Weekly Legal Updates from Maryland Criminal and DWI Attorneys

Major Change To Maryland Traffic Court- Tell Your Friends!

Prior to October 1, 2010, any person issued a traffic ticket in Maryland for an offense which did not carry a potential jail sentence, such as a speeding ticket, would have had the option to either pay the ticket or automatically receive a trial date notice. At the trial, the driver could plead not guilty and have a trial, plead guilty or plead guilty with an explanation. Many people would simply not pay the ticket and show up to court and ask the court to grant a probation before judgment or seek a reduction in fine or points.

On October 1, 2010, a new law went into effect which signifigantly changed Maryland's traffic court procedure. A trial date will no longer autommatically be set if the ticket is not paid. Instead, the new law places a burden on the driver to request a hearing, or take some other action, within 30 days or risk having their license suspended. Below are the new options available to someone who has been issued a traffic citation:

• Pay the full amount of the ticket
• Tell the court that they are guilty but wish to have a hearing only as to the penalty to be imposed
• Request a trial date in the District Court

It is very important to regognize that there has been a major change to Maryland traffic court procedure. A driver can no longer sit back and wait for a trial date notice to appear in his or her mailbox. Be sure to understand what action you need to take if issued a traffic citation. Don't risk having your drivers license suspended for either failing to pay the ticket or request a hearing.

Maryland’s Ban On Handheld Telephones While Driving Takes Effect Today

Starting today, October 1, 2010, drivers in Maryland can no longer talk on their cell phones while driving. The new law applies to all Maryland drivers except law enforcement personnel and emergency personal while in the scope of their official duty. Under this new law, a driver may only use a cellphone to make an emergency phone call to:

• A 911 system
• A hospital
• An ambulance service provider
• A fire department
• A law enforcement agency or
• A first aid squad.

In addition, a driver may hold a cellphone to either initiate or terminate a telephone call or to turn the phone on or off.

This new cellphone ban is a secondary offense, meaning that the police cannot pull a vehicle over soely based on the fact that the driver is using a cellphone.

The penalty for a first offense is a fine of not more than $40 and $100 for a second or subsequent offense. However, a court could waive the fine for a first offender if the driver provides proof that a person has purchased a hands free devise for use in their vehicle.

A full version of the new law can be found here: http://mlis.state.md.us/2010rs/bills/sb/sb0321t.pdf

Can’t I Just Represent Myself? Why Do I Need a Lawyer?

You can represent yourself in court, but why would you want to? The Supreme Court has ruled that the Sixth Amendment gives you the right to represent yourself, just as it grants you the right to an attorney, but this does not mean that representing yourself is a good idea. The law is complicated, and lawyers have dedicated their lives to understanding it. Having a lawyer can improve your chances of getting a favorable outcome to your trial.

In criminal defense, lawyers can bring a lot to your trial. You are guaranteed certain rights and lawyers know how to protect those rights to ensure you are not a victim of illegal search and seizure or other inappropriate methods of obtaining evidence. If these were used, it may mean crucial evidence will be thrown out. In addition, lawyers have experience with constructing factual defense and know how to put the pieces together so that a jury can see the whole picture. Finally, lawyers also have the experience to negotiate on your behalf, which can help you get the best out of a bad situation.

And remember that you will be facing off against a lawyer who will be looking to exploit any perceived weakness, including a lack of legal knowledge, to get a conviction.

Greg Jimeno and Frank Gray are both former prosecutors who know how hard it can be for someone representing him- or herself to defend against a determined prosecutor. They understand they system and how prosecutors think, which is essential to defending your criminal case. To learn more, please call or email us today.

What Are Field Sobriety Tests? Do I Have to Take Them?

For decades, police officers used a wide variety of field sobriety tests to attempt to determine whether a driver was in fact intoxicated behind the wheel. These tests varied from state to state or county to county, even officer to officer or stop to stop. Some tests were more effective than others at determining intoxication, and some were prone to abuse. However, an important step was taken in 1977 when the National Highway Traffic Safety Administration (NHTSA) began investigating these tests and then in 1981 recommended standardized tests to be used during a DUI/DWI traffic stop. Coast-to-coast training sessions have served to help officers perform field sobriety tests in specific ways to further increase their accuracy.

