www.charlesjeromeware.com " Here to make a Difference."
For an initial courtesy consultation, contact premier DUI and DWI defense attorney Charles Jerome Ware at (410) 720-6129. He can help you.
A key Maryland case establishing both DUI and DWI defenses of (1) the "Stationary Shelter" Doctrine as well as (2) the " sleep it off " defense is : Boyce Cornelius ATKINSON vs. STATE of Maryland, 331 Md. 199 (1993), 627 A.2d 1019.
The issue in the case was whether the appellant/defendant who was sitting intoxicated and asleep in the driver's seat of his car, lawfully parked on the shoulder of the road, with the keys in the ignition but the engine turned off, was properly found to be in "actual physical control" of his vehicle and thereby convicted of driving while under the influence (DUI).
. The answer is "no". Because the Court properly believe the appellant/defendant was not in "actual physical control" of his car, as contemplated by Maryland Code (1977, 1992 Repl. Vol), Transportation Article, Section 21-902, his conviction was reversed.
Friday, October 9, 2015
Thursday, October 8, 2015
Attorney Charles Ware's Blog: FLAWED DUI BREATH ALCOHOL ANALYSIS & "HENRY'S LAW ...
Attorney Charles Ware's Blog: FLAWED DUI BREATH ALCOHOL ANALYSIS & "HENRY'S LAW ...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryl...
FLAWED DUI BREATH ALCOHOL ANALYSIS & "HENRY'S LAW ": AIDUIA "BEST 10" MARYLAND DUI ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, and ranked by his many satisfied clients, his legal peers, as well as the AIDUIA as one of the "BEST 10" DUI and DWI defense attorneys in the State of Maryland. For an initial courtesy consultation, contact him at (410) 720-6129.
The basic principle on which DUI and DWI breath testing is based is Henry's Law, which states that if a gas and liquid are in a closed container, at a constant temperature, and in a state of equilibrium, the concentration of the gas in the air above the liquid is proportional to the concentration of the gas which is dissolved in the liquid.
Breath alcohol analyzers used by law enforcement agencies to evaluate suspected DUI and DWI drivers are routinely calibrated with standard, diluted aqueous solutions of ethanol known as simulor solutions. The analyzers are deemed accurate if they generate results within an established margin of error consistent with ethanol concentrations equivalent to the actual concentrations of the simulator solution.
The fundamental flaw of this drunk driving protocol is that it ignores the fact that a simulor solution is an ideal Henry's Law system, whereas a human test subject is not. Since breath-alcohol analysis is an application of Henry's Law, the level of accuracy ascribed to simulator-based calibrations cannot be applied to analyses involving humans because they are affected by physiological variables that can significantly impact the results of such analyses.
Premier defense attorney Charles Jerome Ware is Maryland-based, and ranked by his many satisfied clients, his legal peers, as well as the AIDUIA as one of the "BEST 10" DUI and DWI defense attorneys in the State of Maryland. For an initial courtesy consultation, contact him at (410) 720-6129.
The basic principle on which DUI and DWI breath testing is based is Henry's Law, which states that if a gas and liquid are in a closed container, at a constant temperature, and in a state of equilibrium, the concentration of the gas in the air above the liquid is proportional to the concentration of the gas which is dissolved in the liquid.
Breath alcohol analyzers used by law enforcement agencies to evaluate suspected DUI and DWI drivers are routinely calibrated with standard, diluted aqueous solutions of ethanol known as simulor solutions. The analyzers are deemed accurate if they generate results within an established margin of error consistent with ethanol concentrations equivalent to the actual concentrations of the simulator solution.
The fundamental flaw of this drunk driving protocol is that it ignores the fact that a simulor solution is an ideal Henry's Law system, whereas a human test subject is not. Since breath-alcohol analysis is an application of Henry's Law, the level of accuracy ascribed to simulator-based calibrations cannot be applied to analyses involving humans because they are affected by physiological variables that can significantly impact the results of such analyses.
Tuesday, October 6, 2015
Attorney Charles Ware's Blog: "The Superlawyers",J. C. Goulden --- Maryland's C...
Attorney Charles Ware's Blog: "The Superlawyers",J. C. Goulden --- Maryland's C...: www.charlesjeromeware.com "Here to make a Difference." Weybright & Talley, No. 72-75461; AmazonBooks/iUniverse/New ...
"The Superlawyers",J. C. Goulden --- Maryland's Charles Jerome Ware, "Understanding the Law"
www.charlesjeromeware.com "Here to make a Difference."
