create evidence for the prosecution. If you fall in the middle and think you may fall below .15, you may want to take the test because you may be eligible for a restricted license for work and school. Repeat offenders may face greater consequences if they blow a high result and CDL drivers face severe consequences for a refusal.

In summary, the PBT is optional and cannot come back to haunt you. The regular breathalyzer test can have severe consequences to your license.

Tips If You Receive a Speeding Ticket

Thu, 13 Jun 2024 16:09:14 GMT

There are steps you can take to protect your insurance rates if you receive a traffic ticket.

Everyone panics when they receive a speeding ticket. For most people, the chief concern is an increase in their automobile insurance premiums. Some people are worried about an accumulation of points or a violation of a provisional license resulting in a suspended license. Fortunately, there are steps you can take to mitigate the damage.

Anyone who receives a traffic ticket should look up online to see whether the citation carries points. You can Google DC/CR 90 to see a booklet of all traffic tickets and their associated points. If one or more citations carry points, you should request a trial (not a waiver hearing) within 30 days.

A trial requires that a police officer be present. A waiver hearing admits guilt and does not require the police officer to appear. You want a trial because the police officer does not always appear. If the police officer does not appear and you requested a trial, you will be found not guilty. Even if the police officer appears, you can still plead guilty if you want and ask the judge to give you probation before judgment to avoid the points.

If you are charged with a citation that carries five or more points or if you are a young driver, you should do a driver improvement program before court. This will increase the chances of the judge giving you a break. A young driver should have a parent in court with him or her.

If you are charged with reckless driving, aggressive driving, a speeding ticket with a high speed, or any "must appear" offense, consider hiring an attorney. These matters are taking seriously by the court.

Remember that if you have a provisional license, a conviction or probation before judgment will count as a violation. The penalty is driver improvement for a first offense, 30 day suspension for a second offense, and 180 day suspension for a third offense. It will also start the 18 month waiting period over again to get a regular license. If your license converts to a regular license before court, the violation still counts but you get to keep your regular license.

Keep in mind that five points on your record results in mandatory driver improvement, eight points will result in a suspension, and 12 points leads to revocation. Points accumulate in a two year period based upon the date of the offense.

The failure to pay a fine or request a court date for a traffic ticket will result in a suspension of your license. If you missed the 30 day deadline, you can file a motion asking that the case be set for trial and if it is granted, the suspension will be lifted.

CDL drivers face greater consequences for even routine traffic citations. They should speak with a lawyer if they receive a citation. Uber, Lyft, and other delivery drivers will need to maintain a clean record or they may not be permitted to drive by these companies.

Anyone who goes to court should dress appropriately, be respectful to the police officer and judge, and be honest about their driving record. The judge has a computer on his desk and can access your driving record with one click. It is a good idea to get a certified copy of your driving record before court.

There are many things that you can do to protect your driving record if you receive a citation. Contact an attorney if you are unsure how to proceed.

Provisional License Violations

Fri, 07 Jun 2024 18:19:58 GMT

Moving violations can cause problems for provisional licenses.

The Motor Vehicle Administration has a graduated license system. Once an applicant passes the written test, they obtain a learner's permit. Thereafter, they can obtain a provisional license once they pass the driving test. If they can go 18 months without a ticket, they graduate to a regular license automatically.

Moving violations while on a provisional license results in sanctions by the MVA. They include mandatory driver improvement for a first offense, a 30 days suspension for a second offense, and a 180 day suspension for a third offense. A driver can and should fight the suspension by requesting a timely MVA hearing. At the hearing, the Administrative Law Judge has a great deal of discretion and can issue a reprimand which means no suspension, give a restricted license for work and school, or reduce the suspension.

Most drivers cannot go 30 days let alone 180 days without a license. Therefore, they should go to a hearing to preserve their right to drive. The hearings are held on WebEx by video. The MVA submits its exhibits electronically, but does not appear at the hearing. You should submit your exhibits electronically by e-mail in advance of the hearing.

Exhibits might include a letter from your employer verifying your need to get to work, a class schedule showing your need to get to school, a nice letter from your parents about your need to drive, a driver improvement certificate, or any other documents establishing your need to drive.

It is important to note that every time you are convicted of a traffic violation or receive probation before judgment, it counts as a violation and restarts the 18 month waiting period to get your license. Therefore, you want to drive carefully to get converted to a regular license. There are restrictions on a provisional license regarding when you can drive and who can be in your car. Anyone under 21 cannot have alcohol in their system while driving.

If you receive a ticket while on a provisional license, request a trial and go to court. The officer may not appear or you may have a defense to the charge. A not guilty or dismissal will prevent a sanction by the MVA.

Shielding a Protective Order or Peace Order

Fri, 31 May 2024 16:19:27 GMT

Protective Orders and Peace orders can sometimes be shielded.

A protective order or peace order is a type of restraining order. If it is granted, a person is ordered to stay away from the another individual. A violation is a criminal offense and carries possible jail time.

These orders are public record. Anyone can see them even if they were denied or dismissed. A prospective landlord or employer may see them and refuse rent or employment. Therefore, it is important to get them shielded if you are eligible.

Protective orders and peace orders cannot be expunged. They can only be shielded. Shielding means that they are hidden from public view, but they can still be seen by police, prosecutors, and judges.

Not all protective and peace orders can be shielded. To be eligible, the order must have been denied, dismissed, or you must have consented to the relief. If you had a full hearing and the order was granted, it can never be shielded.

In addition, to get your record shielded, the order must have expired and you cannot have any pending criminal charges involving the same parties. There must be a hearing and the petitioner can attend and object in which case the decision will be up to the judge.

It is a good idea to get a protective order or peace order shielded if you are able. This will remove it from Maryland Judiciary Case Search and keep it hidden from the public.

Maryland Judiciary Case Search and MDEC

Fri, 17 May 2024 18:15:04 GMT

Check a case's status using Maryland Judiciary Case Search or MDEC.

There are two resources you can use to determine what is happening in a case. This applies to criminal, traffic, and civil cases. There are differences in the information provided on each of them.

Many people know about Maryland Judiciary Case Search. You can input the name of your friend, brother, sister, co-worker, parents of your children's friends, or your own name and see criminal charges, speeding tickets, lawsuits, eviction proceedings, and all other court proceedings. It is a useful resource to find out if someone has a warrant or the disposition of a case of which you are aware. You can check out prospective employees or dating partners.

However, under certain circumstances, information disappears from Maryland Judiciary Case Search. If a criminal or traffic charge results in an acquittal or the charges are dropped (a nolle prossequi), it will no longer appear. This means that you may not be able to see the disposition of the case.

Fortunately, you can still see what happened so long as the charges were not expunged. You can use MDEC, the Maryland Electronic Filing System, to see what happened. You go to "view documents electronically here" after clicking "E-filing if you don't have a lawyer." You can input the name or case number and see the disposition even though it no longer appears on Case Search. Note that once a record is expunged, it will disappear from MDEC as well.

Another use of MDEC is in Protective Order and Peace Order cases. These cases appear on Case Search, but only the Respondent is identified. However, on MDEC, the Complainant's name will also appear. So, if you see that someone has filed a Protective Order or Peace Order against you, go to MDEC to see who filed it.

MDEC's main purpose is to allow you to file electronically with the court and to receive notice of filings by e-mail. A pro se litigant may choose to use MDEC or to file by paper with the court. (Attorneys must use MDEC). It is faster and more efficient to use MDEC.

You can check the status of a case or learn information about people using both Maryland Judiciary Case Search and MDEC. They are both excellent resources.

MVA Hearings in DUI Cases

Fri, 10 May 2024 15:26:37 GMT

You can file for a MVA Hearing in a DUI case to prevent a license suspension.

If you were charged with a DUI, then you likely face a lengthy suspension of your driver's license. Under Maryland law, your license will be suspended for 180 days if you took a breathalyzer test and blew .08 or above. Your license will be suspended for 270 days if you refused the breathalyzer test. The suspension periods may be longer for repeat offenders.

You can fight the suspension by requesting a hearing. If you request the hearing within 10 days, the suspension of your license will be stayed until after the hearing takes place. No matter what, you must request the hearing within 30 days or it is too late. There is a $150.00 filing fee that must accompany your hearing request. If you fail to request a hearing or elect the ignition interlock, any suspension will begin on the 46th day after your arrest.

A hearing takes place before an Administrative Law Judge and is virtual using the WebEx platform. The only people present are the licensee, the licensee's attorney, and the judge. The MVA submits its exhibits electronically and does not appear at the hearing.

The Admnistrative Law Judge has limited discretion at these hearings. If they find one of the limited grounds to take "no action", they can rule in your favor. For example, they can find that you were misled by the police officer in advising you of your right to take or refuse the test or that the officer did not have reasonable grounds to stop you in the first place. There are other limited issues that can be raised at the hearing.

If the ALJ finds that you blew .08 or above or refused the test and there are no defenses, then the judge must take action against your license or offer you the ignition interlock. If you blew between .08 and .14, the judge can give you a restricted license for work, alcohol treatment, and other limited purposes for 180 days. If you refused the test or blew .15 or above, you must either accept the suspension or elect the ignition interlock for one year.

It is important to have an attorney if you decide to go the MVA hearing. These hearings are complex and difficult to win. You also have the option of electing the interlock without going to the hearing.

Frequently Answered Questions in Criminal and Traffic Cases

Wed, 01 May 2024 15:59:12 GMT

These are frequent questions I am asked on a regular basis.

I am asked many questions on a regular basis often several times per month. Therefore, I thought I would provide them here along with the answers.

My boyfriend/girlfriend/husband/wife was charged with second degree assault. I no longer wish to pursue the charges. Can I drop the charges?

The answer is "no." Only the State's Attorney can drop the charges and they will often refuse to do so. If you were married at the time of the incident and are still married, you may be able to exercise the marital privilege and refuse to testify which may make it difficult for the State to prove its case. If charges are also pending against you, you may refuse to answer any questions that may incriminate yourself under the fifth amendment.

I received a traffic violation that states that it took place while driving on a public highway. I was not on a public highway, but was on a side street. Can I get the charges dismissed?

No, "public highway" is defined in the law as any roadway. The argument will not be successful.

I received a speeding ticket and the officer spelled my name wrong. Can I get the ticket dismissed?

Unfortunately, a typgraphical error or misnomer will not result in the ticket being dismissed.

I received a DUI and the charges were dismissed in court. The MVA suspended my license for 270 days for refusing the breathalyzer test. Can I get my license back?

No, you cannot get your license back. The trial for the DUI citations and the MVA hearing for exceeding .08 or refusing the breathalyzer test are seperate proceedings. A dismissal or acquittal has no impact on the MVA hearing or sanction.

I have a CDL and received probation before judgment for a DUI under 21-902(a)? Will anything happened to my commercial driver's license?

Yes, a probation before judgment counts as a conviction for CDL purposes. A PBJ for a DUI will result in at least a one year suspension of your CDL. The outcome is different for driving while impaired.

I received a DUI and received multiple citations. What do I do now?

If you took the breathalyzer test and exceeded .08 or refused the test, there will be a suspension of your license for a lengthy period of time beginning on the 46th day unless you file for an administrative hearing within 30 days (although requesting it within 10 days is better) or elect the ignition interlock. You will receive a court date for the citations. You should immediately begin a certified alcohol treatment program, abstain from alcohol, and retain counsel.

I was caught shoplifting and have now been charged with theft. Will I be stuck with a theft conviction on my record?

Probably not if you have no prior record. Many counties offer a diversion program where you do community service and the charge is dropped allowing you to get your record expunged. Even if you receive probation before judgment, it can be expunged after three years.

I received probation before judgment for a DUI 10 years ago. Can I get it expunged?

Unfortunately, a PBJ for a DUI or DWI can never be expunged.

I got a speeding ticket. Should I request a trial or waiver hearing?

It is almost always better to request a trial which requires that the police officer be present in court. Sometimes, they do not appear in which case the charge will be dismissed or you will be acquitted. Note that if you were not cooperative with the police officer, you may want to request a waiver hearing so that the police officer does not appear. A waiver hearing admits guilt and the only issue is sentencing.

There is an old bench warrant for my arrest. What do I do?

An attorney can file a motion to quash the bench warrant. These motions are usually granted in which case the matter is set for trial.

If you have a question not listed here, please feel free to reach out to me and I would be happy to respond.

Electronic Filing Coming to Baltimore City

Tue, 23 Apr 2024 14:39:02 GMT

You will be able to file electronically in Baltimore City on May 6th.

Electronic filing is coming to all courts in Baltimore City on May 6th. Baltimore City will be the last remaining jurisdiction to allow electronic filing. All other counties require electronic filing for attorneys and permit electronic filing for pro se litigants.

The Maryland Electronic Filing System ("MDEC") allows you to file lawsuits, pleadings, expungements, appeals, and other matters while sitting at your desk. It is fast, easy, and allows you to file 24 hours a day, 7 days a week. You receive an e-mail confirmation which serves as a receipt and you can pay the filing fee electronically as well.

Given the uncertainties surrounding the mail, filing electronically is a lot more reliable. You can also download a date stamped copy of your filing and you will receive an e-mail notification when another party in your case files a pleading.

The Baltimore City courts will have limited operations for trials and hearings for a short period of time while they get acclimated to the new system. Meanwhile, we look forward to being able to file documents electronically in Baltimore City at long last.

Mandatory Interlock in DUI Cases Under New Law

Fri, 19 Apr 2024 15:02:41 GMT

Drivers convicted or who receive a PBJ for a DUI will be required to install the interlock.

A new Maryland law has been enacted mandating the ignition interlock for anyone who is convicted or receives probation before judgment for a driving under the influence or driving while impaired charge. A first time offender will be required to have the interlock for at least six months. A second time offender must have it installed for at least a year. An individual with three offenses must have it installed for at least three years.

This is a significant change in the law. Under the prior law, an individual who received probation before judgment would not have to install the interlock. The judge could order it in his or her discretion or the person could elect the interlock to avoid an MVA suspension.

The new law will take effect October 1, 2024, and is codified in Section 16-404.1 of the Transportation Article of the Annotated Code of Maryland. Anyone who fails to comply will face a suspension of their driver's license and potentially a violation of probation which could result in incarceration and/or the reinstatement of a conviction.

Driving on the Shoulder

Wed, 10 Apr 2024 19:00:10 GMT

Driving on the shoulder is illegal with one exception.

We have all seen people driving on the shoulder of the beltway during rush hour. Certain individuals will pull over to the shoulder to try to get around backed up traffic. It is illegal. I have seen many people receive traffic citations. It is a 1 point ticket and carries a $110.00 fine. If it contributes to an accident, it is a 3 point ticket and a $150.00 fine.