The three standardized tests are:

• Horizontal gaze nystagmus (nystagmus is an involuntary jerking of the eye)
• Walk and turn
• One leg stand

These are the only three validated field sobriety tests and they must be performed in a particular order to give valid results. In addition, these tests are not considered pass/fail-they only give clues and information. No matter what an officer may have told you during the traffic stop, it is the actual information that is important.

You do not have to take field sobriety tests. The only purpose of a field sobriety test is to give police information and evidence to use in court, and therefore it is often better to refuse to perform field sobriety tests.

If you are facing a DUI/DWI charge and want information on how to obtain an aggressive defense to your DWI/DUI case, please contact Jimeno & Gray today for a consultation.

I Was Arrested by Police for DUI and They Took My License–What Do I Do Next?

If your license has been taken in connection with a DUI arrest, you must act quickly to request a hearing to review or challenge the suspension. If you are a Maryland licensed driver you're your license was taken as a result of a DUI arrest, the police officer should have issued you a temporary license. This temporary license will allow you to drive for the next 45 days before any suspension would be imposed. Although you can drive for 45 days, you should not wait to request your hearing.

If you request a hearing within 10 days of being issued the temporary license, you will get an extension on your temporary license to allow you to drive until your hearing. Since your hearing is unlikely to be scheduled within 45 days, , failure to act quickly can leave you without a license for weeks days, if not months.

If you request a hearing within 30 days, and the results of an alcohol concentration test was 0.08 - 0.14, you may be eligible for a modified license that will allow you to continue driving for medical appointments, work, or higher education classes.

If you refused to submit to a test or submitted to a test with results over 0.15, you could be eligible to continue driving of you enter into the ignition interlock program.

If you do not request a hearing within a timely fashion, you may not be eligible for these modifications to your license, you most likely will not get a hearing before your temporary license expires, and you will lose your privilege to drive.

To learn how best to protect your license after a DUI/DWI arrest, please call or email Jimeno & Gray, defense lawyers with experience in the criminal justice system.

What Do Cheech and Chong and South Park Have In Common?

They were both referenced in a recent opinion issued by the Court of Appeals of Maryland. Not surprisingly, the court was ruling on a drug possession case when making these references.

The case itself arose out of a search warrant which was executed on a house in Baltimore City. When the police went upstairs the defendant, along with other occupants of the house, was found in a room which was “shrouded in a haze of marijuana smoke.” The court went on to sustain the defendant’s conviction for possession of marijuana, relying on the fact that he was in a room with the strong presence of marijuana smoke and burning marijuana in near proximity.

For more information on the case, here is a link to an article from The Baltimore Sun:
http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-cheech-chong-pot-20100723,0,143669.story

To read the case in its entirety, click on the following link:
http://mdcourts.gov/opinions/coa/2010/105a09.pdf

Do I have the right to an attorney before deciding whether to take a breath test?

Yes. Maryland DWI law recognizes that deciding whether to take a breath test or not is an important and sometimes difficult decision. It can be hard for a person without a legal background to weigh all the factors and decide whether it is better to take the test or not, so long as this does not interfere with or delay the test, which still must be taken in a timely manner.

If you are pulled over under suspicion of DWI and you ask to speak to a lawyer, the police have to give you the opportunity to have a meaningful and free conversation with your lawyer. This is an area where police commonly make mistakes. Either they do not let you contact a lawyer at all, or they do not give you enough time to reach your lawyer or converse with your lawyer, or they interfere with your conversation.If you were not given adequate opportunity to talk to a lawyer about a breath test, it may be grounds for getting the results of the test thrown out or avoiding a license suspension. To learn whether this might be able to help you in your case, please call or email the Maryland DWI attorneys of Jimeno & Gray, P.A. for a consultation.

What Kind of Sentence Can I Expect from My First DWI?

