DUI Potomac Maryland Lawyer Driving Influence
DUI Potomac Maryland Lawyer Driving Influence
Card Mic v. State
Facts:
Defendant was charged with driving while intoxicated and driving under the influence of alcohol. Defendant waived his right to a jury trial, pleaded not guilty, and waived formal proof. Defendant was found guilty of driving under the influence and sentenced to 60 days. Defendant sought review of the sentence entered in the Circuit Court, Maryland on his conviction for driving under the influence of alcohol.
Issue:
- Whether the trial court properly convicted the defendant for driving under the influence of alcohol?
Discussion:
The court vacated the enhanced sentence imposed by the circuit court. Md. R. Crim. Causes 4-245(b) provided that when the law permitted but did not mandate additional penalties because of a specified previous conviction, the court could not sentence defendant as a subsequent offender unless the state’s attorney served notice of the alleged prior conviction on defendant or counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial in circuit court or 5 days before trial in district court, whichever was earlier. Defendant did not receive notice that he would be subject to enhanced punishment until after the district court trial took place. The court vacated the sentence of the circuit court entered on defendant’s conviction of driving under the influence of alcohol and remanded the case for resentencing
The SRIS Law Group Maryland lawyers will do their best to help you with your case. Contact a Maryland lawyer from our firm to discuss your case.
A Maryland lawyer from our firm will talk with you about your case in Maryland and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Rockville (Montgomery County) & Baltimore.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
DWI Baltimore Maryland Lawyer Expert Testimony
DWI Baltimore Maryland Lawyer Expert Testimony
James v. State
Facts:
Mr. James was arrested and charged with driving while intoxicated and other charges. At trial James moved for dismissal alleging that the citation had not been properly served in that it had been served on him by a District Court Commissioner, and that such service was improper. Defendant appealed his conviction in the Circuit Court for Baltimore County for driving while intoxicated.
Issues:
- Whether error in the process of service is harmless?
Discussion:
The Court states that The denial of defendant’s motion to dismiss the charging document based on improper service under Md. Code Ann., Transp. § 26-201, Md. Code Ann., Cts. & Jud. Proc., § 2-605(b) and Md. R. Crim. Causes 4-212(h) was not error. Although the process was legally issued by the arresting officer, the error occurred in its actual service because the District Court Commissioner did not have authority to effectuate service. Because defendant appeared to defend against the charge, the trial court had jurisdiction over the charge and the person. The court found the error in service to be harmless because it in no way influenced the verdict. The trial court did not err by admitting the results of the breathalyzer test because the police did not affirmatively mislead defendant about his right to a preliminary test, but merely properly advised him of his subsequent test rights. The court did not err by limiting defendant’s cross-examination of a key state’s witness because he was attempting to elicit expert testimony from an unqualified witness.
The SRIS Law Group Maryland lawyers will do their best to help you with your case. Contact a Maryland lawyer from our firm to discuss your case.
A Maryland lawyer from our firm will talk with you about your case in Maryland and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Rockville (Montgomery County) & Baltimore.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Maryland Evidence Erratic Driving Blood Alcohol Endanger Life Limb Property Lawyers Attorneys
Absent evidence of appellant’s speed or erratic driving, weather conditions, or a report of appellant’s blood alcohol level, the state failed to support appellant’s conviction of endangering another’s life, limb, or property.
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Maryland Conviction Indecent Assault Batter Insufficient Evidence Lawyers Attorneys
Conviction for indecent assault and battery was reversed; because there was insufficient evidence to justify submission of the case to the jury on one theory, a new trial was ordered
Assault & battery is a very serious crime.
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Massachusetts Conviction Assault Battery Proper Evidence Stealing Alcohol Charged Lawyers Attorneys
Defendant’s convictions for assault with intent to prevent lawful apprehension and common law battery were proper because the evidence supported that a storekeeper was enforcing his common law right to detain defendant for stealing alcohol.
Assault & battery is a very serious crime.
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Maryland Driving Suspension Mens Rea Conviction Drunk Driving License Lawyers Attorneys
In prosecution for driving after suspension, mens rea could be inferred from driver’s deliberate ignorance of suspension when he failed to claim certified notice of suspension letter after conviction of drunk driving.
Driving on suspended licence is a very serious crime.
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Massachusetts Conviction Assault Battery Proper Evidence Stealing Alcohol Charged Lawyers Attorneys
Defendant’s convictions for assault with intent to prevent lawful apprehension and common law battery were proper because the evidence supported that a storekeeper was enforcing his common law right to detain defendant for stealing alcohol.
Assault & battery is a very serious crime.
The SRIS Law Group Virginia assault & battery attorneys can defend you against any type of assault charge.
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Maryland Convicted Drug Offense Reversal Rebut Presumption Constitutionality Enacted Statutes Lawyers Attorneys
Defendant was convicted of a drug offense and was not entitled to a reversal of her conviction because she failed to rebut the presumption of constitutionality that was afforded to duly enacted statutes.
A Drug offense is a very serious crime.
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Maryland Criminal Defendant Conviction Vehicular Manslaughter Public Road Offense Persons Influence Location Maryland Lawyers Attorneys
Criminal defendant was properly convicted of vehicular manslaughter, even though he was not driving on a public road, as offense applied to persons causing death by driving under the influence, regardless of location.
A DUI offense is a very serious crime.
The SRIS Law Group Maryland DUI attorneys can defend you against any type of DUI charge.
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