Bodley Defense

Can a person still drive to work after a DUI?

2024-05-08T18:22:12Z

A driver might assume that a Maryland police officer is making a traffic stop because of speed or maybe a non-functioning turn signal or brake light. That same driver might start to get worried if the police officer asks them to step out of the vehicle. This typically means that the driver is suspected of intoxication. If a DUI arrest and conviction take place, it can place an individual’s job at risk if they have no way to get to and from work.

Driver’s license suspension is a common penalty for a DUI conviction in Maryland. However, under certain conditions, a person might qualify for a hardship license. This means that the court will allow the person to drive, although there will be restrictions on the license. For example, the court might allow someone to drive to and from work or school or to carry out other necessary tasks.

What qualifies a person for a hardship license following a DUI?

The issues shown in the following list are relevant to eligibility regarding a hardship licensefollowing a DUI:

The driver complied with the request to take a chemical Breathalyzer test.
There has not been a license suspension for DUI within the past five years.
It is necessary to drive to work or to attend a treatment program.
No other transportation is available.

If an individual refuses to take a Breathalyzer test following a DUI arrest in Maryland, they cannot obtain a hardship license.

Interlock Ignition Device

In some cases, the court might order a Maryland driver to install an interlock ignition device (IID) in a vehicle following a DUI conviction. The driver is then permitted to drive anywhere, providing he or she passes a breath test first. The car will not start if the driver fails the test. A person with an IID would not need a hardship license. A DUI conviction has many implications for a person’s life, and it is wise to seek legal counsel immediately following an arrest because an experienced attorney can help an individual obtain the most positive outcome possible.

Distinguishing self-defense from unlawful violence in Maryland

2024-05-03T13:01:05Z

Getting into a fight with another person can have varying outcomes. Sometimes, it ends with little to no issues, especially if someone else intervened and de-escalated the situation. Other times, the argument can become physical, making the altercation's participants face assault charges and other violent crimes. These offenses can be felonies in Maryland, possibly resulting in severe penalties based on state law. However, the details surrounding these incidents can significantly impact how the court convicts each party involved in the fight. In some scenarios, the court can consider their action as a form of self-defense if specific elements exist, such as the following:

The involved party did not start the fight and took no part in provoking or instigating other parties.
The individual had enough reason to believe that they were facing a significant threat during the incident, possibly leading to severe physical harm or death.
During the fight, the involved party did not doubt they were in danger.
The party used force reasonably proportionate to the threat they faced.

Making a claim could be impossible if one or more self-defense elements do not exist based on the case details. Since establishing this claim requires facts, thorough investigation plays a vital role in these cases, helping the court paint a clearer picture of what led to the altercation.

Knowing what to do after getting involved in a physical fight

Fights are usually emotionally charged scenarios, making them prone to getting out of control. When the encounter results in physical harm and injuries, seeking legal counsel immediately can be helpful. Having experienced guidance can help clarify what happened before and during the incident, allowing parties to figure out crucial details that may have legal implications. Doing so can help involved parties address charges and consider options that could be appropriate.

Motor vehicle theft: More than simple breaking and entering

2024-05-03T09:34:48Z

When most people think of motor vehicle theft, they envision someone breaking into a car and driving away with it. However, Maryland's laws on motor vehicle theft are broader and encompass various actions beyond just breaking and entering.

State law’s broad definition of motor vehicle theft

According to Maryland law, a person is guilty of motor vehicle theft if they knowingly and willfully take a motor vehicle out of the owner's lawful custody, control or use without the owner's consent. This definition can extend beyond physically breaking into a vehicle. There are two instances that don’t involve violently breaking into a car where this definition applies.

Deception and trickery

State law covers situations where an individual uses deception or trickery to obtain possession of a motor vehicle without the owner's consent. For example, if someone borrows a car under false pretenses – such as claiming they need it for an emergency – and then fails to return it, they could face charges for motor vehicle theft.

Unauthorized use

Even if a person has initially obtained a motor vehicle legally, they can still be guilty of theft if they continue to use the vehicle without the owner's consent. For instance, if someone rents a car and then refuses to return it after the rental period has ended, the rental company could accuse them of theft.

The penalties for motor vehicle theft

If a court convicts a person of motor vehicle theft, the person potentially faces up to five years of imprisonment and $5,000 in fines. In addition, the person may be ordered by the court to return the vehicle. If the person is unable to return the vehicle for any reason, the court can instead order the person to pay the owner the full value of the automobile. Because Maryland laws have a broad scope of what’s considered motor vehicle theft, people should avoid “borrowing” cars without permission or the intent to return them. However, if you face charges, don’t underestimate what a conviction can lead to. A legal professional may be able to analyze the specific circumstances of your case and explore potential defenses.