The sentence in each case depends on the facts of the case, so it's impossible to say for sure. However, persons charged with a fist DWI are eligible for what is known as Probation Before Judgement (PBJ).

Whether a person pleads guilty or is found guilty after trial, the court could grant a PBJ. The PBJ will take the finding of guilt off of a person's record so long as the person does not violate his or her probation. As such, no points would be assessed against the person's driving record. However, there would be a notation on your record so that a second offense within ten years will normally not be eligible for a PBJ.It is up to the discretion of the judge as to whether to grant a PBJ. Circumstances where a PBJ would not be granted include:

• If the driver underage
• If there was an accident, especially with injuries
• If the driver was travelling at a high speed or in a dangerous manner

If you have been charged with your first DWI, you need a lawyer who understands that everyone makes one mistake and can help you take full advantage of the opportunities the law allows. Please contact experienced Maryland DWI attorneys Jimeno & Gray, P.A. today for a consultation.

If I’m Arrested by Police Do They Have to Read Me My Rights?

In movies and police shows on television, the reading of Miranda Rights occurs right at the moment of arrest. That's for Hollywood effect, where the reading of rights serves as a "gotcha," the verbal manifestation of civic and political authority as cold and hard as the handcuffs. In reality, the reading of one's Miranda Rights occurs only under certain conditions.

The State of Maryland considers this the standard formulation of your Miranda Rights:

1. You have the right to remain silent and refuse to answer questions. Do you understand?
2. Anything you do say may be used against you in a court of law. Do you understand?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?

Reading of Miranda Rights is required only in cases of "custodial interrogation"-that is when you are in police custody and are being questioned. If you have been arrested, but are not questioned, then Miranda Rights do not need to be provided by the police. This is common in DUI cases or arrests for minor crimes.Your Miranda Rights are also not read in cases where police are asking you questions without an arrest, such as at your house, on the street, or at the scene of an accident. However, your right to an attorney still has force and at any time you can stop questioning by police if you demand to speak to an attorney before answering further questions.If you are being charged with a crime and need a defense lawyer dedicated to protecting your rights, contact the Maryland criminal defense attorneys at Jimeno & Gray, P.A. today.

Greg Jimeno Elected Secretary Of Anne Arundel County Bar Association

Greg Jimeno was elected as the Secretary of the Anne Arundel County Bar Association during the associations annual meeting on June 21, 2010. For more information about the Anne Arundel County Bar Association, please click on the link below.

http://www.aabar.org/

Greg Jimeno Secures Dismissal In High Profile Airport Chauffer Case

Greg Jimeno recently secured a dismissal for a client who was arrested as part of a sting operation targeting airport drivers at BWI Airport. The client was arrested for not having a Maryland Aviation Administration hang tag displayed when approached by offices of the Maryland Transportation Authority Police Department. The case was ultimately dismissed by the State's Attorney's Office because the clients employer, Crofton Coach and Courier, was notified in 2006 that the hang tags were no longer being issued my the Maryland Aviation Administration. In spite of the 2006 notice, the police inexplicably decided to arrest 17 drivers over a several week period in early 2010. The arrests made news at the time and were featured in The Capital and Fox 45 News.
The Transportation Authority Police Department has changed its procedures as a result of these cases. Sargent Thibodeau was quoted in The Capital as saying "We don't want them going out and arresting as many people as possible in one day" while the spokesperson for the State's Attonrey's Office noted "We will work with the police department in the future to make sure they file charges appropriately so that we can move forward in court."
The full article from The Capital can be found here:http://www.hometownannapolis.com/news/top/2010/06/01-14/Airport-chauffeurs-beat-permit-rap.html?ne=1

Major Changes To Maryland Traffic Court Law- Tell Your Friends!

On October 1, 2010, a new law went into effect which drastically changed how traffic tickets are handled in Maryland courts. Before the change in the law, everyone who received a minor traffic ticket, such as speeding ticket or other tickets not punishable by jail time, could either pay the ticket or automatically receive a trial date in the District Court. The defendant would receive a notice from the District Court advising the person of the time and place to appear for the trial date. At trial, the defendant could enter a plea of not guilty and have a trial to contest the charges, plead guilty or plead guilty with an explanation.  If the defendant failed to appear for trial, the MVA would suspend his or her drivers license.