The shoulder is designed for emergency vehicles such as police, ambulances, fire and tow trucks. It is also there for vehicles to pull over in the event of an accident so the highway is not blocked. The purpose of the shoulder is not to allow cars to drive on it.

In 2017, the legislature amended Md. Ann. Code, Trans. Art., Section 21-304 to allow one exception. If a car in front of you is making a left turn, you may drive on the shoulder to the right to pass the car so long as there is unobstructed pavement allowing you to do so. In other words, you cannot drive onto a dirt shoulder to pass the car and you cannot use the shoulder to pass a slow moving vehicle going straight.

The police have stepped up enforcement of traffic violations for driving on the shoulder of a roadway. Judges do not take too kindly to people that do it. You are better off staying on the highway even if it delays your arrival to your destination by a few minutes.

Contributory Negligence and Assumption of the Risk in Maryland

Tue, 02 Apr 2024 18:51:30 GMT

Contributory negligence and assumption of the risk will bar you claim.

There are affirmative defenses to a personal injury claim. The two most important ones are contributory negligence and assumption of the risk. Either one will bar your complete recovery.

Maryland is one of only four states (in addition to the District of Columbia) that has the antiquated doctrine of contributory negligence. This means that even if someone else is at fault for an accident, your recovery is totally barred if you were also at fault. Even if the other driver was 99.9% at fault, your recovery is completely barred even if you were only 0.1% at fault.

This can lead to some unfair and harsh results. For example, say a motorcycle operator is traveling the speed limit when another vehicle cuts him off. The motorcycle operator decides to "lay down" his bike to avoid crashing into the car. A finding that such action was even slightly negligent serves as a complete bar to recovery.

Another example would be a pedestrian who decides to cross where there is not a crosswalk. A drunk driver comes flying down the road over 100 mph. A jury might find the pediestrian 1% at fault for crossing out of the crosswalk destroying any claim for recovery.

The other 46 states have some form of comparative negligence. In those states, if the Defendant was 99% at fault and the Plaintiff 1% at fault, the Plaintiff can still recovery 99% of his damages rather than being barred from recovery.

Another common defense is assumption of the risk. The doctrine of assumption of the risk applies where a plaintiff knowingly and voluntarily exposes himself to a known risk. He cannot recover damages for his injuries if he assumes the risk. Therefore, if a patron is struck by a foul ball at a baseball game, she cannot sue the team or stadium operator for her injuries. She knew there was a risk that she could be struck by a foul ball. Another example would be where two people go out drinking and a passenger gets into a car with a drunk driver who gets in an accident. Plaintiff's claim could be barred for knowingly getting into a car with an inebriated driver.

In determining whether your case can be won or lost, an attorney will have to evaluate whether there are issues related to assumption of the risk or contributory negligence since they will completely bar any recovery in Maryland.

Take Steps to Mitigate Consequences of Traffiic Ciation

Tue, 26 Mar 2024 18:55:57 GMT

You can address issues related to your traffic ticket to obtain a better result.

All of us have been given a traffic ticket at some point in our lives. Some are more serious than others. No matter how serious the citation, there are steps you can do to mitigate the situation and to show the judge that you have addressed the issue.

If you were charged with driving on a suspended license, get the suspension lifted. Many times it is as simple as paying an unrelated traffic ticket. Other times you may need to contact the MVA to take steps to get your license reinstated. If you get your license back, the State may even drop the charge.

If you do not have a license and were charged with driving without a license "DWOL", take and pass the written test. The simple act of obtaining a learner's permit will show the judge you have taken steps to resolve the issue. Repeat offenders sometimes go to jail for this offense so be proactive.

A charge of driving without insurance is easily rectified by insuring your vehicle. Bring proof to court and the State will probably agree to proceed on a less serious non-incarcerable offense.

If you are charged with hit and run, make sure your insurance company takes care of the damage of the other vehicle. The last thing you want is the victim angry that they had to pay a deductible. If you also did not have insurance, be prepared to pay their deductible and any expenses they have incurred.

Anyone charged with aggressive driving, reckless driving, drag racing, or traveling 30 or more miles over the speed limit should do a driver improvement program before court. You should bring a Certificate of Completion to court with you.

If you have been charged with driving under the influence or driving while impaired, immediately get yourself into a certified alcohol treatment program. You should bring an evaluation and progress letter to court with you. Complete a Victim Impact Panel through MADD. The judge is going to order it anyway. If you installed the ignition interlock, bring documentation of that with you to court.

The same logic apples to criminal cases. You should be prepared to pay restitution in a theft or malicious destruction of property case. You should be in a drug treatment program if you have a serious CDS charge.

You should be proactive and get in front of the problem. If you take steps now to show the judge you care and want to do better, you stand a good chance of avoiding serious consequences and walking out of the courthouse.

Two Kinds Driving on a Suspended License with Different Consequences

Tue, 19 Mar 2024 20:30:25 GMT

Driving on a Suspended License Comes in Two Varieties

Everybody knows that it is illegal in Maryland to drive a motor vehicle on a suspended license. However, most people are unaware that there are two types of driving on a suspended license in Maryland. One violation carries 12 points, a year in jail, and a $1,000 fine as a maximum sentence. The other does not result in jail time at all and only carries a maximum penalty of a $500.00 fine albeit with three points attached to it. Both kinds are "must appear" offenses.

If your driver's license is suspended due to the failure to pay a traffic ticket, the failure to appear in court for a traffic violation, or for unpaid child support, then the proper charge is under Section 16-303(h) if you have a Maryland license or Section 16-303(i) if you have an out-of-state license. These offenses do not carry jail time. Unfortunately, police officers almost always charge the more serious violation which is under a different section.

In the event that your license is suspended for any other reason such as an accumulation of points, violation on a provisional, a DUI conviction, or a suspension ordered by the Medical Advisory Board, then you should be charged under Section 16-303(c) if you have a Maryland license or Section 16-303(f) if you have an out-of-state license which carries up to a year in jail, 12 points, and a $1,000.00 fine.

You can download a certified copy of your driving record from the MVA to determine the reason for the suspension. You should get your license reinstated regardless of the reason for the suspension. The State will offer you a much better deal if your license is now valid.

Clean Up Your Criminal Record

Wed, 06 Mar 2024 15:32:43 GMT

You should expunge any charges that are eligible as soon as possible.

Criminal convictions can cause problems for many individuals. It can cost them a job or deny them an apartment. Friends and family may look you up on Maryland Judiciary Case Search and see embarassing charges that occurred many years ago. It may affect your credit. The good news is that many convictions can now be expunged and the waiting period to do so is shorter than ever.

There are too many convictions eligible for expungement to list them all here. They include second degree assault, theft, burglary, possession of CDS, possession of CDS with intent to distribute, and malicious destruction of property. The waiting period for most misdemeanors is five years from the end of parole or probation. There are longer waiting periods for felonies. You also cannot have any pending charges and cannot have any subsequent charges during the waiting period that are not also eligible for expungement.

Every year on October 1st the expungement laws change and more charges are added to the eligibility list. Thus, a charge now ineligible could become eligible later this year. If a subsequent charge is blocking a charge otherwise eligible for expungement, it may become eligible allowing both charges to be expunged.

There is a $30.00 filing fee to get a conviction expunged. You can do it yourself or hire an attorney to assist for a nominal fee. It is well worth the expense to keep your record clear.

Motor Vehicle Insurance

Wed, 28 Feb 2024 16:11:54 GMT

Check your insurance coverage before it is too late.

I get calls all the time from people involved in motor vehicle accidents where their insurance coverage had lapsed, was insufficient, or they dropped collision coverage. Many of them ask if they can add coverage retroactively and of course the answer is they cannot.

Now is the time to check your coverages. You should have both collision and comprehensive coverage on your vehicle. Collision applies if your car is in an accident regardless of fault. Comprehensive coverage applies to all other damage to your car such as if your vehicle is stolen. If you do not have these coverages, you are on the hook for all repairs unless the other driver's insurance company accepts liability.

You need towing and rental car coverage or you will be paying out of pocket for these expenses as well as storage fees which add up quickly. Personal Injury Protection coverage pays medical bills (100%) and lost wages (85%) up to your PIP limit regardless of fault. Uninsured motorist coverage applies if the other driver is uninsured or underinsured. The higher the limit the better and the increase in premium is modest.

Your liability limits protect you from personal liability if you catestrophically injury someone or worse kill someone. The minimal limits in Maryland are only $30,000 per person/$60,000 per occurrence which is woefully insufficient. You need to protect your home and assets and carry high limits. You can even purchase umbrella insurance which provides even greater coverage and applies to a wide range of liablity situations.

You should check your coverage and add or increase your limits where necessary. Make sure you are protected in the event you cause an accident or the other driver is uninsured or underinsured. Otherwise, you will be in for a rude awakening later.

Ten Things to Do After an Automobile Accident

Thu, 15 Feb 2024 19:55:36 GMT

Here are 10 things you should always do after a car accident.

Most people are anxious after getting in a car accident. Their hearts are beating rapidly, are stressed, and not always thinking clearly. Here are 10 things you should do after getting in a car accident.

Take a picture of the damage to all vehicles. You may even want to take a video. You should also take photographs of the scene. You should preserve any video if your car has a dashcam.
Take a picture of the other driver's license, insurance card, and registration. Make sure you also get a picture of the tag of the other driver's car.
Call the police if you are injured or you are concerned that the other driver may be untruthful or cause an issue later on. If the other driver leaves the scene without stopping, always call the police to the scene.
Write down the names, addresses, telephone numbers, and e-mail addresses of all eyewitnesses. If you do not get this information at the scene, it will be gone forever.
Get the names, addresses, and phone numbers of all passengers in the other car at the scene.
If there are fluid leaking from your car or it is not safe to drive, do not drive it. Call a tow truck. It is not worth taking any chances.
If you are injured, get prompt medical treatment in the emergency room or at an urgent care center. Do not wait to get treatment.
If you have bruises, cuts, or abrasions, take pictures to document your injuries.
Never give a recorded statement to the other driver's insurance company. The recording will be used against you later on.
If you are in a single car accident and damage government property or another person's property, you have a duty to leave a note if possible or to report it to the police if it is not possible.

You should always preserve all evidence from the scene in case there is an issue of who was at fault. Taking these steps will minimize problems down the line .

Out of State Traffic Tickets

Thu, 08 Feb 2024 18:49:09 GMT

Out of state traffic tickets will appear on your Maryland driving record.

Clients ask me on a regular basis whether a moving violation outside of Maryland will affect their insurance premiums. The answer is "it depends." A serious traffic conviction like a DUI, driving without a license, or hit and run will appear on your Maryland driving record and points will be assessed based upon similar code provisions in Maryland. Thus, an out of state DUI conviction will result in 12 points on your driving record and your insurance rates will be affected.

However, minor traffic violations such as speeding, failure to obey a traffic control device, and negligent driving are treated differently. In these cases, a conviction out of state will appear on your driving record. No points will be assessed. If you have a provisional license, it still counts as a violation of your provisional license and sanctions will apply (driver improvement for a first offense and a suspension for a second or subsequent offense).

Will your insurance rates be affected? In most cases, your insurance rates will not be affected since no points are assessed. It is possible that an insurance company will see the conviction and it could take away a discount or affect what you pay.

There remains a downside to a conviction even for a minor traffic citation. Since it appears on your driving record, a judge will see it if you go to court in the future. It could prevent the judge from giving you the benefit of probation before judgment which avoids the points.

If you get a ticket in another state, speak to a lawyer both in that state and in Maryland. Even if the conviction would not hurt you in Maryland, there could be ramifications in the state where you received the ticket.

Maryland's Traffic Point System

Tue, 30 Jan 2024 20:28:01 GMT

You can look up which traffic citations carry points.

Most people know that a conviction for a moving violation will usually cause your automobile insurance rates to increase. Maryland's Motor Vehicle Administration utlizes a point system where a conviction for a moving violation will result in points on your driving record. If you receive a total of 5 points in two years, the MVA will require you to do a driver improvement program. If you get to 8 points, the MVA will suspend your license. If you get to 12 points, they will revoke your license.

If you pay a traffic citation, it is the same as a conviction. This is why you should never pay a moving violation. You should always request a trial and go to court.

The District Court publishes the DC-CR-090 which lists all traffic violations and the points they carry:

https://mdcourts.gov/sites/default/files/court-forms/dccr090.pdf

You will note that the points are greater if the citation was related to an accident. You will also see that some tickets do not carry points at all such as driving on an expired registration. Typically, tickets that do not carry points will not affect your insurance rates or driving record. However, in some cases they will so you should consult with an attorney if you are unsure whether to pay a ticket.

Certain classes of drivers have a greater risk if they pay a ticket such as CDL drivers and those with a provisional license. They may face unintended consequences if they pay certain citations. All drivers should be leary of paying any ticket for violating a license restriction which may cause a license suspension.

If you receive a ticket, determine whether it is a moving violation and whether there could be other negative consequences before you pay the ticket. Otherwise, it may cost you in the long run.

Driving on Snow and Ice

Tue, 16 Jan 2024 16:16:42 GMT

The law requires greater caution while driving on snow and ice.

Any time there is a car accident fault is determined by who was negligent in causing or contributing to the crash. If both drivers are at fault, neither party can recover damages from the other. What happens if a driver is faced with a sudden emergency due to snow or ice?

The emergency doctrine states that a driver faced with a sudden emergency may have a defense to a tort claim. So, if a deer runs in front of your resulting vehicle in an accident with another car or you had a heart attack while driving causing a crash, this can be a defense to a negligence claim. You would have the burden of proof to show a sudden emergency.

However, for the most part, snow and ice is not a sudden emergency. You know before driving that there is snow and ice present on the roads. The law states that you have a duty to exercise greater caution and vigilance with snow and ice. This means driving slower, using headlights, maintaining a greater distance between vehicles, tapping rather than slamming your brakes, cleaning your front and back windshields before driving, and exercising greater caution while passing vehicles and turning.

There could still be a sudden emergency where there is unforeseeable "black ice" or other unexpected conditions. However, the law will not excuse you because you skidded on the snowy road and rear ended the car in front of you. Be safe out there.

Immigration Issues in Criminal Cases

Tue, 09 Jan 2024 15:19:46 GMT

Illegal immigrants face possible deportation if convicted of a crime.

