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Inaccurate Breath Tests in a DUI/DWI

August 29, 2011 by

breath-test
The results of a breathalyzer test are often considered the strongest evidence a prosecutor has against a defendant in a drunk driving case. However, there are numerous situations in which a breathalyzer gives inaccurate readings. In fact, recent news articles make a good case that breath-testing machines may not provide reliable results.

A significant problem with many breath – testing machines is that they not only detect the chemical compound found in alcoholic beverages (ethyl alcohol) but other chemicals similar in molecular structure. At any given time, more than 100 compounds can be detected in human breath, a majority of which can be incorrectly identified as ethyl alcohol. For example, certain medications, artificial sweeteners and even exposure to paint fumes can cause false positives.

Other circumstances that can give inaccurate readings include:

  • Improperly administered tests
  • Improper calibration of the machine
  • Tests administered by untrained personnel
  • Unmaintained equipment
  • Medical conditions of the person being tested

Refusing a breath test

Should you refuse to submit to a breath test, the prosecution does have to compile other evidence to build a case against you. However, by refusing a breath test, law enforcement may infer that your refusal was based upon your belief that you were legally intoxicated. Further, by refusing a subsequent breath test at the police station you risk a driver’s suspension.

Regardless of the circumstances of your arrest, an experienced DUI attorney can provide sound legal advice. An experienced attorney can examine the evidence against you and help determine if the breath test was administered properly, and whether the results were accurate. Contact Jonathan Scott Smith online or call us at 410-740-0101 to discuss your DUI/DWI case.

Filed Under: Article, Drunk Driving, DUI, DWI Tagged With: , , , , , , , , , , , , , , , ,

The Importance of Motor Vehicle Administration (MVA) Hearings

July 25, 2011 by

If you have been arrested on a Maryland DUI/DWI you must act quickly to avoid losing your license. An experienced criminal law attorney can help you challenge an automatic license suspension through a Motor Vehicle Administration hearing.

The MVA Process

If you have been charged with a DUI/DWI, you have 10 days from the date of your arrest to request an MVA hearing to retain your driving privileges until the hearing date. If you fail to request an MVA hearing within that 10-day period, your driver’s license is automatically suspended. Although you may represent yourself at the MVA hearing, having an attorney knowledgeable in the license suspension process improves your chances of maintaining some or all of your driving privileges.

An administrative law judge (ALJ) conducts the hearing and reviews all the evidence against you from the arresting officer and hears testimony regarding your arrest. You are also allowed to present evidence and give testimony on your behalf. You may also present witnesses, who are subpoenaed to testify on your behalf.

After reviewing all the presented evidence, the ALJ makes a final decision on the following issues:

  • Was probable cause established by the arresting officer?
  • Was proper procedure followed by the arresting officer?
  • Did the defendant submit to or refuse a chemical test?

If the ALJ decides the evidence warrants your license suspension, then the license suspension is upheld. In the case of a suspension, you may be eligible for a restricted permit. If the ALJ decides in your favor, your license is reinstated.

If you have been charged with a DUI/DWI, you should retain an experienced attorney who understands the Maryland administrative hearing process. Contact Jonathan Scott Smith online or call us at 410-740-0101 to discuss your MVA hearing.

Filed Under: Drunk Driving, DUI, DWI, MVA Hearing Tagged With: , , , , , , , , , , , , , , , ,

Protective Order for Domestic Violence Overturned on Appeal

July 18, 2011 by

A protective order for domestic violence was entered by the District Court for Howard County against a 33 year old analyst after his estranged wife filed a petition requesting a restraining order based on alleged domestic violence and domestic assault. The husband appealed, knowing that he had done nothing wrong. Under Maryland law, an appeal is heard in the Circuit Court “de novo,” meaning a new trial as if the first one had never taken place. The client was represented by a different lawyer in the unsuccessful first trial, and knew he needed an experienced Howard County domestic violence lawyer for the appeal. That’s why he retained Jonathan Scott Smith, an aggressive former prosecutor with more than 30 years of courtroom experience with a track record of successful results.

Maryland family law permits a person to file a petition and obtain a protective order if there is clear and convincing evidence of “abuse.” Abuse means an act that causes serious bodily harm; an act that places a person in fear of imminent serious bodily harm; assault in any degree; rape or sexual offense; false imprisonment; and stalking. A court may grant a wide range of relief, including: an order to leave the home; an order not to abuse, contact, or harass; an order to stay away from the victim’s residence and work, and the children’s school and child care provider. In addition, the court may grant exclusive use and possession of the family home and vehicle, custody, child access, and emergency family maintenance.