Under the new law, persons who receive a minor traffic citation will no longer automatically be given a trial date. Instead, the defendant would be forced to chose from one of three options: 1) Pay the citation; 2) Request a trial; 3) Request a "guilty with an explanation" hearing where no witnesses would be present. A defendant must chose one of these options within 30 days or their license will be suspended.The new law represents a major change from how traffic tickets have been handled in Maryland.  If you have ever received a traffic ticket you must know that the procedure has changed.

Greg Jimeno And Frank Gray To Present At Continuing Legal Education Program- “Common Pitfalls, Current Law and Practical Advise for DUI Cases”

On Thursday, April 8, Greg Jimeno and Frank Gray will be the featured presenters at "Common Pitfalls, Current Law and Practical Advise for DUI Cases." This program is sponsored by the Anne Arundel County Bar Association and is designed to assist those in attendance gain a better understanding of how to defend driving under the influence cases. Below is a link to the Anne Arundel County Bar Association website for more information.

http://www.aabar.org/calendar.html

Two Blizzards In One Week Creates Court Backlog

Most of the State of Maryland, including courts in the Baltimore area, was shut down last week due to two blizzards which hit the area within days of each other. Last week was certainly historic in many ways for the entire region with schools being closed, businesses forced to shut down and people not being able to leave their houses because their streets were not plowed.

With respect to the court system, the impact on the week long closure could be felt for several months to come. Many District and Circuit Courts already had overcrowded dockets and finding additional room to hear the cases which were postponed due to the blizzards will only add to the problems. In addition, there were many domestic violence protective orders and peace orders which were scheduled to be heard last week in an expedited manner which were not able to be heard by a judge.
The fate of these cases is now uncertain.More problematic though was the inability of the courts to hear bail reviews for incarcerated defendants. When a defendant is arrested, he or she is to have a bail review in front of a judge within 24 hours after arrest or on the next day when the courts are open for business. Under normal circumstances, if a defendant is arrested on a Friday and is unable to post bail he or she would have a bail review on Monday. A defendant arrested on Friday, February 5, 2010 would have to wait 11 days, until courts reopened following the Presidents Day holiday on February 16 to have a bail review. Many of the District Court bail reviews involve petty offenses and the defendants continued detention could overcrowd the local detention centers.On Friday, February 12th, Anne Arundel County District Court Administrative Judge John McKenna put together a skeletal crew of court personnel to conduct bail reviews even though the court was closed for all other business due to the snow. The court took the highly unusual step of hearing bail reviews on a day when the court was technically closed to avoid having incarcerated defendants wait 11 days for their bail reviews. While the State's Attorneys Office might not have cared one way or another that a person would have to wait such an extraordinary time for a bail review, justice was served on this occasion and the extra effort of all involved should be applauded.Here is a link to The Capital newspapers article on the bail reviewshttp://www.hometownannapolis.com/news/for/2010/02/13-15/Snow-keeps-courthouse-closed-which-keeps-34-in-jail.html

Maryland State Police Make Drugged Driving Cases Easier To Prosecute

The Maryland State Police have announced that they have opened a new laboratory to analyze blood samples taken from drivers suspected of driving under the influence of drugs. Prior to the opening of the new lab, all blood testing for the presence of drugs in a detained driver had to be sent out of state for analysis.