Anyone who is not a United States citizen has potential collateral consequences if they are convicted of a crime or even receive probation before judgment. This is because certain criminal convictions can lead to their deportation. Anyone who is not a United States citizen should consult with an immigration attorney before entering into a plea deal to make sure that there are no collateral consequences.

Even a probation before judgment, which is not a conviction, can lead to disastrous consequences. This is because the judge first makes a finding of guilt before striking the conviction from the Defendant's record. While this keeps the Defendant from having a criminal record, it does not precluse collateral consequences from the offense or possibe deportation.

Recently, the Maryland legislature passed a new law that allows a judge to grant probation before judgment without making a finding of guilt. The Defendant and/or counsel must request this particular disposition before any finding is made. This will offer some protection from immigration consequences.

If you are not a United States citizen and you have been charged with a crime, you need two lawyers. You need an immigration attorney to advise you on the collateral consequences and a criminal attorney to defend the charges. Otherwise, there could be serious ramifications.

Should You Take a Breathalyzer Test?

Tue, 02 Jan 2024 19:09:24 GMT

You should consider how much you have had to drink when deciding whether to take a breathalyzer test.

A common question I get when someone comes to me to represent them for a DUI is whether they should have taken or refused the breathalyzer test. The answer is complicated because there are significant penalties for refusing a test. You have a 270 day suspension of your driver's license for a first refusal and two year suspension for a second refusal unless you accept the ignition interlock for one year. You also face enhanced penalties increasing the maximum jail sentence from one year to 14 months. A refusal will lead to a one year CDL suspension for truck drivers. A refusal can also lead to a harsher sentence or conditions of probation by the judge.

Still, there may be valid reasons to refuse a test under the right circumstances. When you take the test, a result of .08 or above creates an inference that you are under the influence of alcohol. Unless your attorney can keep the test result out of evidence, you are almost certainly going to be convicted. On the other hand, if you refuse the test, the State will need to prove through other evidence that you are under the influence or are impaired. This increases the likelihood that you will be offered a deal to proceed on the lesser offense of driving while impaired.

If you did not have anything to drink, take the breathalyzer test. You will blow a 0.0. There will be no administrative consequences to your driver's license. I cannot tell you how many people refuse the test and tell me they did not have anything to drink.

If you only had one or two beers, take the test. You may fall below .08 avoiding the MVA hearing and the interlock. If you are between .08 and .14, the judge can grant you a restructed license for work, school, and alcohol treatment at a MVA hearing. You may be able to avoid the interlock altogether.

On the other hand, if you have gotten really drunk and know that the result will be .15 or above, you may want to refuse the test. You are not eligible for a restricted license (other than the interlock) if you are .15 or above. A high BAC will only help the State and could cause a harsher sentence if it is really high.

These decisions are difficult to make in the presence of the police officer and your breathalyzer result will be dependent upon your gender, weight, metabolism, how much you had to eat, and other factors. Hopefully, you never end up in this situation. If you do, these are some things to consider.

What is a Stet?

Tue, 19 Dec 2023 18:12:26 GMT

A Stet Can Allow You to Avoid a Trial and Conviction

If you have ever been charged with a crime or received a serious traffic violation and gone to court, you may have heard of a stet. Most people do not know what a stet is.

A stet means that the State's Attorney can agree to place the case on the inactive docket. So long as certain conditions are met, the stet will usually never be reopened and your case will never be tried. After three years, you can then get your record expunged. A stet is different than a plea deal because with a stet, the case is never brought to trial.

A stet can be reopened for any reason within one year or for good cause between one and three years. Note that a stet is rarely reopened by the State unless you violate a condition of the stet. Conditions of a stet may include community service, counseling, anger management, no contact with the victim, or restitution.

If you agree to the stet, you give up one important Constitutional right. That is the right to a speedy trial. This is because the case is being placed on the inactive docket and will not be brought to trial.

The judge must approve the stet. It is unusual for a judge to reject a stet where all parties agree.

In certain cases, the State may agree to reopen the stet after a period of time and drop the charge by entering a nolle prossequi. This allows you to get your record expunged without waiting the three years.

A stet is a way to avoid a trial and possible conviction. It is often a good way to resolve your case.

Liens in Automobile Accidents

Wed, 06 Dec 2023 16:19:41 GMT

You must be aware of insurance liens when settling your automobile accident case

There are many types of liens that may have to be repaid from a settlement. Some are mandatory and must be repaid even if you are not notified. Others are contractual where you may have agreed to repay a lien. You should be aware of all possible liens when settling your case.

Mandatory liens must be paid out of the settlement by law. Medicare has a statutory lien under federal law and there are substantial penalties and interest if you fail to pay back Medicare. If you are a Medicare recipient, you must notify Medicare of the settlement and repay them. They will reduce their lien by a pro rata share of attorney's fees and expenses.

Medicaid has a lien under Maryland law. You must repay Medical Assistance and any other plans that offer such benefits. There are rules governing reduction of the lien for attorney's fees and they also state the lien cannot be more than 50% of the net to the client.

Workers' compensation insurance companies also have a mandatory lien. They must reduce their lien by a pro rata share of attorney's fees and expenses.

Other liens are contractual. If you have health insurance and they pay bills related to an accident, your contract may say that they can assert a lien. Their lien may not be mandatory, but if you fail to pay them they may come back later demanding their money or you may never hear from them.

If you receive medical treatment, your doctor or physical therapist may have you sign an authorization and assignment form. This requires that they be repaid at the time that you settle the case. Hospitals often have you sign these forms as well.

There is one situation where an insurance company cannot assert a lien. If your insurance company pays medical bills and lost wages under you PIP (Personal Injury Protection) coverage, they cannot assert a lien under Maryland law.

In conclusion, you must consider all liens that will need to be repaid before settling your case. Otherwise, you may be in for an unpleasant surprise later.

Rules of the Road

Wed, 29 Nov 2023 14:38:15 GMT

There are common "Rules of the Road" that will determine liability in a car accident

There are many "Rules of the Road" that will determine liability in most automobile accident cases. Some are commonly known while others might surprise you. Maryland law looks to which vehicle had the right-of-way at the time of the accident.

First, a car going straight through a solid green light has the right-of-way over a vehicle making a left turn going in the opposite direction. It does not matter if the car going straight was speeding in almost all cases.

If there is a four way stop, the car that arrives first at the intersection has the right-of-way and can go first. If two cars arrive at the same time, the car to the right has the right to proceed.

A car proceeding straight on a main throughfare without a stop sign has the right-of-way over the car with a stop sign. Once again, even if the car without the stop sign is speeding, it does not make a difference. The car with the stop sign will be deemed at fault.

It is a common misconception that a rear end collision means that the car that rear ends someone is automatically is fault. This is not true in every case. If a car is rear ended and forced into the car in front, they are not at fault. If there was a sudden emergency such as a heart attack or brake failure, they are not at fault unless they knew or should have known of the problem. The case turns on the facts.

A car on a road that ends at a "T" intersection must stop and yield the right-of-way to vehicles that are proceeding straight.

A vehicle may enter a yellow light with caution and has the right to clear the intersection even after the light turns red. Any car on an intersecting road must yield to the vehicle that entered on the yellow light.

A vehicle must yield the right-of-way to a pedestrian in a crosswalk OR to a pedestrian crossing a street where there is a contiguous sidewalk on either side of the road. There are many occasions where people do not pay attention to pedestrians.

Bicycles must obey all traffic laws. This means that they have the same rights and obligations as motorists. They should be on the right side of the road and obey all traffic control signals.

The rules of the road will determine liability in almost every single case. The facts can be disputed, but the law will determine who had the right-of-way.

Probation Before Judgment

Tue, 21 Nov 2023 20:01:05 GMT

Probation before judgment can avoid a conviction on your record

Even if you are convicted of a crime or traffic violation, you may be able to avoid a conviction on your record. The judge has the discretion to strike the guilty finding from your record and enter probation before judgment. As a result, if the judge grants you the benefit of probation before judgment, you do not have a criminal conviction on your record. If it is a traffic ticket, you also avoid any points on your driving record which can prevent your insurance premiums from increasing.

There are several things you need to know about probation before judgment. It is completely up to the judge. Even if the State's Attorney does not oppose it, the judge can refuse to give you probation before judgment.

In addition, if you accept probation before judgment, you give up your right to take an appeal. This is because the entry of probation before judgment removes the conviction from your record and there is nothing to appeal. Therefore, if you wish to appeal, you must reject the offer of probation before judgment and take the conviction.

Next, if you have a conviction or probation before judgment for a DUI in the last 10 years, you are not eligible for probation before judgment. The judge cannot offer it to you and must allow the conviction to stand.

In most cases, the entry of probation before judgment will allow you to get your record expunged three years from the entry of the PBJ or from the end of parole or probation whichever is later. The notable exception is that a DUI or DWI cannot be expunged.

Thus, if you are convicted whether it is a result of a plea or trial, you should ask for the benefit of probation before judgment. This will keep the conviction off your record.

Automobile Accidents

Wed, 15 Nov 2023 17:55:18 GMT

These are the steps you should take after an automobile accident

A car accident can cause a great deal of anxiety. You are worried about the damage to your car and whether it is a total loss. You may have been injured and need medical treatment. You are worried that the other driver may lie about how the accident happened. There are several things that you can do at the scene of the accident that will be helpful later.

First, get the other driver's license, registration, and insurance card. Take pictures of all three documents. You need to know the identity of the driver and his or her insurance information. The law requires that the other driver provide this information to you. If they refuse, call the police.

You should also take pictures of the scene and the damage to all vehicles. Make sure you get the other driver's tag number in one of the photographs. Be sure your pictures are clear and helpful.

Next, if there are witnesses, get their names, addresses, telephone numbers, and e-mail addresses. If you do not get the information, their identities will be gone forever. Independent witnesses can make or break your case.

If you are seriously injured, call 911 and get an ambulance. In addition, if your car has to be towed, call the police. In fact, if you have other concerns about the other driver such as they be impaired, they are bullying you, they refuse to give you the necessary information, or you are concerned for your safety, call the police. Make sure you get the police report number.

If the other party makes any statements to you, write them down. You may forget later on that they made an admission. Many times the other driver will admit fault at the scene and then change their story later so have a witness to these admissions.

If you are injured but do not feel you need to go to the hospital, go to an urgent care center like Patient First or Express Care. Do not wait to get medical treatment since this can cause issues in your case and it is important to get yourself checked out. Insurance companies love to point to any delay in treatment as evidence that you could not have been injured.

Lastly, when you get home, call your insurance company and report the accident. You have a duty to report the accident to your insurance company in a timely fashion. You should verify all coverages such as collision and PIP (Personal Injury Protection) that may be available to you.

Traffic Tickets: Download Your Driving Record

Wed, 08 Nov 2023 17:53:06 GMT

You can download your driving record from the Motor Vehicle Administration

Most of us have received a traffic citation at some point in our lives and gone to court to avoid the points and conviction. The first thing the judge says is "how is your driving record?" Hopefully, your record is clean over the last few years which increases the likelihood of getting probation before judgment which avoids the points.

All judges have a computer right in front of them. With one click of the mouse, they can see your driving record in all 50 states. Never lie to the judge. If you do so, you may not only get the points, but you may also receive the maximum fine which is $500.00 for most tickets.

Many people cannot remember when they last received a ticket. It is always wise to download your complete driving record from the Motor Vehicle Administration. There is a small fee. You can then see everything on your driving record since you first obtained your license.

There is also a second driving record you may wish to download. This is your "probation before judgment" record. This shows every time you have received probation before judgment. Yes, the judge can see this too.

It is easy to download both records from the MVA website. You can also go in person to the MVA and get your driving record there. It is especially important to obtain your driving record if you receive a DUI, driving on a suspended, or driving without a license charge.

Criminal Summons

Wed, 01 Nov 2023 16:51:27 GMT

Do not ignore a criminal summons

If you receive a criminal summons in the mail, do not ignore it. You must appear in court if you receive a summons. If you fail to appear, a warrant will be issued for your arrest. This means that the police can arrest you on the warrant at any time and then you may have to post bail to be released and this may be after spending a night or two in jail.

If you have a warrant, contact an attorney immediately. An attorney in many cases can file a motion to quash the warrant. If the motion is granted, the warrant will be quashed and the attorney can represent you on the underlying charges.

There are many people that receive a summons and panic. They decide to ignore it. Others forget about the summons until the court date has passed. If you receive a summons, contact an attorney who can advise of the potential penalties and show up for court.

Workers' Comp: The Right to Reopen

Wed, 25 Oct 2023 16:49:29 GMT

You can reopen your workers' compensation case so long as it is done timely

A workers' compensation case is different than an automobile accident case. An injured worker is entitled to payment of causally related medical bills for life unless he or she settles the case. A workers' compensation case can go on for decades.

Even if they receive an award for a permanent disability, they can reopen the case to claim additional permanent partial or temporary total disability benefits. The law requires that the case be reopened within five years of the last payment of indemnity benefits. The time begins to run from the date of the last payment of temporary total disability (payment while the worker it temporarily out of work), temporary partial (payment while the worker can only earn less than full wages due to a disability), permanent partial (payment for a worker's permanent disability), or permanent total disability benefits (payment when the worker cannot work for life).

Payment of medical bills will not restart the five years. Medical bill payments are not indemnity benefits.

If a worker receives indemnity checks, the five years renews every time the worker receives a check. There are good reasons to reopen a claim such as a worker receives additional treatment which takes them out of work or the worker's permanent disability is now worse than it was previously. If you require additional treatment, speak with your lawyer.

REDEEM Act of 2023 Expungements

Tue, 17 Oct 2023 16:47:28 GMT

The REDEEM Act of 2023 shortens the time deadline to get your record expunged

The REDEEM Act of 2023 took effect in Maryland on October 1, 2023, which is huge news for people that want to get their criminal record expunged. It reduced the waiting period for misdemeanors from ten to five years to get your criminal record expunged. Those convicted of non-violent felonies now only have to wait seven years. The previous waiting periods were as long as 15 years.

It also expanded the number of criminal convictions that can now be expunged. For example, convictions for malicious destruction of property can now be expunged. This is important because criminal convictions can affect your ability to get a job or rent an apartment.

If you have criminal convictions on your record, contact us to see whether you are eligible for expungement. We are happy to help.

How to Get Your License Reinstated

Thu, 12 Oct 2023 16:45:28 GMT

Here is what you can do to get your license reinstated

There are many people driving without a valid license. They may need to get to work or school so they drive anyway willing to take the risk of being stopped. Unfortunately, something usually eventually happens and they face charges like driving without a license, driving on a suspended license, or driving on a revoked license all of which carry points and possible jail time.

