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.
DWI Baltimore Maryland Lawyer
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.
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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.
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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 Driver’s License Cancellation Conduct Lawyers Attorneys
Plain wording of Md. Code Ann., Transp. § 16-103.1 supported cancellation of petitioner’s Maryland driver’s license, as nothing in § 16-103.1 created an exception where a cancellation in another state was for conduct that would not warrant that result in Maryland. Fact Maryland would issue driver’s license to non-U.S. citizen was of no consequence
One of the most frustrating things in Maryland is getting a traffic ticket in Maryland.
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Maryland Trier Of Fact Mandatory Presumption DUI Lawyers Attorneys
Md. Code Ann., Cts. & Jud. Proc. § 10-307, set forth permissive inference allowing, but requiring, trier of fact to find defendant was driving under influence of alcohol, and therefore did not offend due process. Md. Code Ann., Transp. § 21-902(a)(2) did not embody unconstitutional mandatory presumption but placed burden on State to prove BAC.
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Maryland Fourth Amendment Sobriety Tests Speech DUI Lawyers Attorneys
In DUI case, Md. Code Ann., Transp. § 21-902(a)(1), trooper had sufficient grounds under Fourth Amendment to administer field sobriety tests to defendant at roadside during traffic stop as (1) trooper detected an odor of alcohol on him; (2) his eyes were bloodshot and glassy, and his speech was slurred; and (3) he admitted to having a few drinks.
A DUI offense is a very serious crime.
The SRIS Law Group Maryland DUI attorneys can defend you against any type of DUI charge.
Our Maryland DUI lawyers have the experience to defend you against any type of DUI charge.
Contact a SRIS Law Group Maryland DUI lawyer in Maryland.
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