Requiring all blood tests to be sent out of state for analysis posed a substantial burden on prosecutors to attempt to introduce the results of those tests. Under Maryland law, upon request of the Defendant, the State must produce the person who analyzed the blood as a witness. If the witness was out of state, the State would typically not have the means or opportunity to make the test technician appear for trial. As a result, the results of the blood test would not have been admissible at trial.With the new testing procedures in place, the State has created an easier path to conviction. The Maryland State Police laboratory will be located in Pikesville, making it more convenient for the test technicians to appear at trial. That being said, the availability of a chemist to appear at trial is only one of the many obstacles facing the State in drugged driving cases. The State still must produce an opinion from a police Drug Recognition Expert that the Defendant was under the influence of a drug at the time he or she was driving a motor vehicle. In addition, the State must also find the nurse who took the Defendant's blood and call the nurse as a witness.Finally, there have been some significant recent developments in the United States Supreme Court as well as in the Court of Appeals of Maryland with respect to a Defendant's right of confrontation under the Constitution. Some evidence that the State would have relied upon to prove its case by way of documents now must be proven with live witnesses. The outer boundaries of the State's responsibilities to ensure a Defendant's right of confrontation have yet to be determined in driving under the influence cases, although the attorneys in our firm continue to take the position at trial in these cases that the State must produce witnesses at trial, such as the State Toxicologist to prove that the equipment used in blood cases were properly certified for use, as is required under Maryland law.Click on the following link to read the press release from the Maryland State Police regarding the new blood test laboratory:http://www.mdsp.org/media/press_release_details.asp?identifier=881

Possession with Intent to Distribute

Above and beyond a simple possession charge, possession with intent to distribute is considered a much more serious crime for which you could be facing thousands of dollars in fines and serious prison time. Depending on the circumstances surrounding your arrest, a qualified criminal defense attorney like those at Jimeno & Gray with experience in drug related cases can help you to make sure your rights are protected.

When determining whether a person possessed drugs with the intent to distribute the court will look at a number of factors, including the amount of drugs, how they were packaged. In addition, the court will take into consideration if other items such as baggies, scales and large amounts of money were found at the same location as the defendant.How Jimeno & Gray Can Help
In drug cases, there are a number of things which could be litigated, including:

• Improper search and seizure of evidence
• Failure to document the chain of custody for evidence
• Keeping statements given to the police from being introduced as evidence

If you've been charged with Possession with intent to distribute and you live in Maryland, please contact the law offices of Jimeno & Gray Maryland Criminal Defense Attorneys today and we can listen to the details of your case and advise you of your best defense.

Arrested for Possession of Drugs?

After being charged with possession of a controlled dangerous substance (CDS), the immediate future can become very uncertain and scary. What you need more than anything else is the support of an experienced criminal defense attorney such as those at Jimeno & Gray. An experienced attorney will be able to walk you through the process of preparing for court, take you through the courtroom process, and also give you accurate advice on what you can expect so that you can plan your future accordingly.

What Happens if I'm Convicted?Depending on your prior record to the nature of the current charge you may be given probation, ordered to pay fines, attend treatment and or be sentenced to jail time. A good attorney can help look for defenses to the case and to minimize the sentence, if convicted.If you live in Maryland and have been charged with drug possession, the skills of an experienced criminal defense attorney can help minimize the lasting effect that these charges have on your life.Please contact the law offices of Maryland criminal defense attorneys at Jimeno & Gray, and we will schedule a confidential consultation to hear the details of your case.

New Law Makes It More Difficult To Obtain A Second PBJ

A new Maryland law went into effect on October 1, 2009 which makes in more difficult to obtain a second probation before judgment for an alcohol related offense. Prior to October 1, a person could be eligible for a probation before judgment if at least five years had passed between offenses. The new law expands the time from five to ten years.

Since this is a new law, we must wait a period of time to determine how much impact it will have on Maryland drivers. Even prior to the passage of this new law, many judges were not granting a second probation before judgment if the offenses occurred within ten years of each other. On the rare occasion, a judge might have reward someone with a second probation before judgment who had anywhere from eight to ten years between offenses if the person had taken extensive remedial measures prior to going to court or while on probation, such as attending an inpatient alcohol program. On the other hand there are some judges who will never grant a second probation before judgment, so this new law will have little impact on them.

Analysis of Drugs in Preparation for Court

If you have been accused of a crime involving drugs, more than likely the drugs that were taken from your person or property will go from hand to hand as they are processed, analyzed, stored, and sent to the courtroom as evidence. Every time a change of hands occurs, it must be documented to ensure that the evidence was not tampered with or handled negligently.