The truth is that many of these situations can be avoided. Most people do not realize that if your license is suspended, credit for the suspension does not begin until you turn in your license. Thus, the suspension continues indefinitely in many cases because the individual fails to turn in his or her license.

Other people fail to get their license reinstated. If your license is suspended for 30 days, it does not automatically become valid. You must go to the Motor Vehicle Administration and get it reinstated after the 30 days have expired.

If your license was suspended for a DUI for a long period of time, you can elect the ignition interlock in most cases and get your license back. You simply need to contact the MVA and they will tell you what to do.

Many people do not realize that an attorney can always determine the issue with your license. You can download a complete certified copy of your driving record and bring it to a lawyer. They can tell you the nature of the issue and what you can do to resolve it.

If you do not have a license, take steps to get one. Take the written test and then whatever procedures are necessary to take the driving test. Do not wait until you receive a traffic citation that carries possible incarceration.

If you receive a suspension letter in the mail, contact a lawyer. You have a short timeframe to file for an MVA hearing. In many cases, an attorney can prevent the suspension of your license.

Reopening a Paid Ticket

Wed, 04 Oct 2023 16:43:13 GMT

You may be able to reopen a paid ticket

It is never a good idea to pay a traffic ticket which carries points. Examples of tickets that carry points are speeding tickets, failure to obey a stop sign, failure to stop at a red light, and an improper lane change. If you pay a moving violation, points are automatically assessed by the Motor Vehicle Administration and your insurance rates will likely increase. In addition, if you accumulate eight or more points in a two year period, your license will be suspended or revoked.

If you paid a ticket, it may not be too late to do something about it. An attorney can file a motion to reopen the traffic citation. In most cases, the court will grant the motion to reopen so long as the ticket is not too old. If the motion is granted, the court will set the case for trial and the payment you made for the ticket will serve as collateral against any fine. If your attorney gets an acquittal, you will get a refund of your payment.

The court will likely reopen a case that is only a few months old. They are unlikely to reopen a case from 25 years ago. I have been able to reopen cases that are two or three years old. So, if you paid a ticket, explore the possibility of reopening your case.

International Driver's Licenses

Thu, 28 Sep 2023 16:41:38 GMT

An international driver's license may not be enough to drive in Maryland

Many people come to this country with international driver's licenses. They may have a valid license from their home country or an international license. We get frequent calls from individuals who are charged with driving without a license or driving on a suspended license despite the fact that these individuals have licenses. These are serious charges that carry possible jail time as well as points.

Maryland law requires that anyone who moves to Maryland get a Maryland license within 30 days. Thus, the police and State's Attorney's office take the position that these foreign licenses are not valid. Many police do not recognize international licenses at all.

If you have moved to Maryland, get a Maryland license. It will save a lot of time and trouble. If you are charged with driving without a license or driving on a suspended license, get a Maryland license before court. An attorney then may be able to get the State to drop the charges.

Miranda

Fri, 22 Sep 2023 16:39:55 GMT

Your rights under Miranda and what they mean

We also have heard the Miranda warning:

"You have the right to remain silent."

"Anything you say can and will be used against you in a court of law."

"You have the right to an attorney."

"If you cannot afford an attorney, one will be provided to you."

The police officer will then ask you if you want to speak and waive your right to remain silent.

Most people are under several misimpressions about the application of Miranda. The police officer does not have to read you your rights if they wish to interrogate you unless you are in police custody. Many times, you are not in police custody when the police officer questions you. If you are stopped for speeding and the officer asks how much you had to drink, he does not need to read you your rights. You are not yet in police custody. If you fail the field sobriety tests and are arrested, you are then in police custody.

There are many cases where the police fail to Mirandize the Defendant when they should. Many people think this will result in a dismissal of all charges. Unfortunately, this is not the case.

The failure to read you your rights while in police custody will result in all subsequent statements by you deemed inadmissible at trial. In addition, all "fruit of the poisonous tree" is also inadmissible. This means any information the police learn from the improper interview which led to other evidence is tainted and inadmissible. However, the police can still convict you using other evidence obtained through other lawful means.

For example, if you are arrested for a DUI, handcuffed, and taken to the station, any admissions you make at the station may be inadmissible if they failed to read you your rights. However, you can still be convicted from other evidence such as odor of alcohol, swaying, poor field sobriety tests, and a breathalyzer result over the legal limit.

You should always remember that you do not have to give a statement to the police regardless of whether your rights are read. You should always tread carefully because anything you say "can and will be used against you in a court of law."

MVA Hearing Deadlines

Fri, 15 Sep 2023 16:38:12 GMT

There are important deadlines to request a MVA hearing

You may need to request an MVA hearing if you get a DUI, accumulate too many points on your driving record, receive a ticket while on a provisional license, or for a host of other reasons. If you fail to act, your license will be suspended anywhere from 30 days to two years. In some cases, your license can even be revoked.

There are strict time deadlines to request an MVA hearing. In some cases, the deadline is only 10 days. In other cases, it may be 30 days. Regardless, you should pay strict attention to these deadlines. If you attempt to file for a hearing beyond the time deadline, your request for a hearing will be denied and your license will be suspended.

The MVA sends suspension and revocation notices to the address they have on record. If you have moved, change your address with the MVA. Not only can you receive a ticket for failing to change your address, but you will not receive any suspension notices if they are sent to the wrong address.

Most people cannot afford to lose their licenses. It is important that you read any correspondence from the MVA or you may be in for a rude awakening.

Vehicle Cameras

Thu, 07 Sep 2023 16:36:01 GMT

Vehicle cameras can provide valuable evidence

More people are installing cameras on their cars. It is a good idea. Many times liability is disputed when an accident occurs. If there are no witnesses, it becomes a "he said, she said" case which is difficult to win.

I had a case where my client was stopped when an accident occurred involving two other vehicles. One of the vehicles was forced into my client's car. One driver claimed he had the green light while going straight. The other driver claimed he had a green arrow when turning left. My client did not know which driver had the right-of-way and there were no witnesses.

Fortunately, one of the drivers had a camera on his vehicle. The video established that he had a green arrow and the other driver had a red light. The case eventually settled.

Video cameras can also be important if you receive a traffic ticket. If a police officer cites you for failing to stop at a stop sign, the video will show whether you stopped.

The technology has gotten cheaper so that it is economical to have a camera installed. It is probably a good idea to do so.

Right to Remain Silent

sscherr39@verizon.net (Scott Scherr) — Thu, 31 Aug 2023 16:33:54 GMT

Exercise your right to remain silent under the Fifth Amendment

We all have seen the Miranda warnings on television. The police officer arrests someone and starts out by saying, "You have the right to remain silent. Anything you say can and will be used against you."

These statements are absolutely true! You have the absolute right to remain silent. You do not need to answer any of the police officer's questions. You should always be respectful and polite, but you do not have to say anything. If you make a statement, it will be used against you in court.

Many times the police obtain their best evidence by questioning a suspect. They will pressure or even bully the individual to get him to tell them what happened. In some cases, the police would have no case except for the fact that the suspect admitted to being at the scene.

For example, the police may respond to a single car accident. They have no idea of the identity of the driver although they may suspect someone. They may not be able to prove the identity of the driver if not for an admission by the suspect.

Other Defendants may think they can "explain" why they were at the scene of a theft. The police may not even have any evidence the suspect was there.

Any individual stopped or being interrogated by the police should think twice about speaking to the police at all. This is true even before their rights are being read to them. In fact, if you are unsure whether to cooperate with the police, remember the next portion of the Miranda warning: the right to an attorney.

Diversion Programs

Tue, 22 Aug 2023 16:32:05 GMT

Diversion programs can sometimes avoid a conviction

Many people who receive citations or are charged with minor crimes may be allowed to do a diversion program. A diversion program, when offered, allows a Defendant to complete a course or do community service in exchange for the charge being dropped. There is usually a small fee that must be paid as well.

Some counties offer a diversion program where a college student is charged with using a fake ID. Other counties will drop a charge for driving without a license or driving on a suspended license if the Defendant obtains a valid license. There are often diversion programs for civil citations for possession of marijuana. At least one county sometimes offers diversion for speeding tickets.

It is also possible for an attorney to negotiate a diversion program for petty theft or malicious destruction of property. Restitution will always be required in these cases. There are also special programs for veterans in some counties.

The purpose of a diversion program is to help the Defendant to get his or her life straightened out rather than to punish him or her with a criminal record that can lead to a downward spiral. Diversion programs vary widely from county to county and will depend upon the individual's prior record.

Camera Tickets in Maryland

Thu, 10 Aug 2023 16:30:26 GMT

Camera tickets do not result in points

There are three types of camera tickets in Maryland. There are speed camera tickets which carry a $40.00 fine and issued where a vehicle goes 12 or more miles over the speed limit. There is a red light ticket which has a fine of $75.00. Lastly, a school bus ticket has the steepest fine of $250.00.

All camera tickets do not carry points. They are issued to the owner of the vehicle. Your insurance rates should not be affected. Having said that, you can request a trial and have your day in court. You can be acquitted or the judge in his or her discretion can reduce the fine.

By law, speed camera tickets are issued in a school zone Monday through Friday between the hours of 6:00 a.m. and 8:00 p.m. If a ticket is issued outside of these days and hours, it is a defense. However, school does not have to be in session. You can be issued a ticket after school hours (until 8:00 p.m.) and during the summer.

If you receive a ticket in the mail, you can watch a video and look at photographs online. Occasionally, the ticket is issued for the wrong car which is of course a defense. I have seen red light tickets issued on a school holiday where the sign said "No Turn on Red on School Days." You can also go to court and tell the judge you were not the driver, but the judge will want to know the identity of the driver.

If you have received a camera ticket for a school bus, you must still stop even if traveling in the opposite direction unless there is a concrete barrier or grassy median. A turn lane seperating the lanes of travel is not sufficient.

If you get a camera ticket in the mail, evaluate whether it is worth your time to go to court. You should determine whether there are any possible defenses. If there are, request a trial and take your shot.

Protecting Your CDL

Fri, 04 Aug 2023 16:28:51 GMT

Truck drivers need to protect their CDL's

A commercial driver's license is vital for truck drivers. Their livelihood depends on it. A traffic citation can seem innocuous, but can jeopardize their CDL. Since truck drivers drive thousands of miles a year, they are more likely to get a ticket than the average driver. Any CDL holder should consult with an attorney immediately after receiving a citation.

For CDL purposes, a probation before judgment counts the same as a conviction under federal law and Maryland law. So while you may not receive the points, your CDL can be suspended or disqualified.

A driving under the influence conviction or probation before judgment will result in a one year suspension for a first offense and a disqualification for life for a second offense. Other charges such as leaving the scene of the accident can have similar ramifications. Certain speeding tickets can also be problematic.

Tractor trailer drivers can also receive tickets for exceeding weight limits for many thousands of dollars. I have represented clients with citations for over $20,000.00.

If you receive a citation and have a CDL, do not pay it. Reach out to an attorney to determine the potential consequences. An attorney can often protect your CDL by negotiating a plea deal to a lesser offense.

Quashing a Warrant

Tue, 25 Jul 2023 19:52:57 GMT

How to get a warrant quashed or recalled

If there is a warrant out for your arrest, an attorney may be able to file a motion to quash the warrant. A motion to quash asks the court to recall the warrant and set the case for a trial or hearing. In many circumstances, a motion to quash will usually be granted.

The most common circumstance is where a defendant fails to appear for court for a serious traffic violation or criminal case. The judge then issues a warrant for the individual's arrest. Perhaps he or she forgot about the court date, never received the Summons in the mail, or otherwise decided not to appear. An attorney can probably quash the warrant and get a court date.

Another common situation is where a judge issues a warrant for a violation of probation. An attorney can often get the warrant recalled.

If there is a warrant issued, you can be arrested at any time. Your first call should be to an attorney to see what steps can be taken to get the warrant quashed before you are arrested on the warrant.

Post-Trial Rights in Criminal Cases

Fri, 14 Jul 2023 16:24:48 GMT

There are important post-trial rights in criminal cases

Defendants have important post-trial rights in criminal cases. Many of these are strict deadlines and you must file within the time deadline to protect your rights.

You have 10 days from a conviction to request a new trial. You have 30 days to file an appeal, but you waive your right to appeal if you accept probation before judgment since this strikes the conviction from your record and there is nothing to appeal. An appeal from the District Court to the Circuit Court in a criminal case is de novo which means you get a new trial.

You have 90 days to ask for a modification or reduction of sentence. Thus, if the judge did not give you probation before judgment, you can file a motion asking the court to modify the sentence at a later time. This means that you can file the motion within 90 days and ask the judge to hold it sub curia to give you a chance to comply with the probation order. You can then ask the judge to hold a hearing at a later time. The hearing must take place within five years.

You can also ask the court to modify your probation. This does not change your sentence, but you can ask that your probation be converted from supervised to unsupervised. This can be filed at any time.

Ignition Interlocks in a DUI Case

Fri, 07 Jul 2023 16:22:27 GMT

Ignition interlock requirements and violations in the event of a DUI

The most common reason someone has to install the ignition interlock is as a result of getting a DUI. If an individual refuses the breathalyzer test or blows .15 or above, they face a lengthy suspension of their driver's license or must do the ignition interlock for one year. The only exception is if they win a MVA hearing which can be difficult since the bases to avoid the interlock is limited.

The ignition interlock carries significant expense and limitations. There are fees for installation as well as a monthly expense. Only the individual required to do the interlock can drive the car. It is possible to get a work exemption for a company vehicle.

A violation will be reported if you have a breathalyzer result of .025 or above. This means that you must abstain from alcohol or you risk alcohol remaining in your system even if you had not imbibed since the previous day. There are also failures if someone tampers with the car, the battery is disconnected, or the car is not started at least 50 times per month.

For any month where there is one or more violations, your interlock program will be extended by one month. If you have four or more months of violations, the MVA will attempt to kick you out of the program and reinstate the original suspension in full. You can fight this at a hearing. If you are kicked out of the program, you can wait 30 days and reenter the program. However, the one years starts over again and you do not receive credit for the previous period.

You should stay away from mouth wash, certain kinds of toothpaste, hand sanitizer, paint thinner, or anything that may give a false positive. You should keep a bottle of water in your car to rinse out your mouth. If the car will not start, you can try again within 10 minutes.

Hopefully, you never need the interlock. If you do, you want to be sure to avoid any violations to get the interlock period over with as soon as possible.

