Michael Phelps DUI Charges

Michael Phelps DUI Charges
 

1. CROSSING DOUBLE PAINTED TRAFFIC LANES IN A TUNNEL – While driving in either the 895 or 95 tunnels you cannot cross the double white lines that designate the vehicular traffic lanes in a tunnel.

2. EXCEEDING MAXIMUM SPEED: 84 MPH IN A POSTED 45 MPH ZONE – You cannot exceed the posted speed

Read More

Convictions may be Merged for Sentencing Purposes

Convictions may be Merged for Sentencing Purposes

Two convictions merge for sentencing purposes if

(1) they are based on the same act or acts and

(2) one offense is a lesser-included offense of the other under the required evidence test.

Under Nicolas v. State, 426 Md. 385, 44 A.3d 306 (2012), a court is to resolve factual

Read More

Using Prior Inconsistent Statements for Impeachment

Using a Prior Inconsistent Statement to Impeach a Witness.

To impeach a witness with extrinsic evidence of a prior allegedly inconsistent oral statement, a party must satisfy the conditions set forth in Maryland Rule 5-613. If the only extrinsic evidence offered is a written summary of the prior oral statement, it must be a substan

Read More

Miami U Back Up QB Arrested for DUI had Fake MD Licenses

The news seems to be filled with atheletes with legal problems from the college levels to the NFL. This time a college athelete was arrested on suspicion of DUI.
 Manny Navarro of the Miami Herald has the details:

“[Olsen] stepped out of the driver’s side of the vehicle and approached me asking what the issue was,” the police repor

Read More

Constitutional Search of Vehicle

The leading case on searches incident to arrest is Arizona v. Gant, 556 U.S. 332 (2009) which held that police have the right to search a vehicle following an arrest if the individual(s) arrested can easily access the passenger compartment at the time of the search or if the police have a reasonable basis to suspect that a search

Read More

MVA v. Karwacki

MOTOR VEHICLE ADMINISTRATION v. LEE DANIEL KARWACKI
NO. 119, SEPTEMBER TERM, 1994
HEADNOTE:
ADMINISTRATIVE LAW AND PROCEDURE – AUTOMOBILES – The sworn
statement of the police officer who stopped the motorist on
suspicion of drunken driving provides adequate support for the
Administrative Law Judge to conclude that the motorist was f

Read More

Borbon v. MVA

Jose Borbon v. Motor Vehicle Administration, No. 34, September
Term, 1996.
[Administrative law - Motor vehicle license suspension hearing
under implied consent law - Burden of proof. Held: Absent any
other facts, test machine printout of insufficient breath does not
support finding of volitional test refusal.]
Circuit Court for Prin

Read More

Hyle v. MVA

Matthew John Hyle v. Motor Vehicle Administration – No. 124, 1996 Term
MOTOR VEHICLE — Operator’s license cannot be suspended for refusing to take a blood
test when the operator agreed to take a breath test and the apparatus was available, but there
was no qualified person to administer the test.
Circuit Court for Worcester County

Read More

MVA v. Richards

Motor Vehicle Administration v. David Walter Richards, Jr., No. 2, September Term, 1999.
ADMINISTRATIVE LAW—EVIDENCE—EXCLUSIONARY RULE—The exclusionary
rule of the Fourth Amendment is not applicable in civil administrative driver’s license
suspension proceedings conducted pursuant to § 16-205.1(f) of the Transportation Article

Read More

MVA v. McDorman

Circuit Court for Baltimore County
Case No. 03-C-00-2352
IN THE COURT OF APPEALS OF MARYLAND
No. 94
September Term, 2000
MOTOR VEHICLE ADMINISTRATION
v.
MARSHALL CLAPP MCDORMAN
Bell, C.J.
Eldridge
Raker
Wilner
Cathell
Harrell
Battaglia,
JJ.
Opinion by Raker, J.
Filed: May 14, 2001
1 Unless otherwise indicated, all subseq

Read More

Arrested? Now What?

You have been arrested on suspicion of a drunken driving offense. What do you do next? How do you protect yourself? How do you limit the potential damages? Call a Maryland DUI/DWI lawyer as soon as possible.

A conviction for a DUI offense could result in serious ramifications. You are facing both criminal and administrative penalties.

Keep in mind that even first-time offenders face serious penalties including and up to a year in jail or 120 day loss of driving privileges. Therefore, this is not a time to mess around. You need help and need it now.

Therefore, you had to do everything in your power to avoid a conviction. As a Baltimore DUI lawyer I can help you at this critical time.

If you or someone you love has been charged with DUI in Baltimore, contact me at 410-849-9529.

In Maryland, It is against the law for you to operate a motor vehicle if you have a blood alcohol content of .08 percent or higher. Please note that if you are under 21 the rules are even more restrictive.

When we discuss your case, I will be able to walk you through the State’s evidence against, its strengths and potential weaknesses.

Stand up for your rights by hiring a knowledgeable DUI lawyer. While not guaranteed, an aggressive and focused defense can result in the dismissal of the charges against you or reduction in the nature and seriousness of the charges against you.

Have you being charged with drunken driving offense? Call me to discuss your options. Call 410-849-9529.