Attorney Blog

Charged with a DUI? A Criminal Defense Attorney Explains the Difference between Felony and Misdemeanor DUI Charges after a Drunk Driver Accident

Wed, 22 Feb 2012 08:00:00 EST

Being charged with a DUI is overwhelming and difficult under any circumstances, but when that DUI is the result of a drunk driver accident, you may face even more of an uphill battle. In Maryland, when an accident victim is seriously injured or sustains significant property damage as the result of a collision caused by a drunk driver, the DUI charges can be increased from a misdemeanor to a felony.

For this reason and others, it’s highly advisable that you reach out to a Baltimore County, Maryland, accident lawyer who has experience handling cases along the entire spectrum of DUI and accident-related law.

The full circumstances that can elevate a misdemeanor DUI to a felony DUI include any or a combination of the following:

causing an accident in which another individual sustains injury or serious property damage;
an additional DUI conviction within the last 7 years;
driving 20 mph or more over the legal speed limit;
driving impaired with a minor under the age of 14 in the vehicle;
a blood alcohol content (BAC) in excess of .2%; and
refusing to submit to a BAC test.

Consult a criminal defense attorney in Maryland if you are charged with a DUI felony after an accident.

Contact a Baltimore County, Maryland, Accident Lawyer

When you don’t take action to protect your rights after you have been charged with a DUI, you can lose them. The drunk driver accident lawyer team from Jimeno Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 1-410-590-9401.

Is this Your Fourth DUI in Baltimore, Maryland? Drunk Driving Defense Can Prep You for Alcohol Education Program

Tue, 31 Jan 2012 08:00:00 EST

It can be very unsettling to be charged with a fourth DUI in Maryland. At this vulnerable time, understand that help is available at an experienced Baltimore, Maryland drunk driving defense law firm.

Preparing for an Alcohol Education Program

If it has been determined that you must attend an alcohol education program for rehabilitative purposes, you should receive a referral letter. You may be referred by a District Court judge or an Administrative Law judge.

You can prepare for an alcohol education program by doing the following:

contact a program provider to sign up for a session;
bring your referral letter to your session; and
if you lose the referral letter, contact the Maryland Motor Vehicle Administration office to get a duplicate letter.

You will have 90 days from the date printed on your referral letter to begin the program. When you successfully complete the program, you will receive a letter of verification. If you don't attend the program within the aforementioned 90-day period, you could lose your driving privileges.

To ease any anxiety you may have about your fourth DUI in Maryland, you should have a Baltimore, Maryland drunk driving defense law firm explain all of your options.

Contact a Baltimore, Maryland Drunk Driving Defense Law Firm

When you don’t take action to protect your rights after a Maryland DUI arrest or charge, you can lose them. The Maryland DUI lawyer team from Jimeno Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

How a Third DUI in Maryland Can Affect Your Life

Mon, 30 Jan 2012 08:00:00 EST

A third DUI in Maryland can be very costly, aside from the possible accompanying fines and jail time. Before you plead guilty, you should have an Anne Arundel County DUI lawyer review your case and help you take steps to possibly minimize the penalties.

The Effects of a Third DUI in Maryland

Having a third DUI on your record can affect you in many ways, including:

Major difficulty in getting to work with a suspended license. Depending on someone else for a ride or waiting for public transportation could lead to tardiness. If driving is part of your job duties, you may be fired.
It can cost you any future jobs that you may seek. Keep in mind that many employers do criminal background checks before hiring employees. They may turn you down if you have convictions, even if you're qualified for the position.
Your car insurance rates may increase. You will be classified as a high-risk driver, and it may be difficult to find a company that will insure you.

Your best bet after being charged with a third DUI is Maryland is to speak with an Anne Arundel County DUI lawyer to preserve your legal rights.

