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Eleven years after the Honorable Edwin Collier spares repeat offender for driving under the influence for two DUI(s) within three months, he veers into the Judge's lane of travel and strikes his vehicle head on.  Judge Collier and his wife, Ellen was driving in Gaithersburg when the head on collision occurred.  Judge Collier suffered a broken leg and fractured ribs, and his wife, Ellen suffered a compound leg fracture, fractured hip, fractured ribs and a neck injury.  It was determined that the repeat offender, Rene E. Fernandez who was tested after the accident, had more than two times the legal limit of alcohol in his system.

According to Montgomery County Circuit Court records, Mr. Fernandez was to plead guilty to one count of causing a life threatening injury, while intoxicated.  The remaining charges would be dropped according to a plea agreement.  The sentencing guidelines call for up to two years in prison. Mr. Fernandez is presently awaiting disposition from the Circuit Court for Montgomery County.

Judge Collier and his wife, Ellen were forced to move from their Bethesda home to a retirement community due to diminished mobility caused by Mr. Fernandez.

If you, a family member or someone you know has been involved in an automobile accident involving a drunk driver or you need more information on automobile accidents or drunk driving laws, please visit us on the web at http://www.portnerandshure.com or contact one of our experienced personal injury lawyers or DUI lawyers for a free consultation.  

Maryland lawmakers are considering following the lead of 12 other states which held that a first conviction for DUI results in mandatory use of an ignition breathalyzer. The proposed legislation faces fierce opposition from the American Beverage Institute. The restaurant trade association supports requiring the devices for repeat offenders, but believes it should be a judicial decision for first-time.

These breathalyzers, called ignition interlock devices, will not let the engine start until the driver breathes into a device. These devices are seen by advocates as an effective tool against drunk driving. The belief is that punishment does not work as evidenced by the high recidivism rate. Furthermore, most judges believe that someone who gets caught driving drunk has escaped detection many times.

Federal data compiled years ago showed that 25,120 Maryland drivers had three or more drunken-driving convictions, almost 4,000 had five or more and nearly 70 had more than 10. In the District, 34 drivers had more than three convictions.

If you, a family member or someone you know has been convicted of driving under the influence or if you would like more information on automobile accidents, please visit us on the web at http://portnerandshure.com

An officer can find countless reasons to make a legal traffic stop. The law, however, does restrict the officer's right to search the vehicle. One exception to the search restrictions is whatever the officer sees in his "plain view." In other words, the officer can peak in the car and if he suspects any criminal activity the officer can then search the vehicle further. This occurs frequently in drug cases. For example, a man was just arrested after a deputy saw suspected marijuana in his vehicle during a traffic stop on Mount Zion Road in Frederick County, Maryland. After seeing what he suspected was marijuana, deputies searched the vehicle and found smoking devices. The driver was charged with possession of marijuana and paraphernalia.

If you, a family member or someone you know has been charged with possession of a drug or if you would like more information on car accidents, please visit us on the web at http://portnerandshure.com

Serious criminal charges, like robbery, bring serious sentences with years of possible jail time. Consequently, defendants under 18 often ask that their charges be moved to Juvenile Court. The decision to transfer is often up to the Judge. The request can be made up until the defendants 18^th birthday. Obviously, juvenile sentences are far more lenient that adult sentences, so this is often a worthwhile tactic.

Such as a case in a recent robbery charge in Frederick County, Maryland. Kevin Concalves, an alleged gang member, is charges with the robbery of Philly's Cheesesteak Factory on Urbana Pike, and the Kerrigans Corner Deli in Point of Rocks. Goncalves was 17 at the time of the incidents so he has requested his case be heard in Juvenile Court.

If you, a family member, or someone you know is being charges with robbery or if you would like more information on car accidents please visit us on the web at http://portnerandshure.com

On January 19, 2010 while on patrol on westbound I-70, east of Maryland Route 85 in Frederick County, Maryland, a state trooper saw two people in a Nissan Maxima who were not wearing their seat belts. The officer stopped the car and smelled marijuana. Even though the original stop was just for a seat belt violation, under these circumstances the law allows the officer to search the driver and the passenger for suspected drugs. This is called a search incident to arrest. A search of the passenger uncovered marijuana in his pocket. Next the officer arrested the passenger and then had the right to search the car. A search of the car revealed two pounds of marijuana in two zip lock bags inside a duffle bag. Wear your seat belts.

If you, a family member, or someone you know has been charged with a crime or if you would like more information on car accidents, please visit us on the web at http://www.portnerandshure.com

Defendants are often released from jail, or given suspended jail time and placed on probation to the Court. When they are given the terms of the probation, they are instructed if they violate any of those terms they may receive all the underlying jail time. The penalties for a violation often depend on how the Judge who did the underlying sentence views a violation. Many judges automatically impose the underlying jail time because they view probation itself as a second chance.

An example of a harsh sentence for a violation is reflected in a recent case rendered by Judge Tisdale in the Circuit Court of Frederick County. In 2006, Colin Johnson stabbed his girlfriend. He was found guilty of first degree assault and sentenced to serve 5 years of a 20 year sentence. After being released, the defendant sent a text message to the victim. The text was not threatening or inflammatory. In fact, it read "sorry about all this. Call me when you get a chance." The victim and the defendant had a child together. Nevertheless, the Court imposed the entire fifteen years for the violation.

