DUI/DWI and Repeat Offenses

September 28, 2011 by Jonathan Smith

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Throughout the country, penalties for drunk driving convictions are steep and Maryland is no exception. Penalties for repeat offenders are even more severe, and prosecutors are tougher on repeat offenders and often seek to make an example of such defendants by asking for the highest penalties possible under the law.

If you are convicted of second or third offense of DUI or DWI in Maryland, you could face the following penalties:

DUI second offense: Up to two years in jail, a one-year license suspension, possible ignition interlock program installation and up to $2,000 in fines
DWI second offense: Up to one year in jail, a one-year (or longer) license suspension and up to $500 in fines
DUI third offense: Up to three years in jail, up to an 18-month license suspension and up to $3,000 in fines
DWI third offense: Any of the above and possible additional jail time, a five-year license suspension and participation in a 28-day residential treatment program
In addition to legal penalties for a DUI/DWI conviction, such convictions can have far-reaching effects in your personal life, including:
Increased automobile insurance premiums
A criminal record
Diminished employment and business opportunities
Loss of reputation, family and friends

Get help from a legal professional

Dealing with DUI/DWI charges can be daunting and emotionally stressful. And regardless of the circumstances of your case, you have a right to legal counsel and representation. Further, an arrest does not mean you will be found guilty. When facing DUI/DWI charges, particularly if it is a repeat offense, you need an experienced and skilled attorney who understands the legal process and can mount an effective defense. Contact Jonathan Scott Smith online or call us at 410-740-0101 to schedule a consultation to discuss your DUI/DWI case.

Inaccurate Breath Tests in a DUI/DWI

August 29, 2011 by Jonathan Smith

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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: breath - testing machine, breathalyzer dui, breathalyzer dwi, breathalyzer maryland, breathalyzer refusal, DUI, dui attorney, dui attorney maryland, dui maryland, DWI, dwi attorney, dwi attorney maryland, dwi maryland, Inaccurate Breath Tests, Inaccurate Breath Tests DUI, refuse breathalyzer, Refusing a breath test maryland

The Importance of Motor Vehicle Administration (MVA) Hearings

July 25, 2011 by Jonathan Smith

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: DUI, dui attorney, dui attorney maryland, dui restricted permit, DWI, dwi attorney, dwi attorney maryland, dwi restricted permit, license suspension, Maryland administrative hearing, maryland attorney, mva, mva hearing, restricted permit, suspended license, suspended license attorney, suspended license hearing

Man Cleared of Repeat DUI Offender Charges

July 7, 2011 by jsmith

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

DUI Charges Dismissed for Violation of Speedy Trial

May 23, 2011 by jsmith

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.

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

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

May 13, 2011 by Jonathan Smith

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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: Criminal Defense, Drunk Driving, DUI, DWI

DUI Charges Dismissed: Violation of Right to a Speedy Trial

May 13, 2011 by Jonathan Smith

DUI Charges Dismissed for Violation of Speedy Trial Right
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A 31-year old separated mother, while on probation for an earlier conviction for Driving under the Influence of Alcohol, was arrested and charged with a second drunk driving offense after causing a personal injury accident. Howard County criminal lawyer Jonathan Scott Smith represented the accused. Upon our recommendation, the client refused all plea bargain offers. A Howard County District Court judge agreed with Mr. Smith’s argument that the prosecution’s earlier postponement, and court clerk’s errors and delays in scheduling the case for trial, were prejudicial and violated the client’s constitutional right to a speedy trial. The court granted a motion to dismiss all charges.

Constitutional Right to a Speedy Trial
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Both the United States Constitution and the Maryland Declaration of Rights guarantees the right to a speedy trial to anyone accused of a crime and facing criminal charges. The constitutional right does not delineate any fixed time period for a trial to take place. Court rulings have interpreted the right to mean that a trial must take place within a “reasonable” time after being charged.

Right to a Speedy Trial on DUI/DWI Charges

Maryland’s highest court has ruled that one year generally is too long for such a relatively uncomplicated case such as DUI/DWI to come to trial. Courts consider other factors in addition to the length of time between arrest and trial. These include whether the accused ever requested a speedy trial; the length of the delay; the reasons for the delay; and whether the accused was prejudiced by the delay.

An experienced criminal defense lawyer can assist in asserting and protecting the right to a speedy trial, as well as raising a court challenge if the right is violated.

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 of extensive 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 DWI/DUI, drunk driving, 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

Filed Under: Criminal Defense, Drunk Driving, DUI, DWI Tagged With: Choosing a good dui lawyer, dui charges dismissed, dui defense, dui lawyer, dui repeat offender, dui repeat offense, howard county dui lawyer

Jonathan Scott Smith Criminal Defense Firm