Contact an Anne Arundel County DUI Lawyer

When you don’t take action to protect your rights after a third DUI Maryland, you can lose them. The Anne Arundel County DUI lawyer team from Jimeno Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. We explain about DWI and DUI in our free eBook, The ABCs of DWIs in Maryland. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

When your Fourth DUI in Maryland Leads to an Alcohol Education Program

Sat, 28 Jan 2012 08:00:00 EST

If you have been charged with a fourth DUI in Maryland and your driver license was subsequently revoked, you will probably have to participate in an alcohol education program before you can apply for a new license. You will likely face stiff fines and possible imprisonment if convicted. To increase your chances of a favorable outcome, you should discuss your legal options with a Baltimore, Maryland drunk driving defense law firm.

Overview of an Alcohol Education Program

A typical 12-hour alcohol education program has a goal of helping you to avoid future DUIs and DWIs. The course also analyzes participants in an effort to determine whether there are any serious problems wtih alcohol abuse or dependency.

If it is determined that you have a serious problem with alcohol then there's a good chance that you will be required to undergo intensive therapy in a treatment program that may last 26 weeks.

To ensure that your rights are protected, you should have a Baltimore, Maryland drunk driving defense law firm advocate for your rights. With good legal counsel by your side, you may not have to face the maximum penalties of a DUI conviction, especially if you have been wrongfully charged with a fourth DUI in Maryland.

Contact a Baltimore, Maryland, Drunk Driving Defense Law Firm

When you don’t take action to protect your rights after a Maryland DUI arrest or charge, you can lose them. The Maryland DUI lawyer team from Jimeno Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

3 Viable Plea Options When Facing a Third DUI in Maryland

Fri, 27 Jan 2012 08:00:00 EST

You have several options if you are charged with a third DUI in Maryland and are facing harsh penalties, including jail time and the suspension of your license. One option is to schedule a consultation with an Anne Arundel County DUI lawyer. With good legal counsel by your side, you may be able to avoid maximum penalties if convicted.

3 Viable Plea Options for Your Third DUI in Maryland

You may choose to do any of the following:

plead guilty - by doing so, you admit to everything that you are charged with and you accept the penalties;
plead not guilty - you do not admit to the charges; you challenge Maryland to prove that you are guilty; and
accept a plea bargain - this typically is not an option for third-time offenders but depending on your circumstances it may be possible. This could lessen the penalty of jail time and bring about extended probation and other conditions.

Before you enter a plea, speak with an attorney. A lawyer can help you make the decision that will be best for your situation. It's important that you contact an attorney as soon as possible so evidence can be gathered and deadlines met to build an appropriate case on your behalf.

Contact an Anne Arundel County DUI Lawyer

When you don’t take action to protect your rights after your third DUI Maryland, you can lose them. The Anne Arundel County DUI lawyer team from Jimeno & Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. Get an idea of what will happen in your case first with our free eBook, The ABCs of DWI in Maryland. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

Avoiding a DUI in Maryland: Safe Driving Tips for the Holidays

Fri, 30 Dec 2011 08:00:00 EST

The holidays are a time to celebrate and be thankful, and in doing so, partygoers can sometimes get carried away. Here are some useful tips you can use to avoid a DUI in Maryland this year after holiday parties:

Don’t have more than 1 drink per hour. Your body only metabolizes alcohol at a rate of 1 drink per hour. This is an average and actual values vary from person to person.
Drink early in the evening, and switch to nonalcoholic drinks later in the night.
Avoid sobriety checkpoints. Most cities have checkpoints set up over the holiday season, in which they will randomly pull over drivers to check for signs of intoxication. Even if you’ve had only a little to drink, waited the appropriate time, and are under the legal limit, these traps are just that; traps. It’s best to avoid them altogether.
Use a designated driver. In a group, establish your designated driver, preferably a responsible person who you can trust to stay sober.
Take a cab. When in doubt, call a taxi service. You can always come back and retrieve your vehicle at a later time.

If you are stopped for a DUI and are arrested or charged, speak with a drunk driving defense attorney who has handled cases like yours and will help you get on with your life.