The process that evidence goes through from the time it is seized to the time it reaches the courtroom is called the "chain of custody." Under Maryland law, the prosecution must prove that there was a proper chain of custody, if properly requested by the Defendant. All requests to bring the chain of custody to trial must be made within certain time constraints prior to trial. It is in your best interests to hire an experienced attorney to handle these sensitive matters for you.The chain of custody requires that every person who touches the drugs before they are sealed in a package to be sent to the drug lab can be called as a witness at trial. The police are also required to properly document the transfer of the drugs after packaging until they are delivered to the lab for analysis. This is to insure that the bag of drugs that the police officer seized during the arrest is the same bag of is the same bag introduced on the day of trial and that it has not been interfered with.Unless a proper and timely demand for the persons in the chain of custody to appear at trial is made by the defendant, the drugs will be admissible and any defects in the chain of custody will be unnoticed. It is up to an experienced criminal defense attorney to investigate the chain of custody to make sure that it is rock solid before admitting evidence to trial.If you have been charged with a drug crime in the state of Maryland, please contact the law offices of Jimeno-Gray Maryland Criminal Defense Attorneys to schedule a consultation today.

Refusal of Roadside Test

A police officer will frequently try and administer a roadside field sobriety test if he suspects you are under the influence of alcohol. These tests consist of a series of tasks that are intended to provide a police officer with evidence of your sobriety or intoxication. However, these tests are highly subjective and frequently do not provide any substantial evidence to conclusively determine your level of intoxication.

Since the police officer asking you to perform these tests already suspects that you are intoxicated, he will be looking for any evidence that remotely affirms his suspicion. This creates an inherent bias in the roadside test that will always work against you. While it may seem unfair, the officer administering the test will almost always evaluate your performance in a way that will incriminate you.Roadside tests are voluntary. Unlike a breath test, there are no drivers license consequences for refusing to submit to the field sobriety tests. Often, police officers will not inform you of the fact that these tests are voluntary. They will simply administer the test without offering you an opportunity to refuse. It is important to tell your attorney if you were forced to perform these tests or if you weren't informed that they were voluntary. This fact may be very helpful in your defense.Even if you are not impaired by alcohol, there are many factors that may contribute to your failing a roadside sobriety test. Fatigue will frequently cause you to have symptoms that resemble those of intoxication. Since most DUI investigations are carried out late at night, there is a good chance that fatigue will skew your results.Roadside conditions will also affect your results. If you are asked to balance on one leg on a steep sloping street or on a narrow shoulder of a busy highway, you may struggle to perform adequately even if you are sober. Your clothing can affect the results as well. Many of these tests are difficult to perform in high heels, tight mini-skirts, or long, baggy pants.Medical conditions, such as ADD/ADHD, ear infections, or back pain can easily skew your results.The attorneys at Jimeno & Gray have a great deal of experience handling DUI cases. Before defending individuals charged with a DUI, we prosecuted DUI cases for the State's Attorney's Office. Our attorneys have been trained by the NHTSA to perform field sobriety tests, and we understand the laws surrounding a refusal of a roadside test.If you have been charged with a DWI or DUI please contact our Maryland DUI office today to schedule a consultation.

Case Dismissed For Speedy Trial Violation

Every person charged with a crime has a constitutionally guaranteed right to a speedy trial. If a defendant is denied his or her right to a speedy trial, the case should result in a dismissal. When speedy trial, or the lack thereof, becomes an issue in a particular case the court will review, among other things, the reason for the delay in bringing the case to trial.

I recently handled a DWI case where there was an extraordinary delay of 23 months between when the defendant was charged with the offense and when the case was set for its first trial date. There was no reason for such a delay, especially considering that the arresting officer had appeared in court on a regular basis for other trials between the time of the arrest and my client's trial date.When initially speaking with the prosecutor assigned to handle the case, she wanted my client to plead guilty. After we discussed the length of time it took the case to come to trial and the fact that there was no reasonable explanation for the delay, the prosecutor did the right thing and dismissed all charges.The only possible reason for the delay in setting a trial date was that the clerks office simply lost track of the case. However, case law puts the burden on the State to ensure that a case is set within such a time to ensure a defendant receives a speedy trial. Because neither the State nor the court took the initiative to bring my client's case to trial, his constitutional rights were violated and he was ultimately not prosecuted.