MVA Hearings

Fri, 30 Jun 2023 16:20:30 GMT

Going to a MVA hearing can prevent the suspension of your license

There are many reasons to have a hearing with the Motor Vehicle Administration. The MVA may be trying to suspend your license for a DUI, you may have accumulated too many points, the Medical Advisory Board may be trying to take away your license, or you may have had a violation on a provisional license.

These hearings are crucial to protecting your privilege to drive. If you miss a deadline to request a hearing, it is too late and you will have to serve a suspension which could be lengthy.

Before the pandemic, the hearings took place in person at the Office of Administrative Hearings. However, since the pandemic, these hearings are now virtual using WebEx, a platform like Zoom. You will need to be in a quiet location and have a camera on your computer or use your phone. If you wish to submit exhibits, they should be e-mailed in advance of the hearing.

The MVA does not appear at the hearing. Rather, they submit exhibits in advance of the hearing. You will be shown the exhibits on your screen at the beginning of the hearing. You also can testify and call witnesses. At the conclusion of the hearing, the judge will render a written decision and e-mail it to you.

If you win the hearing, you can request a refund of the filing fee. Either side can appeal the hearing by filing a Petition for Judicial Review within 30 days. I have won MVA hearings where the MVA has taken an appeal. These hearings are complex and it is best to have an attorney to represent you if you can afford one.

Public Record

Fri, 16 Jun 2023 16:14:57 GMT

How to remove convictions from the public record

Maryland Judiciary Case Search has become a popular tool for people to use to see if someone has a prior criminal record. It is used by apartment complexes, potential and current employers, and lenders to learn about your background information. Companies also run background checks which can reveal prior charges. These charges are public record and easily accessible.

The reality is that criminal and traffic charges appear online and are easily accessible. Someone you are dating is likely to plug your name into his or her computer to learn about your background. Parents of friends are checking you out. It makes getting your record expunged extremely important even if you were acquitted or all charges were dropped.

Many criminal and serious traffic charges can be expunged. A stet or probation before judgment can be expunged after three years or sooner for good cause with limited exceptions. A nolle prossequi or an acquittal of all charges can be expunged immediately. Many misdemeanor convictions even some felonies can be expunged after a waiting period.

Expungements are inexpensive and important. You may not be told that the reason you did not get the job was because of a prior misdemeanor theft conviction 20 years ago. However, you could have it gotten expunged without issue. Take the time to explore the expungement of any prior cases.

Car Accident Property Damage Claims

Fri, 16 Jun 2023 16:13:05 GMT

Damages recoverable in a property damage claim

If your car was damaged in a motor accident as a result of the negligence of another party, you have a claim for losses proximately caused by such negligence. First and foremost, you can recover the cost of repairing your vehicle. However, if the car is a total loss, the insurance company instead will pay the fair market value of the vehicle based upon the year, make, model, condition, and mileage, plus 6% sales tax, and tags. Insurance companies will total the vehicle if the repairs are 75% or more of the value of the vehicle.

In addition, the liability carrier must pay for all towing fees, storage costs, and rental car expenses. If the car is totaled, the insurance company will only pay for the rental car for a limited period of time after the total loss is resolved on the theory that you can replace the car when you get your check. The amount offered for the total loss is based on the value of the vehicle and not on the amount you owe to the lender. If the total loss does not pay off the loan, you may make a claim under your gap coverage if you have it.

If you have your car repaired and the cost of repairing your vehicle is substantial, you may have a claim for diminution in value for a recent model vehicle. This is the loss of value of the vehicle due to the accident. There are experts that can determine the diminished value.

You may take the car anywhere you want to get it fixed. The insurance company will do an estimate and the shop will fix the car in accordance with the estimate. If additional damage is found, the shop can get approval for a supplemental estimate.

The insurance company should make you whole by compensating you for losses associated with the damage to your car. If you incur other reasonably related expenses, they should be paid.

Workers' Comp Lingo

Fri, 09 Jun 2023 16:10:22 GMT

Here is language used in Workers' Compensation cases

Workers' compensation law in Maryland has some unique terminology. In this post we will discuss several workers' compensation phrases that are used in Maryland.

"Average Weekly Wage" - this is the average earnings of the injured employee over the 14 weeks before the injury. It is a presumption that can be rebutted by other evidence and the average weekly wage affects benefits paid to the employee.

"Temporary Total Disability" - this is paid at 2/3 of the average weekly wage up to a maximum while the employee in still in medical treatment and cannot work at all.

"Temporary Partial Disability" - this is paid where an employee is still in medical treatment, but is earning reduced wages as a result of his or her injuries. The employee is entitled to 50% of the difference between each week's earnings and the average weekly wage and dividing by 2.

"Permanent Partial Disability" - this is paid when the employee has a permanent disability after reaching maximum medical improvement and having returned to work. It is paid under a schedule regulated by law and ratings are obtained under the AMA guidelines.

"Permanent Total Disability" - this is paid where an employee cannot return to work in any capacity and they have reached maximum medical improvement. This is paid at a statutory rate based on the Average Weekly Wage subject to a Cost of Living Increase.

"Vocational Rehabilitation Benefits" - these are provided where an employee upon reaching maximum medical improvement, cannot return to his or her job. A vocational counselor helps the employee find a new job.

"Issues" - where a claim is contested or there is a dispute, either side can file Issues to have the case scheduled for a hearing.

"Accidental Injury" - this refers to an injury suffered by an employee on the job at a specific moment in time.

"Occupational Disease" - this refers to a disease or injury brought on at work over a period of time.

I hope that this terminology is helpful if you have been injured on the job.

Automobile Insurance Lapses

Fri, 02 Jun 2023 16:08:21 GMT

There are substantial penalties for car insurance lapses

Many people have financial issues and let their automobile insurance lapse. Some people forget to make a payment. Others sell or trade in their cars, but do not turn in their tags. In the case of an insurance lapse, there are large fines imposed by the Motor Vehicle Administration.

The MVA will fine you $150.00 for the first 30 days that you do not have insurance and then $7.00 per day thereafter. I have had clients whose insurance lapsed for two years which is a fine of over $5,000.00. To make matters worse, interest and penalties accrue and the matter is sent over to the Central Collections Unit if you do not pay the fines. The MVA will not negotiate a reduction for financial hardship alone.

If you cancel your insurance or your insurance lapses, your insurance company is required to notify the MVA. The MVA will then send you a letter giving you a certain period of time to provide proof of insurance. If you fail to do so, they will begin collection efforts and demand payment. If you fail to pay it, they will suspend the registration of your vehicle.

If you sold, traded in, or your car was totaled and you failed to turn in your tags, you can provide proof to the MVA and they may eliminate some or all of the fees. They will not take your word for it. They will want to see proof such as a bill of sale, junkyard receipt, or total loss report.

If your insurance lapses, you should immediately get your insurance reinstated or turn you tags into the MVA to stop the fines from accruing. The MVA may be willing to allow you to do a payment plan on the fines that are due. Do not ignore the insurance lapse or the matter will only get worse.

Medical Treatment for Car Accidents

Fri, 26 May 2023 16:06:05 GMT

It is important to get prompt treatment for injuries from car accidents

Many people are injured in car accidents and try to tough it out. They get little or no medical treatment because they are busy with work, school, kids, and other responsibilities and obligations. Yet, they have significant pain and discomfort. They have legitimate claims for damages from an accident, but their claims have little or no value because they did not treat for their injuries.

Insurance companies will never consider an injury claim without medical documentation. They will want to see all medical records, bills, lost wage information, and other proof of damages. They will never take a personal injury victim at his or her word.

Insurance companies will look for any excuse to deny or limit a claim. They will look for gaps in treatment. If you wait four months before seeing a doctor, they will deny that it relates to the accident. If you never received physical therapy for a neck or back injury, they will claim it must have been a minor injury or you would have sought out appropriate treatment.

Therefore, if you are injured in an accident, get treatment promptly. It will put you on the road to a recovery and you will get better sooner. It will also document the nature of your injuries.

Driving Without a License

Fri, 19 May 2023 16:03:55 GMT

Retain counsel if you are charged with Driving Without a License

It may surprise you that very few people charged with driving without a license, driving on a suspended license, or driving on a revoked license go to jail. Most judges just want these people to take steps to get their licenses. Those individuals who continue to drive without a valid license and have multiple offenses may end up in jail, but almost all first time (and most second time) offenders do not get prison time.

If you are charged with driving without a license or any related offenses, you should immediately take steps to get your license. Go ahead and take the written test. Begin driver's education classes. Take the driving test as soon as your are eligible. If you are suspended, pay any fines to get your license reinstated. If you show the court (and State's Attorney) that you are on your way to resolving the issue, you can avoid jail and keep the points off your license. An attorney may even be able to get the charges dropped.

Some people bury their heads in the sand and do not appear in court. This is a big mistake. It will lead to a warrant. You can then be picked up on the warrant and held in jail until you are released or can post bail. If you have a warrant, contact an attorney who can file a motion to recall the warrant.

Do not panic if you are charged with any of these offenses. Get it straightened out and retain counsel.

First Time DUI Offense

Fri, 12 May 2023 16:01:59 GMT

Strategies for first time DUI offenders

First time DUI offenders usually do not go to jail or wind up with a conviction on their record so long as they take steps to show the judge they have taken action to address their issues. All judges expect a DUI offender to have started a treatment program before the court and the failure to do so could lead to a conviction or jail.

There are many good certified alcohol treatment programs around such as One Promise, the Columbia Treatment Center, and Mountain Manor. There are many others. They will conduct an initial evaluation and then recommend either a 12 week educational program or 26 weeks of group therapy depending upon the facts. There are more intensive programs for those with a more serious problem. The sooner you begin the program the better.

You can also do the Victim Impact Panel run by MADD (Mothers Against Drunk Driving). The judge is going to order this anyway so you ought to get it done before court.

You will want to get a complete, certified copy of your driving record to give to your lawyer. You need a letter from your employer showing your need to have a license to get to work. You will want documentation of any community service, awards, accolades, or volunteer work that you are doing. Most importantly, you want to abstain from alcohol altogether.

If you refused the test or blew .08 or above, there is a very short time deadline to file for an MVA hearing or elect the ignition interlock. Otherwise, you face a lengthy suspension of your license beginning the 46th day after the incident. Even if the deadline has run, you can still elect the ignition interlock.

It is natural to be distraught after receiving a DUI. For first time offenders, it will be okay. You should take steps to address the problem as soon as possible and show the judge you are taking the matter seriously.

Check Your Car Insurance Limits

Fri, 05 May 2023 16:00:14 GMT

Check your motor vehicle insurance limits to make sure you have sufficient coverage

You should check your insurance coverage limits on your automobile and home to make sure that your limits are adequate. The last thing you want is to get in an accident and find that your coverage insufficient to cover your losses or the other party's damages.

Many people carry the minimal limits for both liability and uninsured motorist coverages. The minimal limits are only $30,000 per person/$60,000 per accident for bodily injury and $15,000 for property damage. If you cause an accident and the someone is seriously injured, you are putting your assets at risk including your home and bank accounts. Your wages could be garnished. If you a total a Tesla, your coverage will be woefully inadequate to cover the loss. Increasing your policy limits can be done for a minimal increase in premium.

Uninsured motorist coverage protects you if the other driver is uninsured or has low limits. If you are seriously injured and need surgery, you want to make sure you are protected. You should also check to see if you waived PIP which covers medical bills and lost wages regardless of fault. Make sure you have collision, rental car, and towing coverages.

You also want to make sure that your home is adequately insured. Real estate appreciates and you need to increase your coverage periodically. Consider an umbrella policy to protect your assets.

It is well worth it to make sure you have sufficient coverage. You can discuss the issue with your insurance agent or an attorney. Do not wait until it is too late.

Diminution in Value

Fri, 28 Apr 2023 15:58:36 GMT

You may be able to recover the diminution of value of your motor vehicle

Many people do not realize that they can recover for the diminution in value when their vehicle is significantly damaged in a car accident. The law allows a party to recover the difference in the value of the vehicle just before the accident and the value of the vehicle as a result of substantial repairs.

Everyone knows that a vehicle loses value when it is in a significant accident. With Carfax, the fact that the vehicle was in an accident will come up in a search. Potential buyers are looking for a vehicle with a clean history.

It is best to make a claim for diminution in value where the cost of repair is significant and it is a more recent model. In order to establish the loss of value, our firm utilizes an expert witness who assesses the loss. It will cost between $250.00 and $350.00 to get the report which we advance on behalf of our clients. In many cases, it is well worth it. If you have been in an accident, consider making a diminution in value claim.

Tips and Tricks for Traffic Court

Fri, 21 Apr 2023 15:54:28 GMT

Here are some tips and tricks to use in traffic court

Request a trial and not a waiver hearing. The police officer sometimes does not appear and a trial should result in an acquittal if the police officer does not appear.

If the police officer does not appear, plead not guilty and you will be acquitted. Most judges will encourage you to plead not guilty without the officer. However, some judges will still accept your guilty plea and convict if you do not say "not guilty." In fact, even if the police officer is there, you should plead not guilty if the police officer did not see the accident. There would have to be a witness to the accident for you to be convicted of a charge such as failure to control speed to avoid a collision.

The law says that any citation related to speed must contain the actual speed you were traveling. If your speed is missing from the citation, then move to dismiss it. This applies to not only speeding tickets, but to charges like speed greater than reasonable and failure to control speed to avoid a collision. In addition, if you are charge with exceeding the speed limit, the speed limit must also be on the citation.

The charge of aggressive driving requires three separate moving violations. Read the aggressive driving statute. If the officer only proves two, you will be acquitted. This is important because aggressive driving is a 5 point ticket.

Reckless driving requires a wanton and willful disregard for the safety of others. Many people commit acts that are negligent, but not reckless. Crossing over the center line may be negligent, but it is not reckless. Reckless driving is 6 points so you want to try this case.

Hiring An Attoney for a Workers' Compensation Case

Fri, 07 Apr 2023 15:51:06 GMT

You should hire an attorney for a Workers' Compensation case

There is no reason not to hire an attorney in a Workers' Compensation case. You do not have to pay an attorney directly. The attorney gets paid out of your permanency award and the payments are remitted by the insurance company. In fact, you do not even have to pay any expenses as the attorney advances all expenses on your behalf.

Attorney's fees are regulated by the Workers' Compensation Commission under the Code of Maryland Regulations (COMAR) and must be approved by the Workers' Compensation Commission. If you have a permanent disability, you will receive an award for the nature and extent of your disability. By law, the attorney's fees will be 20% or less of that award. This is a much lower fee than a personal injury case where an attorney may charge 1/3 or 40%.