Contact Annapolis, Maryland Drunk Driving Defense Lawyers

When you don’t take action to protect your rights after a DUI in Maryland, you can lose them. The DUI Maryland defense lawyers from Jimeno & Gray include former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 888-903-5514.

Why is an SR-22 auto insurance form needed after a DUI in Maryland?

Thu, 29 Dec 2011 08:00:00 EST

When you are convicted of a DUI in Maryland, your license will be suspended for a period of 12 months, after which you will be required to carry SR-22 auto insurance on your vehicle for usually at least 3 years. If you have any questions or have recently been arrested for a DUI, speak to an Annapolis, Maryland drunk driving defense attorney who can help.

The SR-22 insurance certificate is required before your license is reinstated and can be added onto your pre-existing auto insurance policy, although you may have to go to a new policy with a new company, as a DUI charge will sometimes result in a loss of coverage.

In addition, if you allow your policy to lapse at all before your probation period ends, your license will be automatically suspended again, and you will likely face steeper fees to reinstate it.

If you have been arrested for a DUI in Maryland, turn to an Annapolis, Maryland drunk driving defense attorney who has years of knowledge about not only criminal law, but specifically the DUI legal system and the statutes that will directly apply to your case. Know that you do not have to go through this period in your life alone.

Contact Annapolis, Maryland Drunk Driving Defense Lawyers

When you don’t take action to protect your rights after a DUI in Maryland, you can lose them. The DUI Maryland defense lawyers from Jimeno & Gray include former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 888-903-5514.

Taking the Alcohol Education Program after a DUI in Maryland

Tue, 27 Dec 2011 08:00:00 EST

If you are convicted of a DUI in Maryland, you may be required to take a 12-hour Alcohol Education Program (AEP), an instructional course designed to assist those convicted of alcohol-related traffic offenses in their rehabilitation.

Taking the AEP will sometimes mitigate certain fines or other penalties that would otherwise be assessed, particularly if you are a first time offender. Speak with an Annapolis, Maryland drunk driving defense attorney about the specific details of your case and to determine if AEP might be a viable option for you.

When you are required to take an AEP, the Motor Vehicles Administration (MVA) will send you a referral letter that will provide you with instructions for how to enroll and attend a qualifying AEP.

In the event that you fail to complete the AEP by the date specified in the letter from the MVA, your driving privileges will be suspended and you will be contacted via mail with instructions to surrender your license and only after you have completed an AEP will you be eligible to apply for a new one.

If you’ve been charged with a DUI in Maryland, you are still entitled to certain rights throughout the legal proceedings pertaining to your case, and the sooner you involve an attorney in those proceedings, the more likely you are to receive a favorable outcome.

Contact Annapolis, Maryland Drunk Driving Defense Lawyers

When you don’t take action to protect your rights after a DUI in Maryland, you can lose them. The DUI Maryland defense lawyers from Jimeno & Gray include former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 888-903-5514.

What You Need to Know about Restricted License after a DUI in Maryland

Fri, 23 Dec 2011 08:00:00 EST

In instances in which you are charged on the suspicion of a DUI in Maryland, your first concern may be how you will be able to retain your driving privileges, or if you will be able to at all. For an evaluation of your case, speak to an Annapolis, Maryland drunk driving defense attorney who can help.

Once your license is suspended, your driving privileges are restricted, but you may be able to demonstrate hardship or a circumstance of need compelling enough to convince the courts to allow you to retain your driving privileges to the extent that you may drive to and from your place of work. These are called restricted licenses, and in addition, you may also be subject to having an ignition interlock device installed on our vehicle.

The state may also require you to attend an alcohol education program. If you violate the terms of the alcohol restriction on your license, you may have it completely revoked without the chance of driving with restricted permissions until the term of your suspension has been completed.