Weybright & Talley, No. 72-75461; AmazonBooks/iUniverse/New York.
Weybright & Talley, No. 72-75461; AmazonBooks/iUniverse/New York.
Attorney Charles Ware's Blog: AVOIDING AND WINNING LEAD PAINT CASES : TOP BALTIM...
Attorney Charles Ware's Blog: AVOIDING AND WINNING LEAD PAINT CASES : TOP BALTIM...: www.charlesjeromeware.com " Here to make a Difference." The nationally-respected defense law firm of Charles Jer...
AVOIDING AND WINNING LEAD PAINT CASES : TOP BALTIMORE LEAD DEFENSE ATTORNEYS
www.charlesjeromeware.com " Here to make a Difference."
The nationally-respected defense law firm of Charles Jerome Ware, LLC is Maryland-based and ranked by its many landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
When it comes to lead paint poisoning claims and lawsuits, Baltimore is considered by many to be "ground zero". In fact, lead paint poisoning is considered by many in authority to be a public health crisis in Baltimore. Indeed, numerous judges, public officials and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible".. We respectfully disagree.
It is undeniable that the vast majority of individual lead poisoning claims and cases in Baltimore and throughout the United States are made against residential rental landlords by former tenants in their pre-1978 built apartments and houses who allege physical damages from lead paint poisoning when they were under the age of 6 years.
For man years, premier defense attorney Charles Ware has counseled his many landlord clients that there are at least three (3) keys to follow in avoiding and winning lead paint cases : (1) good MAINTENANCE of the rental property; (2) adequate NOTICE to tenants in the rental property; and (3) scrupulous DOCUMENTATION/RECORD-KEEPING on both the rental property as well as the tenants. There is no substitute for responsible ownership of these pre-1978 built residential rental units.
ADDITIONAL RECOMMENDATIONS FOR RESIDENTIAL LANDLORDS
OF PRE-1978 BUILT PROPERTIES :
(1) Prior to renting residential housing to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will live in the rental unit.
(2) Inspect the rental unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room of the unit is free of peeling, chipping, flaking, dust, or other defective paint conditions.
(3) Conduct periodic inspections of each rental unit and follow the same procedure with respect to the maintenance of inspections sheets signed by tenants.
(4) Treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
(5) Retain licensed, lead-certified, accredited and insured contractors with experience in the field to perform any required abatement.
(6) Maintain copious records of all maintenance, repair, and paint work performed within each residential unit.
(7) If denied access to a residential unit to perform an inspection or maintenance work, document the denial within the tenant's folder and follow-up with a letter to the tenant confirming the failure to gain access to the apartment.
The nationally-respected defense law firm of Charles Jerome Ware, LLC is Maryland-based and ranked by its many landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
When it comes to lead paint poisoning claims and lawsuits, Baltimore is considered by many to be "ground zero". In fact, lead paint poisoning is considered by many in authority to be a public health crisis in Baltimore. Indeed, numerous judges, public officials and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible".. We respectfully disagree.
It is undeniable that the vast majority of individual lead poisoning claims and cases in Baltimore and throughout the United States are made against residential rental landlords by former tenants in their pre-1978 built apartments and houses who allege physical damages from lead paint poisoning when they were under the age of 6 years.
For man years, premier defense attorney Charles Ware has counseled his many landlord clients that there are at least three (3) keys to follow in avoiding and winning lead paint cases : (1) good MAINTENANCE of the rental property; (2) adequate NOTICE to tenants in the rental property; and (3) scrupulous DOCUMENTATION/RECORD-KEEPING on both the rental property as well as the tenants. There is no substitute for responsible ownership of these pre-1978 built residential rental units.
ADDITIONAL RECOMMENDATIONS FOR RESIDENTIAL LANDLORDS
OF PRE-1978 BUILT PROPERTIES :
(1) Prior to renting residential housing to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will live in the rental unit.
(2) Inspect the rental unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room of the unit is free of peeling, chipping, flaking, dust, or other defective paint conditions.
(3) Conduct periodic inspections of each rental unit and follow the same procedure with respect to the maintenance of inspections sheets signed by tenants.
(4) Treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
(5) Retain licensed, lead-certified, accredited and insured contractors with experience in the field to perform any required abatement.
(6) Maintain copious records of all maintenance, repair, and paint work performed within each residential unit.
(7) If denied access to a residential unit to perform an inspection or maintenance work, document the denial within the tenant's folder and follow-up with a letter to the tenant confirming the failure to gain access to the apartment.
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