If you missed your scheduled Maryland MVA hearing, the MVA will automatically impose the suspension or other action you were contesting — that is the default for a failure to appear. But you may not be out of options. If you had just cause for missing it, you can submit a written request to reschedule Read More
Maryland’s New Criminally Negligent Traffic Law
What is Maryland new criminally negligent traffic law? On October 1, 2011, the legislature created the new crime of criminally negligent manslaughter. The crime is a misdemeanor, which carries a maxium penalty of 3 years. The law requires that the defendant’s criminally negligent driving caused the death of another. Criminally negligent driving requires more than simple negligence but less Read More
What You Should Know About The New Maryland Cell Phone Law
In case you haven’t heard, Maryland has changed the rules for cell phone use. Here’s what you need to know: 1. The law is now a primary offense. This means that you can be pulled over just for texting while driving. Prior to October 1, 2011, the law was a secondary offense, which means the police Read More
Do I Need A Lawyer For My Maryland MVA Hearing?
You are not required to have a lawyer for a Maryland MVA hearing — you can represent yourself, and the Office of Administrative Hearings (OAH) even publishes guides and a video for doing so. Whether you should depends on what is at stake. These hearings are held before an administrative law judge at the OAH; Read More
FAQ: My Maryland DUI case was dropped, can the MVA still suspend my license?
Yes — in Maryland, the MVA can suspend your license even if your DUI charge is dropped or dismissed. The action against your license runs under Md. Code, Transp. § 16-205.1 and is separate and independent from the criminal case in court. It is triggered by your breath-test result or test refusal at the time Read More
Maryland DUI and CDLs (Commercial Driver’s Licenses)
Quick answer: A DUI disqualifies a Maryland CDL for 1 year — 3 years on placarded hazardous material, life for a second major offense from a separate incident. It applies whether you were in the truck or in your own car on a day off, a test refusal counts the same, and there is no Read More
Paying the Price, Pt 1: Maryland DUI Fines
Maryland DUI and DWI convictions carry many penalties. In addition to possible jail time and a license suspension, large fines may be imposed. Here’s a list of the latest fines for a Maryland DUI and DWI caes. In many instances, judges will allow the Defendant more time or allow that the fines be paid over the Read More
Walking The Line: The Walk and Turn Test
What is the Walk-and-Turn test? Along with the Horizontal Gaze Nystagmus and One-Leg Stand test, the Walk-and-Turn is a Field Sobriety Test police use to determine intoxication. If you are stopped in Maryland for a DUI, the officer will most certainly conduct this test. The officer will direct you to walk a straight line, heel-to-toe, in nine steps counting each step out Read More
Don’t Sway, Don’t Hop, its the One Leg Stand
What is the One Leg Stand test? This is another of the three Field Sobriety Tests police use to determine intoxication. If you are pulled over for a Maryland DUI, the officer will likely conduct this test. The officer will direct you to raise one leg in the air 6-12 inches straight at the knee with the toes pointing Read More
Follow This Pen: The Basics of The HGN Test in Maryland
Quick answer: The HGN test is the “follow my pen” eye test — an officer moves a stimulus and watches for involuntary jerking that alcohol can exaggerate. In Maryland, how it gets used is the key: under State v. Blackwell, HGN is expert testimony, and a judge can only let a jury hear it after Read More