Losing your driver’s license after a DUI is stressful and potentially embarrassing, but an attorney with experience handling cases like yours can help to defray the impact this process can have on your life.

Contact Annapolis, Maryland Drunk Driving Defense Lawyers

When you don’t take action to protect your rights after a DUI in Maryland, you can lose them. The DUI Maryland defense lawyers from Jimeno & Gray include former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 888-903-5514.

Taking a Preliminary Breath Test in Maryland

Thu, 22 Dec 2011 08:00:00 EST

When you are stopped by a police officer on the street and are suspected of driving under the influence (DUI), you likely will be administered a preliminary breath test. If you have been arrested for a DUI in Maryland, speak to one of our Glen Burnie DUI defense lawyers.

You may be asked to perform field sobriety tests, physical exercises that law enforcement officers use to determine someone’s level of intoxication subjectively without administering a chemical test, prior to administering a chemical test. Know that you have the right to refuse to perform these tests, which oftentimes can be difficult to pass.

You also can refuse to take a preliminary breath test, but if you are confident of your sobriety and ability to pass, then taking one can serve as a quick way to diffuse the situation – otherwise, you will likely be taken back to the police station to take a breath test or some other chemical test.

If you have been arrested for drunk driving that you believe was not handled fairly, contact a team Glen Burnie DUI defense lawyers who have had experience with these types of cases and can successfully represent you.

Contact Glen Burnie DUI Defense Lawyers

When you don’t take action to protect your rights after a DUI arrest or charge from a failed or refused breath test in Maryland, you can lose them. The Glen Burnie DUI defense lawyers from Jimeno Gray include former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 1-888-903-5514.

Celebrities Convicted of DUI

Mon, 19 Dec 2011 08:00:00 EST

While blindly adoring fans might choose to overlook a DUI on the rap sheet of one of their favorite movie stars or celebrity musicians, drunk driving laws treat stars no less seriously than anyone else.

In 2011, celebrities like Jamie Pressly, Adam Kennedy of the Seattle Mariners, Matthew Rutler, Rick Springfield and Estella Warren all faced DUI charges.

As with all people, the circumstances of each DUI encounter were markedly different. Rick Springfield, for instance, was just slightly over the limit when he was pulled over, and Matthew Rutler was just slightly under (resulting in an early release). Jaime Pressly, on the other hand, had a blood alcohol content that was nearly 3 times the legal limit.

Estella Warren, an actress best known for her roles in Kangaroo Jack and Planet of the Apes, reportedly became involved in a physical altercation with the police and was booked with not only a DUI, but also resisting arrest and battery.

It doesn’t matter who you are -- drinking and driving carries consequences with it that can impact your life dramatically. If you are pulled over in Maryland on the suspicion of DUI, contact our Glen Burnie DUI defense lawyers for reliable, effective DUI representation.

Contact Glen Burnie DUI Defense Lawyers

When you don’t take action to protect your rights after a DUI arrest or charge from a failed or refused breath test in Maryland, you can lose them. The Glen Burnie DUI defense lawyers from Jimeno Gray include former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 1-888-903-5514.

Interlock Ignition Devices after Refusing a Breath Test in Maryland

Fri, 16 Dec 2011 08:00:00 EST

In some DUI cases, you may be ordered to have an alcohol breath-analyzed ignition interlock device installed in your vehicle for the purposes of monitoring your blood alcohol content (BAC), when you have been convicted of drunk driving in Maryland. In order to start the vehicle, you must breathe into the device, and if your BAC is above the legal limit, the vehicle will not start.

If you participate in the ignition interlock program, you are responsible for all associated costs, including the monthly maintenance cost. After the device is installed in your vehicle, you will be expected to go back once every 30 days to the service provider who installed your device. The device will record various pieces of information, such as:

Details of any instances in which your blood alcohol concentration was above the legal limit;
Times you attempted to start your car without blowing into the device;
Information or details of any attempts to bypass, tamper with or disconnect the device;
Distance traveled;
Times you started and stopped your vehicle; and
Any instances in which you either refused to take the rolling re-test or failed the test.

