Archives for September 2020

Implied Consent and Drunk Driving in Maryland

Compelling a Breath or Blood Test Without a Warrant

Implied Consent and Drunk Driving in MarylandAs a general rule, you cannot be subjected to a search or seizure without a warrant, as set forth in the 4th Amendment to the U.S. Constitution. There are, however, certain situations where a police officer may do just that, provided there are reasonable grounds to believe that a law has been or is being violated. One such situation occurs when a police officer reasonably suspects a person of driving while impaired by alcohol or drugs.

Under the implied consent laws in force in Maryland, when you operate a motor vehicle on public roads or private property used by the public, you agree to submit to a drug or alcohol test in the event you’re stopped for suspicion of driving under the influence of drugs or alcohol. There is no requirement that you agree, verbally or in writing, to take the test. The officer cannot compel you to take a blood or breath test, but if you do, your license can be suspended for up to 270 days, and you can face fines, as well as incarceration. Furthermore, unlike many other states, if you refuse to take the test, that refusal can be introduced as evidence at your criminal trial.

Experienced Baltimore County DUI Defense Attorney

Attorney Jonathan Scott Smith has fought for criminal defendants in Baltimore and across Maryland for nearly four decades. The American Lawyer magazine has named him a Top-Rated Lawyer, and his peers in the legal profession consistently give him an AV rating, the highest possible. He has received AVVO’s prestigious Client’s Choice Award, with a 5-star average rating(the highest possible) for all client reviews. A longtime Maryland SuperLawyer, Smith has a perfect 10.0 (Superb)rating from AVVO as a litigator.

Jonathan Scott Smith takes an aggressive approach to the defense of drunk driving and other criminal matters, providing comprehensive legal counsel throughout the prosecution process, from investigation to arraignment to trial, if necessary. He’s a proven trial attorney with extensive experience obtaining positive results in court. He’ll work hard to gather and preserve evidence in your defense and present the most persuasive arguments for your acquittal.

Prince George’s County Criminal Defense Lawyer

Contact experienced Maryland criminal defense attorney Jonathan Scott Smith by email or call us at 410-740-0101 to set up an appointment. We handle DUI/DWI prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Possession of Drugs in Maryland

What Constitutes Possession | The Treatment of Marijuana Under Maryland Law

Contribute-to-Causing-Your-InjuriesThough Maryland has “decriminalized” the possession of marijuana, the state still takes a strong stance against the possession of so-called “hard drugs,” such as heroin and methamphetamines. Possession of small amounts of marijuana (less than 10 grams) is now a civil offense, rather than a criminal offense, and is treated much like a moving violation. The possession of other illegal drugs, however, can result in significant fines and incarceration.

The Definition of Possession

In Maryland, a person may not “possess or administer” a controlled dangerous substance unless it has been secured with a prescription or from an authorized provider. Maryland law also specifically criminalizes procuring drugs through fraud, deceit, or misrepresentation. The possession of any controlled substances (other than marijuana) is considered a misdemeanor in Maryland, with a potential penalty of up to four years and fines up to $25,000. Possession of excessive amounts also can lead to a charge of possession with intent to distribute, which can carry significantly harsher penalties.

Experienced Baltimore Criminal Defense Lawyer

Attorney Jonathan Scott Smith has provided aggressive advocacy to people in Baltimore County and across Maryland for nearly four decades, including individualsfacing prosecution for drug offenses. Named a Top-Rated Lawyer by The American Lawyer magazine, he is also respected by his peers in the legal profession, who have consistently given him an AV-rating, the highest rating possible. He has been the recipient of AVVO’s prestigious Client’s Choice Award, with an average of 5 stars(the highest rating possible) in his client reviews. A longtime Maryland SuperLawyer, he also has a perfect 10.0 (Superb) rating as a litigator from AVVO.

Attorney Smith fights for men and women facing criminal prosecution, zealously representing clients throughout the legal process, from investigation, arrest, and arraignment to trial. He’ll conduct a thorough investigation of your case, ensuring that law enforcement officers legally obtained all evidence, and that you were madeaware of your constitutional rights. An effective trial attorney, he knows how to make compelling arguments in your defense before a judge and jury.

Maryland Criminal Defense Attorney

If you have suffered needless injury in Maryland because of the wrongful acts of another person, Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland


  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101