In addition, an attorney may be awarded a fee of 10% for temporary total disability if the matter goes to a hearing and the lawyer is successful. Temporary total disability benefits are paid at 2/3 of your average weekly wage up to a maximum. Attorney's fees are only awarded for these benefits if the matter is contested at a hearing.

Thus, it is wise to hire an attorney if you are injured on the job. Attorney's fees are a small percentage and an attorney can insure that you receive the benefits to which you are entitled.

Right to a Trial By Jury

Fri, 31 Mar 2023 15:49:09 GMT

These are the circumstances where you have a right to a trial by jury

There is a constitutional right to a jury trial in many cases. Not every case entitles you to a jury trial.

In criminal cases, there is a right to a jury trial in any case where the maximum sentence is more than 90 days in jail. So, if you are charged in the District Court for a DUI which carries up to a year in jail, you can pray a jury trial and the case will be sent over to the Circuit Court where it will be tried before 12 men and women from the motor-voter rolls of the county and the verdict must be unanimous.

A criminal defendant may wish to elect a jury trial where the District Court judge is known to be harsh or where the State is taking an unreasonable position. A defendant may also want time to retain counsel and if the judge denied a postponement request, a jury trial prayer will result in a postponement since the case will be sent to Circuit Court.

In civil cases, the right to a jury trial exists in any case where the amount controversy exceeds $25,000.00. Either party can request a jury trial in a civil case and the case will be tried in front of six men and women from the motor-voter rolls of the county. Once again, the verdict must be unanimous.

If a party wants a quick resolution of a smaller case, they may choose to sue for $25,000.00 or less in the District Court since it is below the threshold. If a party wants more discovery and tools to gather evidence, they may sue in the Circuit Court and request a trial by jury.

The right to a trial by jury is an important Constitutional right that should be exercised in the right circumstances. You should consult with an attorney to decide the best way to proceed.

Tickets for Accidents: Go to Court

Fri, 24 Mar 2023 15:47:28 GMT

Always go to court if you get a ticket for an accident

Police often give tickets for accidents. You may be tempted to just pay the tickets. Do not do it! Maryland law assesses more points in most cases if the ticket was a result of an accident.

For example, failure to obey a traffic control device is a 1 point ticket. However, any ticket that contributes to an accident is 3 points and also results in a higher fine. Thus, failure to obey a traffic control device contributing to an accident is 3 points.

Moreover, traffic citations involving accidents can often be defended successfully at trial. Usually, the police officer did not see the accident and witnesses do not always appear. This will result in an acquittal.

Even if the necessary witnesses do appear, there can still be defenses. There may be a dispute as to how the accident happened. Since the State must prove the Defendant's guilt beyond a reasonable doubt, a judge may acquit the Defendant if there is conflicting testimony.

So, request a trial and go to court if you received a traffic citation contributing to the accident. You may end up hearing the words "not guilty."

Traffic Tickets: Beware of the 30 Day Deadline

Fri, 17 Mar 2023 15:44:12 GMT

You must request a trial or waiver hearing within 30 Days of the ticket

If you received a minor traffic citation like speeding, failure to control speed to avoid a collision, or running a stop sign, you have 30 days to request a trial, waiver hearing, or pay the citation. If you fail to act within 30 days, your driver's license will be suspended which will lead to bigger problems for you. It gets worse if the MVA does not have your current address because the suspension notice may never get to you. You can then be charged with driving on a suspended license which is a must appear offense.

As I have mentioned previously in this blog, you should always request a trial and not a waiver hearing. A trial requires the police officer to be there and they sometimes do not show up. If the police officer fails to appear, you will be acquitted. A waiver hearing admits your guilt and does not require the presence of the police officer.

What do you do if you missed the 30 day deadline? You should immediately file a motion to have the case scheduled for trial. If the motion is granted, the suspension will be lifted and you will get a trial date. If the motion is denied, you will have to pay the ticket and will receive points for any moving violation.

Now, some tickets do not carry points and you may decide to pay them and instead of going to court. Examples include failure to display a license and driving on a suspended registration. However, even some tickets that do not carry points can result in a suspension if you pay them such as driving in violation of a license restriction. If you are unsure, reach out to me.

Do not ignore the ticket or your license will be suspended. Deal with it promptly and you can avoid making a bad situation worse.

Things to Do After a Car Accident

Fri, 10 Mar 2023 16:27:21 GMT

There are certain things you should do after a motor vehicle accident

It is always stressful when you have been in an automobile accident. You are worried about the damage to your car. You may have been injured. You are worried that the other driver may lie about how the accident happened. There are several things that you can do that will be helpful later.

First, get the driver's license, registration, and insurance card from the other driver. Take pictures of all three documents. You need to know the identity of the driver and his or her insurance information.

You should also take pictures of the scene and the damage to all vehicles. Make sure you get the other driver's tag number in one of the photographs.

Next, if there are witnesses, get their names, addresses, and telephone numbers. If you do not get the information, their identities will be gone forever.

If the other party makes any statements to you, write them down. You may forget later and they admit fault. Many times the other driver will admit fault at the scene and then change their story later so have a witness to these admissions.

If you are injured but do not feel you need to go to the hospital, go to an urgent care center like Patient First. Do not wait to get medical treatment since this can cause issues in your case and it is important to get yourself checked out.

Lastly, when you get home, call your insurance company and report the accident. You have a duty to report the accident to your insurance company in a timely fashion.

Which Insurance Company Pays

Fri, 03 Mar 2023 16:24:52 GMT

It is sometimes difficult to sort out which insurance company pays

It can be confusing when trying to determine which car insurance company would pay a claim. If you are driving a friend's car, does your friend's insurance pay or does your own insurance pay? Do they both pay? What about if you are pedestrian?

The simple answer is that insurance follows the motor vehicle you are in when the accident occurs. If you are driving a friend's vehicle and cause an accident, your friend's insurance policy is primary. This means that their insurance company pays first. Your personal insurance policy on your own car is secondary. This means that it pays if your friend's policy is paid out in full. For example, if your friend has a $30,000 policy and it is tendered, your personal insurance would then provide coverage for the claim up to your policy limit.

If you are driving or are a passenger in another motor vehicle and are injured, you can make a PIP ("Personal Injury Protection" claim against that motor's vehicle insurance company so long as you did not waive coverage on your personal vehicle policy. However, if you have greater PIP limits on your own personal policy, you can also make a claim for the difference in PIP between the two policies so long as the first policy is paid out.

Pedestrians make PIP claims first against the vehicle that struck them. They may have additional PIP coverage on their personal vehicle.

If you have been struck by two vehicles who are both at fault, they are jointly and severally liable for your injuries. This means that both insurance companies can pay your claim and you can collect up to the policy limits of each of them depending on the value of your case.

It can be confusing which insurance company has to pay your claim. If you have any questions, reach out to us.

Motor Vehicle Insurance Coverages

Fri, 24 Feb 2023 16:22:28 GMT

These are the main motor vehicle insurance coverages in Maryland

There are many different types of automobile insurance coverage. It is important to check to see the types of coverage that you have on your policy in the unfortunate event that you are involved in a motor vehicle accident.

Collision insurance cover your car regardless of fault if you are in a motor vehicle accident. You will have a deductible that usually ranges between $100.00 and $1,000.00. The failure to carry this coverage means that if you get in an accident that is your fault, you will have no coverage to fix your car. It also means that if you rent a car and do not take out a collision damage waiver, you are responsible for any damage to the rental car.

Comprehensive coverage complements collision coverage. It covers damage to your car for any event where your car is not in a collision. Thus, if someone steals your car, a claim would be made under the comprehensive coverage. You will have a deductible here as well although it may be different than your collision coverage.

Rental car coverage allows you to rent a car while your car is in the shop. In order to carry rental car coverage, you must also have collision and/or comprehensive coverage. Towing coverage will pay if your car has to be towed from the scene.

PIP (Personal Injury Protection) allows you to claim payment of medical bills and lost wages regardless of fault up to the PIP limit which is at least $2,500.00. This coverage can be waived for anyone 16 or older in the household. Medical Payments coverage is an optional coverage that only covers medical bills.

Bodily injury coverage covers you if you cause an accident up to the limit of your policy. Any claim in excess of your coverage renders you personally liable. The minimum bodily injury limits required by law are $30,000 per person and $60,000 per occurrence.

Property damage coverage covers damages to other vehicles caused by your negligence in an accident. Minimum limits required by law are $15,000. However, if you cause a four car accident, you will have a lot of exposure so you should carry higher limits.

Uninsured motorist coverage covers you if the other person is not insured or carries low limits and your claim exceeds those limits. There is standard UM coverage where the liability limits are subtracted from the UM limits and enhanced UM coverage where it provides additional coverage.

Many people carry automobile insurance limits that are woefully inadequate. Check your coverages and make sure you are protected if you are involved in an accident.

Violating License Restrictions

Fri, 17 Feb 2023 16:20:25 GMT

There can be serious ramifications to being charged with violating a license restriction

There are hidden dangers behind traffic citations for violating a license restriction. Some of these charges do not even carry points. However, a conviction (including paying a citation) will result in a lengthy suspension by the Motor Vehicle Administration.

Many people have restrictions on their licenses. There are restrictions that require that the licensee wear eyeglasses. Some people have a restriction that requires the interlock or precludes them from driving with any alcohol in their system. Others have a restricted license for work, school, or alcohol treatment. Young people with a provisional license may have restrictions that preclude them from driving with someone under 18, during certain hours of the day, and with alcohol in their system.

If you are charged with violating any restriction on your license, do not pay it. Request a trial and go to court. You should consider hiring an attorney to represent you. A conviction will lead to a lengthy suspension (usually one year and the suspension does not start until the MVA has your license).

If you have already paid the ticket and received a suspension letter, you may be able to reopen the ticket and at the same time file for a hearing with the MVA. The hearing will take place virtually with the Office of Administrative Hearings and they have the ability to issue a reprimand allowing you to keep your license, reduce the suspension, or give a restricted license for work or school.

Maryland Gun Laws

Fri, 10 Feb 2023 16:17:57 GMT

Convictions or PBJ's can disqualify you from owning or possessing a firearm

There are very strict gun laws in Maryland. You cannot own or possess a firearm if you have been convicted of a felony or any misdemeanor that carries more than two years in jail. In fact, you cannot own or possess a firearm if you receive probation before judgment with the sole exception of a probation before judgment for a second degree assault charge that is not domestic violence. This means that if you receive probation before judgment for second degree assault that is related to domestic violence, you are prohibited from buying a firearm.

In addition, you cannot own or possess a firearm if you are a fugitive from justice, habitual drunkard, addicted to a controlled dangerous substance or habitual user, suffer from certain mental disorders, have been found incompetent to stand trial or not criminally responsible, have been voluntarily admitted to a mental institution for 30 consecutive days, or are under the protection of a guardian.

You cannot own or possess a gun if there is a protective order against you. The police will confiscate your guns at the time that you are served with a Protective Order.

There are numerous other prohibitions. It is illegal to apply to purchase a firearm while knowing that you are not eligible. If you have questions about your eligibility, speak with a lawyer.

Probation Violations

Fri, 03 Feb 2023 16:16:19 GMT

Steps to take of you violated your probation

It is sometimes a difficult choice between using the Public Defender who may be free or a private attorney. A common question lawyers receive is which is the better option. Like many things, the choice is a complicated one with pros and cons on both sides.

Public Defenders are very experienced lawyers. They try criminal and serious traffic cases every day. They know all of the judges and prosecutors. They also know possible defenses and issues to raise in your case.

Unfortunately, Public Defenders are overworked and have a large caseload. They may not be able to reach out to you or return your call until the trial date. They may not be able to even look at your file until the court date. They may have a half dozen cases or more on the docket and likely will not have much time to prepare your case.

On the other hand, a private attorney only has your case on the docket. He or she can speak with you multiple times before court, gather evidence, and develop a strategy on defending the charges. A private attorney can also recommend mitigation steps such as a treatment program, counseling, anger management, or a Victim Impact Panel.

The choice on whether to use the Public Defender or retain private counsel is not always easy. One thing is for certain. It is important to have an attorney, whether it be a Public Defender or private lawyer, in any case where incarceration is a possibility.

Public Defenders v. Private Counsel

Tue, 24 Jan 2023 16:14:10 GMT

There are pros and cons to using the Public Defender

Free Consultations

Fri, 20 Jan 2023 16:12:08 GMT

Many attorneys will speak to you briefly for free

Many people do not reach out to attorneys because they are concerned about costs or they are too shy to contact a lawyer. Most attorneys will speak to a client on the phone briefly for free. Even if it is not financially feasible to hire an attorney, many lawyers are happy to give some general advice to guide the client in the right direction.

I have received many calls from clients who have received traffic tickets, been sued for a debt, were uninsured for a motor vehicle accident, have a consumer issues, and a host of other legal problems. In some cases, it makes sense for them to hire me. In other cases, I am able to give some general guidance in how best for them to proceed with their legal issues which can make a big difference in the ultimate outcome.

On the other hand, I have been contacted clients after the fact where they were unhappy with the outcome of their case. By that point, there may be very little that I can do to help them if a judgment or conviction was rendered. I often wish they had come to me earlier.

So, reach out to a lawyer if you have a question. Many of us are happy to help.

Provisional Licenses

sscherr39@verizon.net (Scott Scherr) — Thu, 12 Jan 2023 16:10:25 GMT

Traffic tickets have a big impact on a provisional license

All new drivers must first have a provisional license in Maryland under the graduated license system. In general, after 18 months, the license automatically converts to a regular license if there are no traffic convictions, probations before judgment, or license suspensions. Any infraction will result in a sanction by the MVA and starts the 18 month clock over again.

In general, a first violation on a provisional results in a requirement that the licensee complete a driver improvement program. If the licensee completes the program, then they can keep their license. However, the 18 months begins anew.

The second violation on a provisional will result in a 30 day suspension by the MVA. The suspension will not begin until the offender turns in his license. He then must get his license restored and the 18 month waiting period starts over on the date of restoration. Someone under 18 will also have to have a restricted license for work or school for 90 days after the 30 day suspension. However, the licensee can file for an MVA hearing where the Administration Law Judge can issue a reprimand in lieu of a suspension, reduce the suspension, or order a restricted license for work or school.

The penalty for a third violation is much steeper. The MVA will suspend the license for 180 days. If someone is under 18, then they must have a restricted license for work or school for an additional 180 days. The individual can still file for a hearing. A fourth violation on a provisional for someone under 18 will result in the revocation of the license.

There are huge consequences to a violation on a provisional and the licensee should consult with an attorney to determine his or her options.