If you, a family member, or someone you know has been accused of violating probation or if you would like more information on car accidents, please visit us on the web at http://www.portnerandshure.com 

The Maryland Court of Appeals www.courts.state.md.us/coappeals/index.html recently took a look at what is an interrogation for purposes of a suspects right to a Miranda warning. The law in this area states that if a person is being held for an interrogation he must be read his Miranda rights.

In Prioleau vs. State, CA No. 40 Sept. Term 2008, the Court held that a police officer did not violate a suspect's Miranda rights by asking him "what's up". Specifically, the Court held that it was not reasonable to expect the words "what's up" to elicit an incriminating response. As a result, it was not necessary to read the defendant his Miranda rights.

In an era when most headline news is bad, or tabloid trash, new statistics concerning drunk driving in Maryland is encouraging. Deaths from drunk driving fell in Maryland last year. In fact, the state is now among the 10 with the lowest rate of fatalities, according to the National Traffic Safety Administration www.nhtsa.dot.gov.

The raw numbers reveal deaths in 2007 were 178 and last year were 152. Marylands fatality rate declined 12.5 percent surpassing the nationwide decrease of 7 percent. Reasons for the decline Include: (1) increase education on this danger (education is focused heavily on males ages 20 to 34 since they are the highest risk group); (2) stepped up enforcement (60,000 motorists were stopped at check points last year); (3) alcohol treatment; and (4) more vigilant Judges (more Judges have imposed interlock devices for repeat offenders)

The figures were released to kick-off a nationwide crackdown on drunken driving over the holiday season. Alcohol impairment accounts for about one-third of highway deaths in the United States. In contrast in Maryland last year, just 26% of the 591 deaths were alcohol related.

On October 1st, the City of Baltimore installed new speed cameras in 51 locations city wide.  Vehicles caught exceeding the speed limit by 12 miles per hour or more will be sent warning notices for the first full month after installation of the speed cameras.  On November 1st, violators will be issued speeding tickets accompanied by $40 fines.  People receiving tickets will not be at risk of having points issued against their licenses, and will have the right to request a hearing in the Baltimore City District Court. 

The trend toward the use of cameras to enforce traffic laws has gained momentum in Maryland over the past several years.  Red light cameras have been installed in a number of locations across the state for quite some time.  Speed cameras have been in use in Montgomerty County since 2007.  Like Baltimore City, Baltimore and Frederick Counties installed speed cameras on October 1st. 

Proponents for the use of cameras in enforcing traffic laws argue that the measures are necessary to improve public safety.  The overall results of the red light camera program have yielded a steady decline in violations in locations where the cameras are installed.  However, the reason for the drop in tickets issued for red light violations may be a result of drivers learning of and avoiding intersections where cameras are present.  The more plausible and likely explanation for the installation of red light and speed cameras is the potential to generate new revenue.  Baltimore City expects to collect $7.1 million in fines in 2010 from the newly installed speed cameras.  Fines from the speed cameras used in Montgomery County have generated $18 million in fines since 2007. 

I am opposed to the use of cameras in enforcement of traffic laws because it appears to lessen the burden of proof needed to assess penalties.  The evidence used in all traffic camera cases are photographs of a person's car committing a traffic violation.  The person that ultimately is punished in these cases is the owner of the vehicle.  My issue with this process is that car owners are issued fines without any evidence that they personally were operating their vehicle at the time of the violation.  The violator could be any number of people who are driving the vehicle with the permission of the car owner.  In many cases, a car owner can essentially be punished for violations that they did not commit, and I believe that is manifestly unjust. 

If you have been issued a traffic citation for any reason and believe that the charges against you are erroneous, contact us at www.portnerandshure.com.  Our attorneys have many years of experience practicing in Maryland, Virginia and Texas, and believe in providing aggressive representation to all of their clients. 

 

Starting October 1st, the State of Maryland will begin to impose new penalties against DUI and underage drinking offenders. 

The new DUI penalties are aimed at levying heavier punishment against repeat drunk driving offenders.  Specifically, any individual who is convicted of driving while impaired for a second time within a period of 5 years will be subjected to a mandatory 1 year suspension of their license.  The legislature has also increased what is referred to as the 'look back' period for repeat offenders.  In the past, Maryland Courts would consider a jail sentence in lieu of probation for any offender who had a prior DUI conviction over the past 5 years.  Under the new legislation, however, the 'look back' period has extended review for a prior DUI conviction to the past 10 years.

The State legislature has also imposed new penalties for violators of underage drinking laws.  The heaviest penalties under the new laws are saved for those who supply alcohol to individuals under the age of 21.  People convicted of unlawfully supplying alcohol to minors under the age of 21 will face a possible fine of up to $2,500.  Minors convicted of consuming alcohol when under the age of 21 face a possible fine of up to $500.

Those that have been charged with a DUI or underage drinking offense need to be aware that a more serious punishment awaits them if convicted.  The law firm of Portner & Shure has experience in Maryland, Virginia and Texas and can help if you have been charged with an alcohol-related offense.  If you have been charged with an alcohol-related offense and are looking for a free consultation, please visit us at www.portnerandshure.com.