Depending on your record, even if you refuse to take a breath test, you may face strict penalties if you’re pulled over for DUI, and you should get in touch with Glen Burnie DUI defense lawyers.

Contact Glen Burnie DUI Defense Lawyers

When you don’t take action to protect your rights after a DUI arrest or charge from a failed or refused breath test in Maryland, you can lose them. The Glen Burnie DUI defense lawyers from Jimeno Gray include former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 1-888-903-5514.

Breathalyzer Kiosks in Bars Might Reduce Drunk Driving in Maryland

Tue, 13 Dec 2011 08:00:00 EST

In an effort to control the rising number of DUI arrests, a Buffalo-based company, Ladybug Teknologies, has launched a product known as the SipSmart Network, a kiosk that houses a police-grade breathalyzer. This kiosk is intended for bars so that patrons can monitor their blood alcohol content before they risk driving.

The system works by allowing users to check their BAC 3 times throughout the course of the night for $5. In order to use the kiosk, users must also purchase a reusable mouthpiece for about $.50 from a nearby dispenser that bears a striking resemblance to a gumball machine.

Ladybug Teknologies have launched the SipSmart Network at a bar in Canada and another in New York and complement existing products like a handheld breathalyzer and a smart phone application that social drinkers can use to log their drinks in real time and monitor their intoxication throughout the night.

To lure more users, Ladybug has started to incorporate coupons for deals at local bars and listings for cab companies in the area.

If you’ve been arrested for a DUI in Maryland, contact a team of Glen Burnie DUI defense lawyers who have handled DUI cases time and time again and will provide you with the dedicated and passionate defense your case deserves. You have a lot riding on your case; trust it to an attorney who will treat it with the same importance you do.

Contact Glen Burnie DUI Defense Lawyers

When you don’t take action to protect your rights after a DUI arrest or charge from a failed or refused breath test in Maryland, you can lose them. The Glen Burnie DUI defense lawyers from Jimeno Gray include former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 1-888-903-5514.

Drunk Driving in Maryland: How the Breathalyzer Works

Wed, 30 Nov 2011 08:00:00 EST

If you’re ever suspected of drunk driving in Maryland you may be asked to submit to a Breathalyzer test at the police department. Before you submit to this test, you can discuss your legal options with a DUI attorney in Glen Burnie, Maryland.

Understanding How a Breathalyzer Works

The purpose of the Breathalyzer is to measure your blood alcohol concentration (BAC). If you drink alcohol, it will be absorbed into your bloodstream, where it won’t be chemically changed.

As blood flows through your lungs, some of it will move across the membranes of the air sacs in your lungs, which can then be exhaled. As the alcohol is breathed out, it can be detected by a Breathalyzer. Since the alcohol concentration in your breath is connected to the alcohol concentration in your blood, the Breathalyzer can figure your BAC.

However, there are some factors that can make a Breathalyzer unreliable, including:

· the device works on the assumption that the air you exhale is from deep within your lungs;
· it doesn't measure your BAC in the same manner as a blood test;
· if you recently used mouthwash, you may get a false reading; and
· a low-carb diet can lead to a false reading.

It's best that you speak with a DUI attorney in Glen Burnie, Maryland, before blowing into a Breathalyzer. You stand to lose a lot if convicted of drunk driving in Maryland.

Contact a DUI Attorney in Glen Burnie, Maryland

When you don’t take action to protect your rights after a Glen Burnie DUI arrest or charge, you can lose them. The Glen Burnie DUI lawyer team from Jimeno Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

Drunk Driving in Maryland: What You Should Know About Roadside Tests

Mon, 28 Nov 2011 08:00:00 EST

You have rights that you should exercise if you’re ever accused of drunk driving in Maryland. For starters, you can refuse to submit to field sobriety tests, which can be difficult to perform under optimal circumstances. You also have the right to consult with a DUI attorney in Glen Burnie, Maryland.