What happens when drivers refuse DUI testing?

2024-04-30T21:27:44Z

When a Maryland driver is pulled over under suspicion of DUI, they may be asked to take field sobriety tests or submit to a breathalyzer test. These tests are used to determine whether someone is driving while intoxicated, but some drivers may worry about the accuracy of these tests. While they aren’t always accurate, and drivers may feel uncomfortable performing these tests, refusing to do so can lead to legal consequences.

Refusing DUI testing

When someone refuses to perform field sobriety tests or provide a breath sample through a breathalyzer test, the law enforcement officer on the scene has the right to confiscate the person’s driver’s license. A failed test can also lead to a confiscated license. Once the license is confiscated, the driver will be given a temporary paper license to be used until the driver’s court date. Commercial drivers who refuse to submit to field sobriety tests may have their license suspended and their driving privileges revoked. The officer at the scene will provide paperwork regarding the incident, including information on whether the individual failed a test or refused testing. A form indicating one’s rights to drive until the court date, along with information on the ignition interlock system, will also be provided.

Facing DUI charges

A DUI conviction can lead to fines, jail time, and the loss of one’s driver’s license. Maryland drivers must face these issues head-on and seek legal advice promptly to understand the available options. For some, the right choice may be to plead to a lesser charge. Others may wish to defend themselves against the charges in court with the help of someone who understands the state’s DUI laws.

Man facing DUI charges following roadside collision

2024-04-25T21:14:24Z

On a recent Sunday night, Maryland police responded to a collision in Charles County. There were reportedly two vehicles involved. Investigators say a Honda Accord struck a Chrysler van that was disabled on the roadside. Eight children and five adults in the van were transported to area hospitals for medical care. A 54-year-old man was behind the wheel of the Honda at the time. He is now facing multiple criminal charges, including DUI. The man was taken to a Charles County detention facility where he was held until his initial court appearance.

Exact cause of alleged DUI collision unknown

Investigators say the Honda Accord driver was arrested and charged with DUI following the accident. However, it has also been reported that the cause of the collision is as yet unknown and that the driver of the Chrysler van may also be facing criminal charges. No information was provided regarding what those charges might be. When an individual faces DUI charges following a Maryland collision, it does not necessarily mean that a conviction will follow. In fact, it does not even mean that the drunk driving case will go to trial. Numerous issues may arise in the interim that change the trajectory of a case, including evidence to show that that probable cause was not established prior to arrest or that evidence was mishandled, or Breathalyzer results were inaccurate. This is why it is always best to request legal support as soon as an arrest has taken place.

Understanding Maryland’s 12-hour Alcohol Education Program

2024-04-18T21:37:12Z

When someone is accused of driving under the influence of alcohol in Maryland, they may face fines, jail time and a suspension of their driver’s license. Losing one’s driver’s license is inconvenient and the reinstatement process can be lengthy. For some, attending the 12-hour Alcohol Education Program, known as AEP, may be required before one’s driving privileges are restored.

How the program works

This program was designed to provide rehabilitation to those convicted of DUI or DWI. In some cases, a judge will order an individual to attend the program in order to keep a driver’s license or have it reinstated. Once a referral letter for the program is received, an AEP provider must be contacted to sign up for a session. The session must begin within 90 days of the due date listed on the referral letter. The program fees will vary based on the provider. It is the responsibility of the attendee to cover these costs. If the AEP is not attended as directed, the individual’s driver’s license will be suspended. Once the program has been completed it’s possible to apply for a new driver’s license.

Legal advice after DUI charges

When facing serious charges related to driving under the influence of alcohol, an accused individual has every right to defend themselves or, if offered the opportunity, plead guilty to a lesser charge. A conviction or plea deal may result in fines, a referral to attend a program or jail time. A Maryland criminal defense attorney can help a client understand the best approach based on the circumstances presented.

Plea agreements for reduction of DUI charges

2024-04-10T21:23:14Z

When a Maryland police officer makes a suspected drunk driving arrest, the driver in question will be faced with numerous legal processes in the days, weeks, or perhaps months that follow the incident. An arrest does not necessarily mean there will be a conviction. In certain circumstances, an accused individual may be able to enter a plea agreement that results in a reduction of charges from DUI to a lesser offense. A DUI conviction in Maryland remains on a person’s criminal record for five to 10 years. A conviction also results in points against an individual’s driving record, which will remain in effect for several years, as well. It is within a person’s best interests, then, to argue for a reduction of charges if certain elements are relevant to a particular case.