In many cases, the protective order law is abused by people who want to end their marriage and manipulate the legal process to gain an unfair advantage in divorce and custody cases. In the current case, the wife acknowledged that she wanted out of the marriage. She filed for a protective order after leaving the family home, and admitted under cross examination that she not only wanted custody, but to have the child “all the time.”

The wife claimed a long history of alleged abuse and injuries. However, there wasn’t any corroborating evidence. Under extensive questioning by Mr. Smith, she admitted she had never been treated by a hospital or doctor; the police had never been called to the home; there weren’t any witnesses; and there weren’t any photographs of any injuries. In fact, the woman even admitted that she continued living with her husband and sleeping in the same bed after the last alleged incident of abuse. Her claims were also contradicted by testimony she had given earlier, and even by her own petition signed under oath.

The case was heard in the Circuit Court for Howard County. After hours of testimony and argument, the judge concluded that there wasn’t clear and convincing evidence of domestic violence and denied the protective order.

If you or a loved one are falsely accused of domestic violence or domestic assault, and someone is seeking a restraining order or protective order, call Jonathan Scott Smith now 410-740-0101 or contact his office online for immediate help.

Filed Under: Domestic Assault, Domestic Violence, domestic violence attorney, domestic violence lawyer, Peace Order, Restraining Order

Man Cleared of Repeat DUI Offender Charges

July 7, 2011 by

Man Faced Repeat DUI Offender Charges

A 28 year old owner and manager of an entertainment business was stopped for speeding on Route 29 in Howard County. The police officer smelled a moderate odor of alcohol and asked the driver to perform Standard Field Sobriety Tests. The  driver knew he wasn’t drunk and refused to perform the field tests. The police officer arrested him and then asked the man to submit to a breathalyzer, which he also refused because he didn’t think there was adequate probable cause for the arrest.

Being arrested and charged with DUI is frightening enough, but being charged with a repeat drunk driving offense means you may not only lose your driver’s license, but go to jail. That’s why it’s so important to be represented by an experienced DUI lawyer. You need to know how to select an experienced and qualified DUI lawyer.

Repeat DUI Offender Charges Dismissed

The driver had been represented successfully in the past by Jonathan Scott Smith, an experienced DUI attorney in Columbia, Maryland, who has more than 30 years of successful experience. Knowing the stakes, he retained Mr. Smith to defend him again on the repeat DUI offender charges. Mr. Smith advised the client to refuse all plea bargain offers and present an aggressive defense. The case was heard in the District Court for Howard County, located in Ellicott City. Ultimately, the prosecutor realized that there was insufficient evidence of drunk driving and dismissed the repeat DUI offender charges.

Ellicott City and Columbia DUI Defense Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience, including DUI/DWI and drunk driving cases. Attorney Smith has handled thousands of DUI/DWI, drunk driving, and other criminal cases in the local courts, including Howard County. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in DUI/DWI, drunk driving, and other criminal cases — has earned him the recognition of the legal community, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense attorneys in Howard County.

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Contact Us

To schedule an appointment with an experienced DUI lawyer and criminal defense attorney, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Filed Under: criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, Drunk Driving, DUI, DWI

Resident Alien Avoids Deportation Based on Conviction for Domestic Violence

July 5, 2011 by

Deportation Based on Conviction for Domestic Violence

The federal immigration law provides that any alien is subject to deportation based on a conviction for domestic violence, i.e. if the alien has a conviction of “a crime of domestic violence.” The term “crime of domestic violence” means any crime of violence committed by a current or former spouse, a person who shares a child in common, or a cohabitant. The term “crime of violence” is defined broadly, and includes “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” Conviction also is broadly defined and includes a “formal judgment of guilt” even “if adjudication of guilt has been withheld.”

Criminal Lawyer Obtains Dismissal of Domestic Violence Charges against Woman

Many domestic violence arrests occur when spouses have an argument, some pushing or hitting occurs, police are called, and there is some evidence of injury, no matter how minor. For people who are not United States citizens, a conviction for domestic violence has catastrophic consequences because they will be subject to deportation.

Such was the case recently when a 41 year old computer scientist was arrested after a domestic dispute with her husband. The husband threw an object at his wife, striking her. When she understandably became upset, the husband physically restrained her. During the incident, the husband received small scratches and called police. Since the husband had evidence of minor injuries, the wife was arrested and charged with Second Degree Assault.

The wife retained Jonathan Scott Smith of the Smith Criminal Defense Firm. Mr. Smith, a Howard County criminal defense lawyer and former prosecutor with over 30 years of courtroom experience, understood the serious consequences of a conviction for domestic violence, including deportation. Mr. Smith handles domestic violence cases, and he undertook an aggressive defense. The case was heard in the District Court for Baltimore City. Fortunately, the prosecutor recognized that the husband was the one who initially committed an assault and dismissed the case. The wife avoided deportation based on conviction for domestic violence.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in domestic violence, domestic assault, and other criminal cases — has earned him the recognition of the legal community, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense attorneys in Howard County.