Why Field Sobriety Tests May Not Be a Good Fit for Everyone

The trouble with field sobriety tests is that they’re awkward exercises that focus on concentration and dexterity in a tense environment. Take away the tense environment, and these exercises may still be difficult for some individuals.

Field sobriety tests are commonly carried out at night on the roadside making the driver already appear anxious and nervous. Meanwhile, the police officer is taking notes, documenting any fumbling or stumbling behavior. These notes could end up in court as evidence for the state of Maryland.

If you do anything right, it probably won't appear in the officer's notes. Therefore, it's not a good idea to submit to the field sobriety tests. By politely declining, you can avoid helping the police officer build a strong case accusing you of drunk driving in Maryland.

In the event that you’ve already taken the field sobriety test, don't be too concerned. The arresting officer could have administered the test improperly, based on protocols by the National Traffic Highway Safety Administration. It’s always best to discuss your legal options with a DUI attorney in Glen Burnie, Maryland.

Contact a DUI Attorney in Glen Burnie, Maryland

When you don’t take action to protect your rights after a Glen Burnie DUI arrest or charge, you can lose them. The Glen Burnie DUI lawyer team from Jimeno Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

Plan Your Maryland DUI Defense Ahead of Time to Avoid Disasters from Refusing a Field Sobriety Test

Fri, 25 Nov 2011 08:00:00 EST

If you're arrested under suspicion of Maryland DUI, you have the right to refuse a field sobriety test. You also have the right to speak to your Glen Burnie DUI lawyer for help preparing a Maryland DUI defense.

Overview of a Field Sobriety Test

The field sobriety test, often called a roadside sobriety test, is typically performed when a police officer suspects the driver is intoxicated.

When you undergo a field sobriety test (FST), you will be observed for:

physical ability;
balance;
attention level; and
other factors.

The FST generally consists of 3 parts:

Horizontal gaze nystagmus - observation of eye jerking and your ability to follow an object with your eyes.
Walk and turn - requires you to walk along a straight line, turn on 1 foot, and walk back.
One-leg stand - You must stand with 1 foot about 6 inches off the ground for about 30 seconds.

If you submit to the FST and fail, you may then be asked to take a Breathalyzer test, which you can also refuse. Keep in mind that you have legal rights and you can assert them when stopped on suspicion of a DUI. You can also get the assistance of a Glen Burnie DUI lawyer for your Maryland DUI defense.

Contact a Glen Burnie DUI Lawyer

A DUI on your record can have devastating consequences. When you don't take action to protect your rights after a Glen Burnie DUI arrest or charge, you can lose them. The Glen Burnie DUI lawyer team from Jimeno & Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

With No Maryland DUI Defense, You May Face Penalties

Wed, 23 Nov 2011 08:00:00 EST

If you are found guilty of DUI in Maryland, a judge may order you to have an ignition interlock system installed on your vehicle. However, if you have a solid Maryland DUI defense, you might be able to avoid this penalty. To preserve your legal rights, you should speak with a Glen Burnie DUI lawyer.

When you have the ignition interlock system installed, you will have to breathe into the device in order for your car to start. Newer versions of the tamper-proof device are comparable to the size of a cell phone. When you breathe into it, it will measure the alcohol in your system.

If your alcohol content registers above a pre-set limit, your vehicle will not start. When your alcohol content is below the pre-set limit, your car will start. Also, re-tests must be performed during the course of your drive in an effort to prevent you from having someone else start your car.

The interlock device is only one of the various penalties that a DUI in Maryland carries, you could also face:

fines;
jail time; and
the revocation of your license.

Your best bet is to contact a Glen Burnie DUI lawyer soon after you are suspected of driving under the influence. With an attorney's help, you may find a Maryland DUI defense tailored to your case.