Maryland Uninsured Motorist Coverage

Fri, 06 Jan 2023 16:07:51 GMT

Uninsured motorist coverage is crucial insurance to have

Uninsured motorist coverage is a crucial component of your insurance policy. It covers damage to your vehicle and your bodily injury claim where the other driver does not have insurance (which happens more than you think) and where the other driver does not have sufficient insurance to cover your claims. You should check your coverage limits to make sure that you are adequately protected in the event you are struck by an uninsured or underinsured motorist.

There are now two types of uninsured motorist coverage in Maryland. The first type, traditional uninsured motorist coverage, assures coverage for an accident up to the amount of your policy limit. So, if you have $100,000 in coverage and you are struck my a motorist with $50,000 in liability coverage, you now have $100,000 in total coverage: $50,000 from the other driver and $50,000 from your own policy ($100,000 - $50,000).

You can also elect to purchase enhanced uninsured motorist coverage. For a slightly higher premium, enhanced uninsured motorist coverage provides coverage for your limits regardless of the amount of liability coverage available. So, if the other driver has $50,000 and you have $100,000 of enhanced uninsured motorist coverage, you have $150,000 in total coverage.

The minimal uninsured motorist coverage required by law is $30,000 per person, $60,000 per accident, and $15,000 for property damage. This is inadequate coverage for all people. You should check your uninsured motorist limits to make sure that you are protected.

Things You Can Do After Getting a DUI

Thu, 29 Dec 2022 16:02:56 GMT

There are important steps you should take after getting a DUI

No one wants to get a DUI. Unfortunately, it does happen and understandably causes a great deal of stress and anxiety. There are concerns about going to jail, losing your license, increased insurance premiums, losing your job, and fees and expenses.

There are things that you can do to achieve the best possible result. You can immediately enter a certified alcohol treatment program. They will determine the best course of treatment which may be a 12 hour educational program, 26 or 52 hours of group counseling, or other more intensive forms of treatment. They will randomly test you for alcohol use. They are happy to write reports for court and will even send a representative to court. The sooner you begin treatment the better because the judge will expect it and will note how quickly you started the program after the offense.

You also can attend a Victim Impact Panel through Mothers Against Drunk Driving. Unless you are acquitted, the judge is going to order it anyway.

You will want to get a certified, complete copy of your driving record. You will also want a letter from your employer verifying your employment and your need to drive to and from work. You should think about other letters you can get for court such as a letter from your pastor or rabbi, a letter showing any volunteer work or good deeds that you do, and any awards that you have received.

Finally, you will need to decide whether to file for an MVA hearing or install the ignition interlock if you blew .08 or above or refused the test. This is a conversation that you should have with your attorney. Note that there are strict time deadlines for you to act.

It is important to be proactive after a DUI. It can mean the difference between getting a break in court and facing serious consequences and ramifications.

Blood Alcohol Chart: Avoiding a DUI

Wed, 21 Dec 2022 15:58:43 GMT

This Chart Determines How Much You Can Drink Before You Are Impaired

The chart to the left depicts the amount of alcohol you can drink based upon your gender and weight. It is an average and alcohol may affect you differently than other people. This chart is required to be posted in all drinking establishments in the State of West Virginia.

So, if you are a 120 pound female, you will already be at .08, the Maryland legal limit, after two drinks. You can be charged with driving under the influence. In fact, a blood alcohol concentration of less than .08 can still get you charged and convicted of DUI or the lesser offense of driving while impaired.

It is better to take an Uber of Lyft or to use a designated driver. Nonetheless, the chart is helpful as a general guide.

Expunging Felonies in Maryland

Tue, 13 Dec 2022 15:52:00 GMT

Certain felonies can be expunged in Maryland

Many people do not know that there are some felony convictions that can be expunged. This is important because felony convictions can affect your ability to get a job or rent an apartment. No one wants to be labeled as a convicted felon.

Until recently, only a probation before judgment could be expunged for a felony. This was unfair to those who made mistakes in their youth and are still paying a severe price for it. As a result, the legislature passed the Maryland Second Chance Act to allow certain convictions to be expunged. The law is codified in Section 10-110 of the Criminal Procedure Article Annotated Code of Maryland. In fact, every year, more convictions are expungable as the legislature broadens the statute.

As of today, the following felonies can be expunged:

Felony theft;
Possession with intent to distribute a controlled dangerous substance;
Second degree, third degree, and fourth degree burglary;
An attempt or conspiracy to commit any of these offenses.

There are other criteria to get your record expunged. You must not have any pending charges and you must not have any subsequent charges that also cannot be expunged. Most importantly, there is a waiting period from the end of your probation or sentence. There is a $30.00 filing fee.

You should get your record expunged as soon as possible if you are eligible. It is a simple and inexpensive process.

Workers' Compensation Presumptions

Tue, 06 Dec 2022 15:49:40 GMT

There are presumptions for public safety employees in Workers' Compensation cases

Many people do not know that there are presumptions that apply to police officers, firefighters, and other people employed in areas of public safety that make it easier for them to receive workers' compensation benefits. Section 9-503 provides a presumption that certain occupational diseases are work related for these employees.

The law provides that a firefighter, fire fighting instructor, rescue squad member, advanced life support unit member, or sworn member of the a Fire Marshal's office is presumed to have an occupational disease that was suffered in the line of duty and is compensable if the individual has certain health issues. These include heart disease, hypertension, or lung disease. The heart disease, hypertension, or lung disease must result in partial or total disability or death. In the case of a volunteer, the individual must have met a suitable standard of physical examination.

A firefighter, fire fighting instructor, rescue squad member, advanced life support unit member, or a sworn member of a Fire Marshal's office is also presumed to be suffering from an occupational disease that was suffered in the line of duty and is compensable if the individual has leukemia or prostate, rectal, throat, multiple myeloma, non–Hodgkin’s lymphoma, brain, testicular, bladder, kidney or renal cell, or breast cancer that is caused by contact with a toxic substance that the individual has encountered in the line of duty. The individual must have completed at least 10 years of cumulative service within the State as a firefighter, a fire fighting instructor, a rescue squad member, or an advanced life support unit member or in a combination of those jobs, the cancer or leukemia must result in partial or total disability or death, and in the case of a volunteer, the individual has met a suitable standard of physical examination.

Similar laws benefit police officers. A paid police officer is presumed to be suffering from an occupational disease that was suffered in the line of duty and is compensable if the police officer, deputy sheriff, or correctional officer is suffering from heart disease or hypertension and the heart disease or hypertension results in partial or total disability or death.

A paid law enforcement employee of the Department of Natural Resources who is a covered employee and a park police officer of the Maryland–National Capital Park and Planning Commission is presumed to have an occupational disease that was suffered in the line of duty and is compensable under this title if the employee is suffering from Lyme disease and was not suffering from Lyme disease before assignment to a position that regularly places the employee in an outdoor wooded environment. The presumption for a park police officer of the Maryland–National Capital Park and Planning Commission shall only apply during the time that the park police officer is assigned to a position that regularly places the park police officer in an outdoor wooded environment and for 3 years after the last date that the park police officer was assigned by the Maryland–National Capital Park and Planning Commission to a position that regularly placed the officer in an outdoor wooded environment.

These presumptions were enacted in recognition of the dangerous occupational exposures by public safety employees every day. Firefighters are exposed to dangerous chemicals and pollutants. Police officers are under extremely stressful situations. The law eases the burden of proving causal connection for these public safety employees.

Restitution in Criminal Cases

Tue, 29 Nov 2022 15:47:14 GMT

The importance of restitution in criminal cases

In criminal and sometimes even serious traffic cases, the defendant's ability to make restitution can lead to a more favorable outcome. It many times can even lead to a nolle prossequi (charges are dropped), stet (case placed on the inactive docket), or at least a probation before judgment (conviction stricken from the defendant's record). Most of the time the defendant owes the money anyway.

For example, a defendant charged with theft should be prepared to repay the money. The State will be very interested in seeing that the victim is reimbursed for his or her losses. I have had clients bring money to court to repay victims in a motor vehicle accident that led to a DUI charge and this made the difference between my client's walking out of the courtroom and going to jail. Even simply having the money to pay the victim's deductible for his or her car repair is important in a hit and run.

If the charge is malicious destruction of property, the defendant should expect to pay for the repair or replacement of the items in full prior to the court date. I have obtained a stet in more than once case where my client was able to hand the money to the victim.

If you are charged with a crime where a victim is alleging a loss, start saving your money so that you can make restitution through your attorney. It can mean the difference between jail or your freedom or having a criminal record or not.

2022 Constitutional Amendments

Wed, 16 Nov 2022 15:45:36 GMT

2022 Constitutional amendments were passed in the election

On Election Day, we did not just vote for our favorite candidates. We also voted yes or no on several important Constitutional amendments that passed. Here are a few of them.

First, a Constitutional amendment passed authorizing individuals 21 years of age or older to use and possess marijuana legally. The legislature would have to pass laws regulating the use of cannabis. There would be strict regulation in terms of quantity, sale, taxation, and use.

Next, the Maryland appellate courts will get new names. Maryland's highest court, now called the Court of Appeals, will be called the Supreme Court of Maryland. Maryland's intermediate appellate court, now called the Court of Special Appeals, will be called the Appellate Court of Maryland. Previously, Maryland was one of only two states in the country whose highest court was called not called the Supreme Court.

State legislative candidates will now be required to maintain a primary residence for six months in the district they will represent before the election. A temporary or part-time residence will not suffice.

In civil cases, the amount controversy must now be more than $25,000 to pray a jury trial. The current limit is $15,000. This will result in more cases being filed and staying in the District Court where people will receive quicker trial dates and it is less expensive to pursue litigation.

These amendments have been ratified by the Governor.

Whether to Take a Breathalyzer Test in a DUI

Mon, 07 Nov 2022 15:43:18 GMT

There are important considerations on whether to take a breathalyzer test after a DUI

It is a difficult decision whether to take the breathalyzer test. You may be nervous and anxious. Maybe you had a few drinks. It is hard to think with a clear head and it is a difficult decision to make.

It is important to understand the consequences of taking or refusing the breathalyzer test. If you take the test and blow below .08, you will be below the legal limit and the police officer will not take your license. There will be no consequences with the MVA suspending your license. In almost all cases, if you know you are below .08, you should take the test. It goes without saying that you should always take the test if you have not been drinking. Note that you can still be charged with a DUI even if you are below .08.

If you blow between .08 and .14, the police officer will take your license and issue a temporary license. You then three choices. First, you can serve a 180 day suspension of your license beginning the 46th day after the offense. This is not a good option for most people who need to drive. Second, you can elect the ignition interlock for 180 days. This allows you to drive everywhere, but you have to pay for installation and the monthly fees. Lastly, you can request a hearing before an Administrative Law Judge where if you have a defense, the judge can take "no action" against your license or if the judges finds against you, you can be issued a restricted license for work, school, doctor's appointments, and alcohol treatment for 180 days. This is the best bet for many people.

If you take the test and blow .15 or above, your options are a 180 day suspension, one year ignition interlock, or filing for a hearing. At the hearing, you are not eligible for the restricted license so the only way you can avoid the interlock or suspension is to get a "no action."

If you refuse the test, it is a 270 day suspension for a first offense or two year suspension for a second offense. You have the options of a one year interlock or filing for a hearing where you must get a "no action." There are also enhanced penalties that can be brought against you for the refusal in the DUI case.

So, what do you do? If it is your first offense and you have not had much to drink, you should take the test. You might be below the legal limit or at least below .15 where there are options besides the interlock.

If you have had a lot to drink and know you will be .15 or above, you might want to refuse the test. This is especially important for people with prior DUI offenses. If you take the test, you will be providing evidence for the State to convict you and a high result could impact sentencing. A refusal often results in a plea deal to the lesser offense of driving while impaired. If you have a commercial driver license, refusing the test can result in a lengthy suspension of your CDL.

There are charts online that give you a rough estimate of how many drinks it takes to get to the legal limit based upon your gender and weight. It is probably not a bad idea to check them out. It is an even better idea to call an Uber or have a designated driver if you can.

Statute of Limitations

Mon, 31 Oct 2022 14:40:47 GMT

There are time deadlines to file a lawsuit which is called the statute of limitations

The statute of limitations is a legal phrase that refers to the time deadline to file a lawsuit or press criminal charges. It is defense to a lawsuit or charges that a claim is barred by the statute of limitations that must be raised by the Defendant.

Most people refer to the statute of limitations in civil cases. In most civil cases, the statute of limitations is three years. So, if you are injured a motor vehicle accident, you must sue all responsible parties within three years or your claim will be forever barred. In a breach of contract case, the statute of limitations is three years from the date of the breach of the contract by the Defendant. So, if you sign a contract for a loan on your house, the breach is when you miss the first payment. Note that if the contract is signed under seal, then the statute of limitations is 12 years.

Some torts have very short statute of limitations. If you sue for assault or defamation, then the statute of limitations is only one year. Assault is different than battery where the statute of limitations is still three years for the latter.

In addition to the statute of limitations, some claims against governmental agencies require formal notice under the Local Government Tort Claims Act, the Maryland Tort Claims Act, and the Federal Tort Claims Act. The failure to provide proper notice under these laws will bar a lawsuit even if it is filed within the statute of limitations. Medical malpractice cases have special rules that apply to the statute of limitations which is beyond the scope of this blog.

In certain tort cases, the statute of limitations may not begin to run until the Defendant knew or should have known of the tort claim. This happens in many cases where the Defendant is a victim of fraud. Note that the statute will begin to run when the Plaintiff is placed on "inquiry notice" where the Plaintiff should begin to investigate. It is better not to rely on the argument that the statute did not begin to run until later because it creates an issue in the case.

Some crimes also have a statute of limitations. There is a two year statute of limitations for misdemeanor theft (but no statute of limitations for felony theft). There is a one year statute of limitations for minor traffic citations. For most criminal charges, there is no statute of limitations.

Different states have different statutes of limitations. If your claim arises in another state, you will need to check the statute of limitations. If you have a question about the statute of limitations, feel free to give us a call.

New Laws Effective 10/1/22

Fri, 21 Oct 2022 14:38:21 GMT

There are many new laws in Maryland that took effect 10/1/22

New laws almost always take effect on October 1st every year. This year is no exception. Here are some new laws that are important or interesting to know.

A motorist must now move over for any vehicle on the shoulder. Previously, one had to move over for an emergency vehicle, tow truck operator, or police car. Now, you must move over for any vehicle stopped or parked on the shoulder. If you cannot safely change lanes, you must slow down.

In rural areas, slower traffic must drive in the right lane where signs are posted.