No past DUI convictions, plus other helpful evidence

Prosecutors are not likely to accept a plea agreement for a reduction of DUI charges if the accused individual has had one or more drunk driving convictions in the past. If a person’s record is clear, however, a prosecutor might agree to accept a guilty plea for a lesser offense, such as reckless driving. Other evidence that works in a driver’s favor for a plea agreement includes blood alcohol content (BAC) test results close to the legal limit, as well as the absence of a collision or injuries. If someone accused of DUI in Maryland can show that evidence was mishandled or that a personal rights violation took place leading up to, during or following the arrest, the prosecutor might be willing to accept a plea agreement to reduce charges; in fact, such issues may even lead to a case dismissal. In any event, it is always best to secure legal support as soon as an arrest has taken place because a criminal defense attorney understands the system and can recommend the best course of action.

Crash on Easter leads to 13 injuries, man accused of DUI

2024-04-07T14:53:20Z

Many holidays in Maryland include family events where alcohol is present, and Easter is no exception. Drinking with family and friends can lead to overconsumption if one isn’t careful, which could be a problem if one chooses to drive home after the party. Drivers who are arrested under the suspicion of DUI can face jail time, fines, and in the case of an accident with injuries, more severe penalties. A recent accident left many people injured, including some children, and at least one driver involved is facing charges of DUI.

An Easter Sunday crash

The accident happened at around 11 p.m. in Hughes County. A disabled van was on the shoulder of the roadway near Siesta Fields Place when it was struck by a Honda. There were 13 occupants in the van, including eight children, who were injured and taken to local hospitals for treatment. The driver of the Honda, a 54-year-old male, was arrested for driving under the influence of alcohol among other charges. Authorities continue to investigate the crash to determine exactly what happened. They claim that the driver of the van may also face charges although the nature of those charges has not yet been revealed.

Advice when facing DUI charges

Facing DUI charges, especially after an accident where others were injured, is a matter to be taken very seriously. Those who are accused should seek legal advice promptly to understand the charges they’re facing and the options they have in responding to those charges. A Maryland defense attorney can provide guidance, so the accused is informed and prepared to face a judge in court.

Maryland man held without bond after drug bust

2024-03-30T18:58:01Z

Maryland police went to a private residence with a search warrant several weeks ago. The residence was home to a 54-year-old man. When investigators show up at a house with a warrant in hand, the homeowner is obligated to allow them access to the home to search according to the conditions contained in the warrant. The alleged drug bust led to the man’s arrest.

Police confiscated numerous items from the man’s home. These reportedly included a substance that investigators claim to be cocaine. They also say they seized a substantial amount of cash, as well as a scale and other objects that detectives labeled as drug paraphernalia.

A Maryland judge denied bond after the drug bust

The man who was taken into police custody following a search of his residence remains behind bars at this time. The judge overseeing his case denied a bond. Judges often do this if they think an individual will try to flee the area or has a history of failing to appear in court. When a judge denies bond, the accused individual must pay the full amount of the specified bail or remain in jail pending the trial.

A judge typically must provide a reason for denying bond, which is entered into court records. In some cases, a person being held without bond may appeal the ruling. Facing criminal charges in Maryland after a drug bust can be a stressful, frightening experience. Anyone accused of a drug crime may seek immediate legal support, which can help alleviate stress and increase the chances of a positive outcome. An experienced criminal defense attorney will focus on challenging the prosecution’s case, including any prospective evidence that prosecutors intend to offer at trial

Teens charged after robbery in Montgomery County

2024-03-21T21:26:06Z

Teenagers are often impulsive, which can lead them to make some very poor decisions that can affect them for the rest of their lives. Maryland teens who are convicted of committing violent crimes may face jail time, which can prevent them from finishing school, limiting their options when it comes to finding a job and being successful adults. Parents of teens who get into legal trouble, like the two who were recently arrested in Gaithersburg, must take these charges seriously and try to get their children back on track.

2 teens arrested

The two teenagers, a 14-year-old, and a 16-year-old, were arrested outside of a fast-food restaurant on Rothbury Drive. They are accused of strong-arm robbery. Authorities say that the teens robbed a man while armed, taking his shirt and sneakers. The 14-year-old is also facing gun charges as he was armed with two loaded handguns. After the arrest, the teenagers were transported to the Montgomery County Police Station. They were later released to their guardians. They now face serious charges, and if convicted, they could face time in a juvenile facility and other repercussions.

Criminal defense

When teenagers face legal trouble, parents are usually understandably concerned about what that means for the future. A conviction can impact many aspects of a young person’s life, preventing them from being able to go to college or work in some industries where criminal convictions eliminate prospective employees from being hired. Maryland parents and teens should be aware of the legal options available, which may include pleading to a lesser charge or going to court to defend against the charges. An attorney can guide toward choosing the right path.