Contact a Glen Burnie DUI Lawyer

A DUI on your record can have devastating consequences. When you don't take action to protect your rights after a Glen Burnie DUI arrest or charge, you can lose them. The Glen Burnie DUI lawyer team from Jimeno & Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Refusing Breathalyzer Test in a Second DUI Conviction in Maryland

Thu, 27 Oct 2011 08:00:00 EST

Even if it's your second DUI conviction in Maryland, you still have the right to refuse to take a breathalyzer test. Remember, though, doing this will result in an automatic license suspension for 180 days. It also means you'll be "presumed" to have been intoxicated.

DUI defense attorneys look at the situation of denying a breathalyzer test from many standpoints. Some may argue that if you weren't guilty of DUI, you should take the test because you have nothing to hide, while others may argue that you have the right to avoid unjustified testing.

The evidence provided from the reading on a breathalyzer test isn't iron-clad. There have been instances in which a DUI defense attorney can argue that the equipment was defective, improperly maintained or misused. You should not rely on this defense, however, as it takes a great deal of evidence to prove your claim.

There's no single answer to whether or not you should submit to a breathalyzer test when you're pulled over on suspicion of DUI. Remember that your first right with any traffic stop and police questioning is to have a lawyer present.

The penalties for a second DUI in Maryland can be more severe and last longer than those you faced in your first conviction. You should already know the importance of a good DUI defense attorney in seeking the protection of your right to a fair trial for your charges.

The Benefits of a Glen Burnie DUI Defense Attorney

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 1-410-590-9401.

Discussing Possible DUI Defenses with a Maryland DUI Defense Lawyer

Mon, 24 Oct 2011 08:00:00 EST

After you begin working with a Maryland DUI defense lawyer, he or she will carefully assess and investigate your case, and discuss possible strategies and defenses that might work for your DUI. In Maryland, there are several common mistakes that police can make, as well as equipment malfunction, which can spell disaster for your case.

Your attorney will investigate the situation, scope out any errors, and develop a strategy to use in your defense.

There are several possible defenses a Maryland DUI defense lawyer might use:

Invalid Traffic Stops - if the officer had no reason to believe you were engaged in criminal activity, then he or she had no right to stop you. An attorney might be able to show that the traffic stop was unconstitutional.
Inaccurate Breathalyzer - the attorney might find evidence that the breath testing device was not calibrated or maintained correctly, or that it was inaccurate.
Improperly Administered Sobriety Test - field sobriety tests are somewhat subjective and an attorney may be able to show that your test didn't account for important factors, such as nervousness, poor instructions, or environmental conditions.

Each case is unique, and you'll need to speak directly to an attorney to discuss the details of your particular situation. Getting arrested for DUI in Maryland doesn't automatically denote guilt. Contact a Maryland DUI defense attorney to discuss your defense options.

Contacting a Maryland DUI Defense Lawyer

Finding the right Maryland DUI defense lawyer is the first thing you'll need to do when faced with a DUI in Maryland. When you don't take action to protect your rights after a Maryland DUI arrest or charge, you can lose them. The Maryland DUI lawyer team from Jimeno & Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 888-903-5514.

Tips on Avoiding a Second DUI Conviction in Maryland

Sat, 22 Oct 2011 08:00:00 EST

Hopefully you've learned the dangers of being convicted of drunk driving in Maryland after your first conviction. Now that you're behind the wheel again, you need to be extra careful that you don't put yourself in danger of a second conviction.

5 Tips to Avoid a Second DUI in Maryland

Making good choices, along with the following tips, can avoid risking another traffic stop.

obey all traffic signals and rules;
wear your seatbelt and make sure your passengers do the same;
agree on a designated driver if you know you'll be drinking;
have the number for the local taxi service programmed into your phone in case you don't have other means to get home; and
don't take chances on driving, even after one drink.

