Reasons a Maryland DUI Attorney Would Suggest a Jury Trial A criminal defense lawyer may suggest a jury trial in counties that have favorable juries because they believe there is a good chance of getting a favorable outcome.
about four to six weeksUsually, that court date is about four to six weeks after the arrest. Sometimes, it is as little as three weeks after the arrest. In other cases, it can be as long as ten weeks after the arrest.
A first-time DUI in Maryland carries a penalty of up to one year in jail and $1000 in fines. If a minor was in the vehicle at the time, a first-time DUI could result in a doubled penalty of two years in jail and $2000 in fines.
Maryland DUI Defense OptionsChallenge the Stop– In order to pull you over for suspicion of driving under the influence, the police must have probable cause. ... Challenge the Breath Test Results– If your breath test results are the main evidence against you we can challenge the validity of them.More items...
If you are convicted of Driving Under the Influence of Alcohol (DUI): For a first offense, you face up to a $1,000 fine and up to one year in jail. Twelve (12) points will be assessed on your driving record and your license may be revoked for up to six (6) months.
Under Maryland drunk driving laws, motorists who register a blood alcohol concentration (BAC) of 0.07% or higher will be charged with driving while impaired (DWI). An individual with a BAC of 0.08% or higher with be charged with driving under the influence (DUI). As such, DUI charges are the more serious of the two.
Drunk-driving offenses are misdemeanor crimes in Maryland. If a person is found guilty of a DWI or DUI, he or she faces a hefty fine and jail time.Jan 18, 2022
Motion to Dismiss a DUI in MarylandLack of probable cause to arrest the client.Not providing proper discovery.Not having been brought the case within the statute of limitations for DUI cases.Other procedural issues.
Police officers often tell people that the results of the Portable Breath Test cannot be used against them in court. This is essentially true; however, the officer is allowed to use the result of the PBT to decide whether or not they have probable cause to arrest the suspect. A person does not have to blow into a PBT.
Your Maryland driver's license will earn points and could be suspended or restricted after an alcohol-related conviction as well. While alcohol-related offenses cannot be removed from the driving record, the points expire after two years.
Under Maryland law, probation before judgment (PBJ) refers to a defendant being placed on probation before a judgment has been entered in their case. This means that the individual has not been found guilty of the crime with which they have been charged.
12 pointsIt depends on your case, but generally speaking the MVA designates 12 points for a DUI and 8 points for a DWI unless you get a probation before judgment. You may be surprised to learn that most first time DUI offenders do not get any points on their driving record, because they receive a probation before judgment.
Why should I pay for a Maryland DUI lawyer? Can’t I represent myself for a first time DUI in Maryland?
My family’s lawyer quoted me $500 for my first time Maryland DUI, why shouldn’t I hire him/her?
My friend got a Maryland DUI, and he said that a first time Maryland DUI offender is guaranteed a PBJ?
There is no bright-line rule for first time Maryland DUI offenses. The bottom line is that you should find yourself a Maryland DUI lawyer. One who has experience both prosecuting and defending hundreds of Maryland DUI cases.
While a person may assume a DUI charge could only be resolved through a trial, this is not always the case. Individuals that need assistance with determining whether a Maryland DUI case will go to trial are recommended to consult an accomplished defense attorney. Skilled legal counsel could help you build your defense case and navigate the legal system.
Maryland’s criminal circuit court is reserved for serious felonies and for hearing de novo appeals from District courts. The appeal is hence treated as a brand new case that has not been heard at the district court level. The state has the burden of proof. Since Maryland District courts do not have juries, every case is heard before a judge.
While circuit court and district judges are both elected at the county level, circuit court judges typically have more experience. It is very common for a district court judge to run for circuit court after gaining some experience as a judge at the district level. The differences between both types of Maryland judges may be crucial information that a person could consider when determining whether their case will go to trial.
Call a tenacious attorney before determining whether a Maryland DUI case will go to trial. Your lawyer could answer any legal questions you may have and could explain your rights.
A DUI case in Montgomery may go to trial if the defense attorney makes a determination that the state does not have sufficient proof to move forward with the alleged charges after evaluating the case and having discussions with the accused.
The district court in Montgomery County hears all misdemeanor cases and, in some cases, felony cases. While Misdemeanor cases are usually heard at this level, this occasionally varies. DUIs are treated extremely seriously despite the fact that they are misdemeanor charges.
The circuit court usually hears felony cases. The most serious felony cases include murder, rape, armed robbery, and other offenses of a similar nature.
Cases could be resolved before trial through negotiation with the prosecution. Typically, prosecutors make offers for resolution with defense attorneys. The defendant and their legal counsel may then determine whether the offer is in the best interest of the accused based on the evidence and information the state presented.
A person with a DUI case should prepare for their trial by consulting with an attorney who has expertise in handling such cases. The individual should follow the instructions of the defense lawyer regarding:
Court decorum refers to the appropriate behavior and appearance in a courtroom. It includes how to properly address the judge, how to dress for the court appearance, and also the proper procedures for responding to questions presented by the defense attorney and the prosecutor.
The most important thing a person should do when they arrive at the courthouse on the day of their trial is to ensure that their attorney knows they are present. The individual should also check into the proper courtroom to let the clerk know they are present.
Following a DUI arrest, an individual faces a DUI trial. What they might not realize is that there are two different types of Maryland DUI trials, bench trials, and jury trials. The accused is allowed to choose whether they want to a jury trial or a bench trial, but it is helpful to consult their DUI lawyer before making a decision. If a person is currently facing a DUI trial, they should get in touch with a skilled attorney that could help them decide which type of trial best suits their case, and advocate for them.
The main difference between the two types of Maryland DUI trials is the location. A bench trial can take place at both district and circuit courts and that is where a judge would sit in both fact and law. They can rule on objections, and then they listen to all the facts presented by the evidence, be it spoken, by report, video, or forensics. They would come to a decision based on the facts presented.
They should seek counsel. That is the most important thing an individual can do to prepare for an MVA hearing because people who are charged with DUI have no contact or experience with the criminal justice system or the administrative suspension system. It’s very important to have somebody who understands that system look at the case, look at the paperwork, and talk to the person about what happened so that they can figure out what their options are.
A simple modification hearing in which an individual is asking for a work permit typically takes about 20 minutes. A case in which an individual is trying to challenge the actual suspension can take anywhere from 20 minutes to about an hour. Occasionally, those hearings are continued.
An MVA hearing is generally much more straightforward than a court case. There is no State’s Attorney or prosecutor and there is no police officer. It’s just the accused drunk driver, their attorney, and the administrative law judge in the administrative law judge’s office.
Scheduling an MVA Hearing. Yes. An individual who gets arrested for DUI has ten days to request an administrative hearing if they want their temporary license extended until the date of the hearing. The absolute deadline for requesting a hearing is 30 days from the date of the incident, so that’s the big deadline in a DUI case.
What Happens After Your Second DUI in Maryland? When you get a second DUI in Maryland, the state can use subsequent offender penalties to increase the consequences you will face. The maximum penalty you can receive for a second DUI is a $2,000 fine, up to two years in jail and a one-year suspension of your license.
It is illegal to drive under the influence of drugs or alcohol in every state, and Maryland is no different. There are serious penalties if you get one DUI charge, but if you get a second DUI in Maryland, the penalties can increase significantly.
Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.