Contact Us

If you are a resident alien facing a criminal charge, including domestic violence, you need an experienced and aggressive criminal defense attorney and former prosecutor to fight for you. Call Mr. Smith now at 410-740-0101 or contact us online.

Filed Under: Assault, criminal defense lawyer, defense attorney, deportation, Domestic Assault, Domestic Violence

Maryland Senate Okays Use of Medical Marijuana, with a Caveat; Legislation heads to House of Delegates for Floor Vote

June 14, 2011 by

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The state of Maryland recently moved a few steps closer to giving medical marijuana patients an affirmative defense to criminal marijuana possession charges. In a landslide vote in late March, the state senate approved Senate Bill 308.

The legislation amends the 2003 Darrel Putnam Compassionate Act, a law that allows a defendant to invoke a medical necessity defense, but only to limit jail time. Under the Putnam legislation, qualified patients could still be convicted and have the misdemeanor conviction posted on their criminal record, but their maximum fine would be up to $100.

Under the proposed legislation, patients with “clear and convincing evidence” of their need to use medical marijuana cannot be found guilty nor fined $100. But, unlike in other states with medical marijuana statutes, patients in Maryland are not immune from arrest and prosecution. They must still defend their marijuana use in court.

Another aspect of SB 308 is that it does not include provisions regarding the growing of marijuana or purchasing of it in a dispensary. However, the proposed legislation does call for a study group to investigate more comprehensive medical marijuana use laws for 2012.

Meanwhile, the Maryland House of Delegates overwhelmingly passed HB 291 recently. That bill calls for the creation of an 18-member panel to advise the legislature on the best way to create a medical marijuana program in 2012.

Medical marijuana is permitted in 13 states and the District of Columbia. Other states, including Delaware and Connecticut, are currently considering legislation to allow its use under tightly controlled conditions. Such laws already exist in Rhode Island and New Jersey, where medical marijuana distribution centers were recently licensed by the state and are slated for opening later this year.

If you are charged with criminal marijuana possession charges, or need an experienced and aggressive criminal defense lawyer, contact us or call Jonathan Scott Smith now: 410-740-0101.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney Tagged With: , , , , ,

Security Specialist Cleared of Driving While Suspended

May 26, 2011 by

Driver Charged with Driving While Suspended

A 45-year old security specialist was charged with driving while license is suspended. The client, who had a high level security clearance, received a speeding ticket and failed to pay the ticket or appear in court on the scheduled trial date. He was later stopped and arrested for Driving While Suspended, after a Howard County police officer ran a routine check of his car’s registration plate.

What are the Penalties for Driving While Suspended in Maryland?

Most violations of Maryland’s traffic laws for driving while license suspended carry penalties of a fine up to $1,000.00 and imprisonment up to 1 year, or both. However, if the reason that the license was suspended was the driver’s failure to pay a citation or court fine, the penalties can be a fine up to $500.00 and imprisonment up to 2 months, or both.

Driver’s License Suspended for Failure to Pay Citation or Appear in Court

In many cases, drivers receive traffic citations and forget to pay them promptly, or appear in court when the ticket is scheduled for trial. When this happens, the Maryland Motor Vehicle Administration mails a notice of suspension, notifying the driver that his driver’s license will be suspended if the ticket isn’t paid within  15 days.

Sometimes drivers don’t receive the suspension notice from the MVA and they don’t know their license is suspended. Later, they are stopped for an unrelated reason, the police officer runs their name through the MVA computer, and they are arrested and charged with driving while suspended when the MVA record shows a suspended driver’s license. However, a driver cannot be convicted if the driver did not know that the driver’s license was suspended.

Driving While License Suspended Charges Dismissed

In this case, the security specialist had a history of misdeliveries by the post office and he didn’t know that his license was suspended. The client possessed a high level security clearance, and any conviction would have had a devastating impact on his employment. The client retained Jonathan Scott Smith, of the Smith Criminal Defense Firm, to defend against the charges. The case was heard in the District Court for Howard County. All charges were dismissed, and the client was relieved to know that this obstacle to his career was removed.

Top Rated Howard County, Columbia, and Ellicott City Traffic Ticket Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years ofextensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including cases involving driving while suspended and driving while license is suspended. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in driving while suspended and driving while license is suspended cases, and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, driving with suspended license, traffic charges

DUI Charges Dismissed for Violation of Speedy Trial

May 23, 2011 by

Driver Charged with DUI/DWI

A 30-year old grocery store employee was charged with DUI (driving under the influence of alcohol) in Maryland after being involved in a car accident. The accused was on probation for an earlier conviction for drunk driving.