All children's car seats must be installed rear facing until the child is at least two years old unless the child exceeds the height and weight requirements. This law brings Maryland in line with 16 other states and the District of Columbia.

All criminal charges that result in a dismissal, acquittal, or nolle prossequi will be automatically expunged after three years.

It is now illegal for a veterinarian to declaw a cat unless it is done for therapeutic reasons.

It is illegal to park in a space designated for electric vehicles unless the vehicle is in fact an electric vehicle and being charged.

A person can be compelled to testify against his or her spouse in a criminal case if they married after the crime was allegedly committed.

There are penalties for leaving an unattended dog outside in extreme hot or cold conditions.

It is illegal for someone under 17 to marry with certain exceptions.

A victim of domestic violence can file a petition for protective order electronically.

The crime of stalking has been broadened to include electronic harassment.

There are many other new laws that have taken effect. These are just some of them.

Maryland's Electronic Filing System: MDEC

Mon, 17 Oct 2022 14:36:12 GMT

You can file electronically in your case without leaving your home

If you are Googling about your case, you may have come across MDEC. "MDEC" is an acronym for Maryland Electronic Courts. Beginning in 2014, the courts have gradually converted to an electronic filing system where pleadings can be filed electronically, documents, can be downloaded, and service of pleadings can be made by e-mail.

Electronic filing is mandatory for attorneys in counties that have electronic filing. With Prince George's County coming on board on October 17, 2022, all counties in Maryland now participate in MDEC with the sole exception of Baltimore City. You must still file with paper in Baltimore City. Officially, Baltimore City is scheduled to be added to MDEC in 2023, but many people believe that this will be delayed.

In counties that participate in MDEC, pro se (unrepresented) litigants can also file electronically. They simply need to set up an account with MDEC. They would need a scanner to use to upload pleadings. Given the inconsistencies with the United States Postal System, it is much safer to file electronically because your pleadings may never get to the court. MDEC is optional for pro se litigants.

Note that once you are a party to the case, you can see all pleadings and court orders filed in the case. However, you cannot see pleadings or Orders in any case where you are not a party. You would have to go to the courthouse and use the computers there to pleadings in other cases and can print out what you need subject to a fee.

I recommend MDEC even for pro se litigants. It is easy to use, convenient, and saves time and postage.

Expungement Law Changes 10/1/22

Mon, 10 Oct 2022 14:34:14 GMT

Maryland law expungement changes take effect 10/1/22

Every year the legislature increases the number of convictions and case that can be expunged. A new law makes expungement automatic in certain cases.

There is now a law that provides for the automatic expungement of certain charges in Maryland. Effective October 1, 2022, any police or court record of a 3 year old charge must be automatically expunged if the disposition was an acquittal, dismissal, or not guilty verdict. Prior to that date, a defendant had to affirmatively file a Petition for Expungement. This is no longer the case now. Note that this new law does not apply to a stet or probation before judgment and you can file for expungement before the three years for an acquittal or dismissal if you file a General Waiver and Release along with a Petition for Expungement.

This law is important because many people never filed a petition for expungement. Employers and landlords can still see the charges until they are expunged. It can affect future job prospects and apartment rental opportunities.

The Defendant will receive a notice from the court that the charges have been expunged in the mail. This new law should benefit many people.

Traffic Tickets, Points, and the DC/CR 90

Mon, 03 Oct 2022 14:30:18 GMT

The DC/CR 90 booklet tells you the fines and points for traffic tickets

If you receive a traffic ticket, there is a good chance it carries points. Speeding tickets will result in anywhere from 1-5 points. A moving violation resulting in an accident is 3 points. A DUI is 12 points. Points almost always result in your insurance rates going up which is why you should request a trial and go to court.

Most people do not know that there is a handy guide online that tells you whether a ticket carries points, how many points will be assessed, and the chargeable fine on the ticket. This guide is called a DC/CR 90 and here is the link:

https://mdcourts.gov/sites/default/files/court-forms/dccr090public.pdf

You can look up any ticket and determine whether it carries points. Some citations like failure to display a license or driving without current tags do not carry points (but the latter can result in the officer taking your tags). Before paying any citation, look it up on the DC/CR 90. This is what lawyers do all the time.

Maryland Judiciary Case Search

Wed, 28 Sep 2022 14:27:48 GMT

You can check the case status on Maryland Judiciary Case Search

Maryland Judiciary Case Search is a website where you can look up criminal actions and civil lawsuits by inputting a person's name or case number. The link is here:

https://casesearch.courts.state.md.us/casesearch/

It is an important website. You can put in your name to make sure you do not have a pending civil action, criminal charge, or traffic violation. Some people discover there is a warrant because they missed a court date. An attorney can get the warrant recalled. Other people find an unpaid traffic ticket that has lead to a suspension of their driver's license. It is better to find out before you are pulled over for driving on a suspended license so that you can resolve the issue.

You can look up someone you have started dating. You may find multiple criminal charges or judgments against them. It would be better to find out sooner rather than later.

You may remember criminal charges from decades ago. Many of these can be expunged. You may want to see if these old charges can be removed from your record.

Employers look up prospective employees on Maryland Judiciary Case Search. You should too. You can clean up your record to the extent it is possible.

Not all charged appear on Maryland Judiciary Case Search. Some warrants do not appear and anything expunged will not appear. Charges that have resulted in a nolle prossequi will not appear. Still, it is a great resource for many different things and it is free to use.

Criminal Dispositions

Thu, 22 Sep 2022 09:59:00 GMT

There are many possible outcomes in a criminal case in Maryland

Many people are confused about the possible dispositions in criminal cases. There are legal terms that are confusing to the general public. Let's discuss the possibilities.

The prosecutor may be willing to enter a nolle prossequi. This means that the State's Attorney decides not to prosecute the case. The charge is essentially dropped. This is a great result and the charges are eligible for immediate expungement. While the prosecutor can refile the same charges, it almost never happens and there are speedy trial issues that arise.

You may agree to a stet. A stet means that the case is placed on the inactive docket and the charge is not brought forward. A stet can be reopened for any reason within one year and for good cause between one and three years. The Defendant gives up his or her right to a speedy trial. There are usually conditions to the stet such as the Defendant must stay out of trouble or do community service. If the Defendant complies with the conditions of the stet, the case will never be brought forward.

You may plead guilty which will almost always result in a conviction. If you are convicted, the judge has the discretion to offer you probation before judgment. This means that the judge strikes the conviction and removes it from your record. A probation before judgment can be expunged after three years in most cases with the notable exception being a DUI.

You can have a trial and get an acquittal. If you are acquitted, you have been found not guilty and can get your record expunged immediately.

There are many possibilities in criminal cases and some counties even have diversion programs for certain kinds of charges. You should reach out to an attorney if you have any questions.

Reopening a Paid Traffic Ticket

Wed, 14 Sep 2022 09:54:07 GMT

An attorney may be able to reopen a paid traffic ticket

It happens all the time. You get a speeding ticket and you just decide to go ahead and pay it. You are not happy about the fine, but you can live with it.

The consequences come later. Your insurance company notifies you that they are raising your rates. Your employer states that you can no longer drive company vehicles or even fire you. Your CDL is impacted by the ticket. Any time you pay a ticket it constitutes a guilty finding as if you were convicted in court.

People do not realize that there is a way in many cases to reopen these convictions and get a court date. An attorney can file a motion to reopen the ticket and have the case set in for a trial or waiver hearing. These motions are often granted. The odds are much better if it is a recent traffic ticket as opposed to an older one.

If your attorney is able to get a court date, you have a chance at an acquittal if the police officer does not appear or there other defenses. Even if you are convicted, the judge can modify the conviction to probation before judgment or reduce the charge to lower the points.

Contact counsel right away if you have paid a moving violation to explore your options. It is not too late.

PIP Insurance and Why You Should Add It

Tue, 06 Sep 2022 09:47:28 GMT

PIP coverage will provide prompt payment of medical bills and lost wages

PIP stands for "Personal Injury Protection." It is an optional coverage on your motor vehicle insurance policy that covers medical bills, lost wages, and loss of household services regardless of who is at fault. The minimum PIP limit is $2,500.00 and the premium to add PIP coverage is not expensive. Some people carry $5,000.00 or $10,000.00 in PIP.

PIP used to be mandatory in Maryland. At some point, the legislature decided to make PIP waivable. This means that if you sign a waiver, you can opt out of PIP coverage. In fact, the waiver will extend to anyone in your household who is 16 or older. If you do not sign a waiver, you automatically have PIP coverage. Anyone under 16 cannot waive PIP and can make a claim.

PIP insurance is important particularly for people that do not have health insurance or sick leave. PIP covers medical bills at 100% and will pay your medical bills promptly within 30 days. It covers lost wages at 85%, but there are no taxes deducted from this amount. You will need a lost wage verification letter from your employer and a disability slip from your doctor.

Even if the accident was not your fault, the other insurance company will not pay your medical bills or lost wages. They will wait until you have finished treatment and then attempt to settle the case. If the case does not settle and ends up in litigation, it may be a long time before you see any money. Many times the hospital will not wait to be paid. Moreover, the other insurance company does not get an offset for any money paid by PIP and you will net more money from your settlement.

Check your policy to see if you carry PIP coverage. If you do not, you should consider adding it.

The Impact of a DUI on Your License

Wed, 31 Aug 2022 09:42:59 GMT

A DUI can lead to a suspension of your license if you do not act quickly

No one intends to get a DUI. When it happens, the individual is given a ton of paperwork that is confusing, overwhelming, and that gives him or her a limited time to take action.

The Motor Vehicle Administration will suspend the driver's license for a refusal to take a breathalyzer test 270 days for a first offense and two years for a second offense. The MVA will suspend the motorist's license for 180 days if they blow .08 or above. The suspension begins the 46th day after the offense if no action is taken by the motorist.

There are actions that can be taken. The driver can file for a hearing before the Office of Administrative Hearings within 30 days. This will stay the suspension if the request is filed within 10 days although in practice the MVA will usually stay the suspension even if filed between 11 and 30 days. At the hearing, the judge is limited is what he or she can do. If you refused the test or blew .15 or above and the judge finds that action must be taken against your license, you are limited to the ignition interlock for one year or serving the suspension. Your hope is that your lawyer can find a technical defense to get a "no action" if the police officer did not comply with the law.

If you blew between .08 and .14, then the judge can modify the suspension to allow you to drive to and from work, for work, to medical appointments, and for other specific reasons. In such cases, you should file for a hearing to avoid the interlock.

In any case, a judge can modify the interlock, if ordered, to allow you to drive a company vehicle without the interlock. You will need to prove your need to drive a company car.

Another option is to requesting the interlock for one year in lieu of going to a hearing. In summation, the deadline to file for an administrative is short. If you have been charged with a DUI, you should contact an attorney immediately.

Insurance Coverage in Maryland

Thu, 25 Aug 2022 09:36:36 GMT

Check your insurance coverage limits to make sure you are protected

Over the past 34 years, I have seen countless people injured in motor vehicle accidents who had insufficient insurance coverage. As a result, they recovered far less money than they otherwise would have. I have also seen people cause accidents with inadequate insurance leaving themselves personally liable. It is important for everybody to make sure they have sufficient insurance.

In Maryland, the minimal limits of insurance are rather low. Every driver in Maryland must carry bodily injury and uninsured motorist limits of at least $30,000 per person/$60,000 per occurrence/$15,000 for property damage. Bodily injury coverage applies if you strike someone else's vehicle. Uninsured motorist coverage applies if an uninsured or underinsured driver hits your vehicle. This is not much money.

Many people carry the minimal limits. This means if you carry minimal limits and are struck by an uninsured drunk driver, your maximum insurance coverage is $30,000 for a bodily injury claim. This is not much if you are going to need lengthy treatment for a serious injury. In addition, if you were driving an expensive car, your property damage coverage is limited to only $15,000 if you did not carry collision coverage which is a problem if the cost of repair exceeds that amount.

Speaking of collision coverage, too many people try to save a few dollars by not carrying collision or comprehensive coverage. If an accident happens that was your fault and you do not have collision coverage, then you are on your own to get your car fixed as well as to pay for storage costs and rental care fees.

It is important to reevaluate your insurance situation. It is not expensive to increase your bodily injury and uninsured motorist limits. Do not wait until it is too late.

Expungement

Thu, 18 Aug 2022 09:25:05 GMT

Getting your record expunged is easy and inexpensive

There was a time when very few criminal convictions could be expunged. A criminal conviction was like a scarlet letter which followed you for the rest of your life. It made it difficult or next to impossible to find a job or apartment for many people.

Over the last 10 years, the legislature and has focused on expanding the types of crimes that can be expunged to give people a second chance. There are many good people that made a mistake decades ago that can now get their record cleared.

The law now allows cases that are no longer crimes, such as possession of marijuana, to be expunged. After a waiting period, convictions for burglary, second degree assault, possession with an intent to distribute, possession of CDS, theft, violation of a Peace Order, failure to pay the fare on a bus or train, and many others can be expunged. You can get a probation before judgment expunged in most cases (with the notable exception of DUI's). Even civil citations can be expunged. If you were acquitted or the charges were dropped or a stet was entered, you should still get your record expunged.

You must qualify for expungement and there are certain criteria must be met. Contact an attorney if you have questions.

Trial, Waiver Hearing or Pay the Citation

sscherr39@verizon.net (Scott Scherr) — Tue, 16 Aug 2022 17:56:25 GMT

What should you do if you get a traffic ticket in Maryland?

Under Maryland law, you have 30 days to request a trial, a waiver hearing, or pay the citation for a routine traffic ticket. (If any of the citations are a "must appear" offense, you will receive a trial date automatically). If you fail to do any of these, your driver's license will be suspended until you pay the citation. Therefore, do not ignore the tickets.

The first thing that you should do is determine if the ticket carries points. All moving violations carry points which usually affect your insurance premiums. Nobody wants their automobile premiums to increase so it is usually a bad idea to pay a moving violation. Moreover, accumulating too many points can lead to a driver's license suspension or revocation by the Motor Vehicle Administration.

The difference between a request for a trial and a waiver hearing is that a trial requires the police officer to appear. If the police officer fails to appear, you should be acquitted unless it was an accident and witnesses appear. A waiver hearing excuses the police officer from appearing and you admit your guilt. The only issue is sentencing where you can ask for leniency.

It is always better to request a trial and not a waiver hearing. If the police officer does not appear, you should be acquitted. There is no downside to requesting a trial. If the police officer appears and you do not have any defenses, you can still ask for probation before judgment to avoid the points.