Why Do You Need a DWI Lawyer?

Any arrest for an alcohol related driving offense could lead to serious consequences for the defendant. Maryland has stringent laws regarding alcohol related driving cases; however, there are several options for drivers who qualify. Among these are:

· A grant of probation before judgment· Modified suspension of a drivers license· A more favorable decision with lower and fewer penalties• Dismissal (for a number of reasons beyond your control)With representation by an experienced DUI attorney, you may even be able to get a complete dismissal of your case that will preserve your driving record, financial interests, insurance, and job security. Of course, each case is unique, and a dismissal can never be guaranteed.One thing is certain. If you do nothing, your charges will go uncontested, resulting in a conviction.In your effort to defend yourself, would you know how to obtain copies of the evidence against you? Would you know how to properly contest or disqualify this evidence?Without legal representation, the prosecutor may not give you as favorable a deal as legal counsel might be able to negotiate. Try to see your situation through a prosecutor's eyes. By obtaining legal counsel right away, you acknowledge the severity of the charges being brought against you. You are showing respect for the law, the authority of the state of Maryland to enforce its laws, and the serious consequences you will suffer as a result of your decision to drink and drive.Conversely, how do you think you will appear if you choose to face the court without legal representation?An experienced DUI attorney will do a thorough investigation of your case, examining the evidence against you, the arrest report, breath test, and any blood tests performed in order to find a way to reduce your charges. Your legal counsel can obtain evidence through the discovery process that may be difficult for you to obtain personally.Jimeno & Gray DUI attorneys have experience both prosecuting and defending DUI cases in the state of Maryland. We have earned National Highway Traffic and Safety Administration (NHTSA) Breath Testing Certificates, and we know how police are supposed to administer tests and document results. We know the difference between an accurate report and a careless report. We also know the many other pieces of evidence that should be present both for probable cause for an arrest and to justify a guilty verdict. It's not uncommon for an officer to make a mistake in either documenting or presenting the evidence.If you have been arrested for a DUI or DWI in, please contact Jimeno & Gray, Maryland DUI Lawyers today for an evaluation of your case. Time is short. The law imposes strict timelines for making certain requests to help you receive a favorable outcome.

Effects of DWI on Driving Records

A DWI or DUI conviction in Maryland will stay on your record forever if you don't take steps to prevent the conviction. A judge and prosecutor will review your driving record when making a decision about your arrest. A prior alcohol-related conviction will reduce your chances for any leniency. You'll need an experienced DUI attorney to help you reverse, or at least reduce, the damage that will go on your permanent driving record.

The courts are not likely to exercise leniency for juveniles charged with a DUI either. Maryland is intent on keeping intoxicated juveniles off the roads. An intoxicated juvenile driver is breaking at least two laws (underage drinking and driving under the influence), in addition to whatever the driver did to attract the officer's attention. A routine action such as changing a CD can cause a maneuver that attracts attention.Whether adult or juvenile, if you are pulled over for suspicion of DWI, you can expect the officer to write as many tickets as he thinks he can justify. This will include any offenses that caught his attention:

• Weaving
• Driving too slow
• Speeding
• Erratic driving
• Driving with your lights out at night
• Equipment violations

Your eight-point DWI could quickly turn into a license revocation due to points for other driving offenses.Multiple charges or DWI second offenses complicate your case, making it less likely a judge will reduce your penalties. You will have to hope that the arresting officer made an error or that there is a lack of evidence to get some or all of your charges dismissed or decreased. Identifying that the officer did not have probable cause to arrest you might be all it takes to get your case dismissed.If convicted, your driving record will reflect your DWI or DUI. Because this information is available to insurance companies, your rates may increase accordingly. Your employment may be affected, especially if you are required to drive as part of your job. Penalties such as jail time will have long-term ramifications, and the financial effects of fines, towed and impounded vehicles, increased insurance rates, attorney fees, court costs, and possible job loss are sure to have a long-lasting impact on your life.If you have been charged with a DUI, let the attorneys with experience in both the prosecution and defense of alcohol-related offenses help you preserve your driving record and keep your driving privileges. Please contact Maryland DUI attorneys Jimeno & Gray today if you were charged in Anne Arundel or Howard Counties in Maryland.