Constitutional Right to Speedy Trial applies to DUI/DWI Charges

Both the United States Constitution and the Maryland Declaration of Rights entitle every person accused of a crime to a speedy trial. The right to a speedy trial also applies to DUI, DWI, and other drunk driving charges.

Court Dismisses DUI/DWI Charges for Violation of Speedy Trial

The case was postponed repeatedly over Mr. Smith’s objections and the clerk’s office failed to schedule a new trial date for months. The case finally was heard in the District Court for Howard County, located in Ellicott City. Mr. Smith, a top rated lawyer handling DUI cases, successfully convinced the judge that the client’s constitutional  right to a speedy trial was violated because of the inexcusable delays. All charges were dismissed.

Top Rated Howard County, Columbia, and Ellicott City Criminal Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years ofextensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including cases involving violations of a right to speedy trial. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in possession of marijuana and drug possession charges, and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

 

Filed Under: Criminal Defense, Drunk Driving, DUI, DWI

Woman Cleared of Violation of Protective Order

May 23, 2011 by

Criminal Charges Brought for Violation of Protective Order

A 31-year old mother was charged with Violation of Protective Order and Telephone Misuse after her estranged husband claimed she repeatedly called and texted him in violation of an existing order of protection sought by the husband. In many domestic violence and protective order cases, the party who sought the protection order prohibiting all contact later initiates emails, texts, or phone calls. Then, when the person subject to the protective order responds to the contacts, the “victim” seeks criminal charges for violation of protective order. This is an abuse of the legal process and subjects many innocent people to arrest, criminal prosecution, having to post bail, and legal fees for a criminal defense lawyer.

What are the Penalties for Violation of Protective Order in Maryland?

Judges treat violations of protective orders very seriously. A conviction is a misdemeanor. For a first offense, the court can impose a fine up to $1,000.00 and imprisonment up to 90 days, or both.  For a second or subsequent offense, the court can impose a fine up to $2,500.00 and imprisonment up to 1 year, or both.
Charges for Violation of Protective Order Dismissed

In this case, as in many others, telephone records revealed that it was the husband who repeatedly initiated telephone contact with wife, and then engaged in back and forth communications. The case was heard in the District Court for Howard County.  The wife was represented by Columbia criminal defense lawyer and domestic violence attorney Jonathan Scott Smith of the Smith Criminal Defense Firm. Mr. Smith, a former prosecutor, has extensive experience in criminal law. He believes in aggressively defending domestic violence cases. The client refused all plea bargain offers. The prosecutor, after losing another case to Mr. Smith,  dismissed all charges.

Howard County Criminal Defense Attorney

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including numerous violation of protective order charges. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Top Rated Columbia and Ellicott City Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in violation of protective order and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in violation of protective order, other criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Filed Under: Domestic Assault, Domestic Violence, Restraining Order Tagged With: , , , ,

Outgoing Head of U.S. Federal Prisons Charged with DUI in Maryland

May 13, 2011 by

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The soon-to-be former head of the U.S. Federal Prisons recently issued a shame-filled apology for his embarrassing DUI arrest in February. According to an Anne Arundel County police report, Harley Lappin, 55, was pulled over February 26 after an officer spotted him nearly swerve into two vehicles. The report further reported that Lappin’s eyes were bloodshot, his speech was slurred, his breath smelled of alcohol, and he was unable to walk a straight line or keep his balance on one foot during sobriety tests. He had been driving near his Annapolis home in the wee hours of the morning.

Lappin was charged with three counts related to drunk driving and one count each of reckless driving, negligent driving and failing to obey a traffic control device. Following his arrest, Lappin submitted to a breath test. His blood-alcohol content registered .12; the legal limit to drive in Maryland is .08. His case is set for trial June 16 in Annapolis District Court.

Lappin’s February arrest only came to light when he issued a formal apology to his staff on Tuesday, March 29. He made no mention of his DUI arrest when he had initially announced his intention to retire from his job March 25.

Lappin has run the federal prisons system since 2003 after several years running the prison in Butner, North Carolina, where Ponzi-king Bernie Madoff is currently imprisoned. He also presided over the 2001 execution of Oklahoma City bomber Timothy McVeigh while serving as the warden of the U.S. penitentiary in Terre Haute, Indiana.

His June trial won’t be the first time Lappin has appeared in court as a defendant, rather than on the side of the law. In an unrelated incident, he was caught speeding in Annapolis on March 20. Police said he was driving 69 mph in a 50 mph zone. He pled guilty to speeding March 28 and paid a $90 fine.

Filed Under: Criminal Defense, Drunk Driving, DUI, DWI Tagged With: , , ,

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