Tuesday, December 4, 2012

COLUMBIA/HOWARD COUNTY/MARYLAND DRUNK DRIVING WAREHOUSE: Defense Attorney Charles Jerome Ware

Among the best attorneys in the United States [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, The Howard County Sun, The Anniston Star, The New York Times, et al.]


MARYLAND DRUNK DRIVING

As in other states, "drunk driving" in Maryland (i.e., DUI, or driving under the influence; and DWI, or driving while intoxicated) is a very serious offense which is treated as such by the State's law enforcement authorities. The odds are high that you can go to jail for drunk driving in Maryland.

(1) DUI (Driving Under the Influence) is the higher drunk driving alcohol violation in Maryland. Among other things, it means that the driver's BAC (blood alcohol concentration) registered a level of 0.08% or higher. It is treated severely in the sense that 12 points are automatically assessed against the defendant's driver's license, resulting in automatic revocation of the license; and the defendant could receive up to 1 year in jail and a 60-day driver's license revocation, etc.

Monetarily, the fine for a first DUI offense is $1,000, and it is $2,000 for a second offense. The real punishment, however, comes into play with the mandatory process of hiring a good attorney, going to court, getting alcohol assessments and evaluations, MVA (Motor Vehicle Administration) hearings, court-ordered monitoring, loss of pay or work, et al.

Proper response to a DUI charge can set the defendant back for over $10,000 in Maryland.

(2) DWI (Driving While Intoxicated) may be a slightly lesser offence to the DUI, but it is still a very serious offense in Maryland. Generally, if the defendant's blood alcohol concentration (BAC) is found to be between 0.04% and 0.07%, he or she will be charged with a DWI.

In many cases, people who ended up on the lower end of the BAC spectrum but fail on a field sobriety test can end up with this charge. Police Officer judgment is a major factor. The end result is 8 points tallied against your driving record and a $500 fine (for both a first and second offense). Jail time can range from 60 days from the first offense and up to a year for the second.

(3) Drunk Driving Minors (drivers under 21 years) are prosecuted for DUI or DWI under a zero (0) tolerance rule in Maryland. Drivers under 21 years of age with a BAC level of 0.02 can have their driver's license suspended or revoked.



MARYLAND VEHICULAR HOMICIDE

Driving deaths ("Vehicular Homicides"), i.e., when persons are killed through the use of cars or other vehicles, are very serious crimes in Maryland and other states. The penalties in these cases almost invariably include prison terms.

Depending upon the factual circumstances of each case, prison terms for defendants can be substantially increased.

What is the penalty for vehicular homicide (manslaughter) in Maryland?

Md. Ann. Code Criminal Law Art. § 2-209(b) provides that "A person may not cause the death of another as a result of the person's driving, operating, or controlling a vehicle or vessel in a grossly negligent manner."

A person convicted of violating this statute is guilty of a felony and is "subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000, or both." Md. Criminal Law Art. § 2-209(d).

[www.dmv.org/md-maryland/automative-law/dui.php; www.ehow.com/facts/ "DWI & DUI Laws in Maryland"; criminal.lawyers.com/ Vehicular Homicide: Driving Deaths in General; www.nolo.com/legal-encylopedia/ DUI Laws in Maryland]

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