DWI Penalties for Juveniles

The state of Maryland has created a distinction between DWI laws governing drivers of legal drinking age and those governing juvenile drivers (under age 21). In general, juveniles face more severe consequences for their actions than adults do.

In Maryland, your driver's license contains restrictions until you reach the age of 21. As a result, the Motor Vehicle Administration (MVA) views DWI cases differently when the accused driver is a juvenile. If you refuse or fail a breath test, you will face a mandatory suspension of your license, and if convicted of a DWI, you will most likely have your license suspended or revoked for up to six months.The courts also treat juveniles charged with a DWI differently. Judges are much less likely to give you the benefit of the doubt when you are under the legal drinking age. As a result, you will not be able to receive a Probation Before Judgment if you are a juvenile.While criminal records for minors are sealed once you reach the age of 18, if your conviction is related to a driving infraction, it cannot be expunged. As a result, your DWI will stay on your permanent record even after you've turned 18.If you have been charged with a DWI, it is crucial that you seek representation from an attorney who is experienced in Maryland DWI law. At Jimeno & Gray, P.A., we have been handling DWI cases on both sides of the law for many years. As former State's Attorneys, we started our careers prosecuting DWI cases. We have taken the knowledge and experience gained from our time in the State's Attorney's Office and used it to provide our clients with the best possible defense for their DWI cases. Theimpact of a DWI on a juvenile is considerably more severe than for an adult. Therefore, it is especially critical that you seek legal representation if you are under 21.A DWI is a serious offense that can affect you for the rest of your life. Jimeno & Gray, P.A. can help you minimize the damage so that you can move on with your life once and for all. Please contact our Maryland DWI lawyers today to schedule a consultation.

Ignition Interlock Device

If you have been arrested for driving under the influence, one of your largest concerns may be the suspension of your license. Because many people rely on their vehicle as their only mode of transportation to and from their job, running errands, and more, a suspended or revoked license can result in serious financial hardship.

One of the options available to an individual arrested for DUI is something called the ignition interlock device. This device allows for the person to continue to drive, and drive sober. Ignition interlock is an in-car device that requires the driver to breathe into. Using smart technology equipped to monitor the driver's alcohol intake, an ignition interlock will keep the car from being driven by someone with a level of alcohol in their system over .02. This technology locks down the ignition keeping impaired drivers off the road. This also keeps those who have been convicted of a DUI from being arrested for the same offense again.If you have been charged with a DUI offense in Maryland, you have the option to have your hearing with the motor vehicle administration waived and opt for the ignition interlock device installed for one year, or have your license suspended for 90 days. That's if you agreed to be tested. If you refuse the test and are charged with DUI, your license may be suspended for 120 days for your first offense. If it is your second offense, you may face a year's suspension. Many people who rely on their vehicle to get around will choose the ignition interlock. You may also be court ordered to have the ignition interlock placed in your vehicle. This may be thought of as an alternative to a suspension. Though some will choose the suspension just to get it over with, others may have no choice.Ignition interlock devices are also required to be blown into every few minutes. This is to make sure the driver has not had a friend blow into the system to start the car, and then let the person with alcohol in their system back behind the wheel. This is known as a rolling or running test. This makes the device extremely difficult to fool.This technology has done a very good job at reducing recidivism. It has kept millions of drunk drivers off the road who might otherwise have become involved in an accident. It is also a way to keep the convicted from having no choice but to quit their job or rely on friends for months.If you would like to know more about the ignition interlock device, please contact the experienced DUI defense attorneys at Jimeno & Gray.