While some of these tips may seem a little serious, so are the penalties associated with a second DUI conviction in Maryland. You've already experienced the frustration of license suspension, fines and jail time or community service from your first DUI; you certainly don't want to go through even harsher penalties for a second conviction.

If you've been charged with a second DUI in Maryland, you still have the same rights as you did during your first conviction. If you were wise to seek the help of a DUI defense attorney the first time, you'll know that their guidance is invaluable during the conviction process.

The Benefits of a Maryland DUI Defense Lawyer

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 1-410-590-9401.

3 Reasons You Need a Maryland DUI Defense Lawyer for Your DUI

Thu, 20 Oct 2011 08:00:00 EST

Getting a DUI in Maryland can be disastrous for you and your family. Because the stakes are so high, it's crucial to have a Maryland DUI defense lawyer to help see you through the case, and ensure that you get a fair trial.

There are certain types of cases that you may be able to get away with handling on your own; a DUI in not one of them. There are so many things (like your freedom) that are on the line, and you'll fare much better having an experienced attorney defending you.

There are 3 main reasons you'll want to hire a Maryland DUI defense lawyer:

Knowledge - do you really know exactly what your rights are surrounding a DUI? A defense firm will; they'll work to answer your questions and share their expertise with you so you don't inadvertently make costly mistakes.
Investigation - an attorney will be able to investigate your case and look for holes (like unreliable field sobriety tests) and competently present the evidence in court.
Better Outcome - an attorney will use their knowledge and experience with the criminal justice system, develop a suitable strategy, and resolve your case with the best possible outcome.

When you're facing a DUI in Maryland, it's natural for you to experience a degree of fear; emotions will definitely be high. You'll appreciate having a legal advocate during this time who will look out for your interests and make sure you don't accidentally damage your case.

Contacting a Maryland DUI Defense Lawyer

Finding the right Maryland DUI defense lawyer is the first thing you'll need to do when faced with a DUI in Maryland. When you don't take action to protect your rights after a Maryland DUI arrest or charge, you can lose them. The Maryland DUI lawyer team from Jimeno & Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation 888-903-5514.

Expired Tags Can Lead to a Traffic Stop and Your Maryland DUI Arrest

Thu, 29 Sep 2011 08:00:00 EST

Having an expired license tag, safety damage to your vehicle or driving with a suspended license can all warrant a traffic stop, which may be the reason behind your Maryland DUI. A Baltimore DUI defense team can help protect your rights for this charge.

Common Vehicle Safety Infractions that Lead to a Traffic Stop

While it's usually tough to disprove that you had an expired tag or suspended license that caused the traffic stop and resulted in your Maryland DUI, proving that you didn't violate vehicle safety regulations may be easier. Infractions include:

missing or burnt-out tail lights;
missing or damaged side-view mirrors;
improperly attached or dragging parts; and
missing critical parts (door, fender, etc).

The arresting officer needs to have proof that your vehicle was in violation of one of these rules for safe vehicle operation. If the officer can't show evidence, such as photographs or dashboard camera footage of your vehicle, with these safety violations visible, they may not have a valid reason for stopping your car.

It's difficult to challenge the word of a police officer when you've been convicted of DUI in Maryland. If you can prove that an invalid traffic stop occurred before your DUI charges were made, you may have a case where your rights were violated. Talk to an attorney first before you accept these charges and defend your rights!

The Benefits of a Baltimore DUI Defense Lawyer

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 1-410-590-9401.

Court Needs Evidence to Prove Your Maryland DUI Arrest was Valid

Wed, 28 Sep 2011 08:00:00 EST

At your DUI hearing, the officer will have to cite the reason he or she suspected you of driving while under the influence of drugs or alcohol. Without a valid reason for pulling your car over, it's difficult to accuse you of DUI in Maryland.

Types of Evidence Used to Prove Invalid Traffic Stop for DUI

dashboard camera footage;
witness testimony;
nearby surveillance camera footage; and
red light camera or toll booth records.

In the event that none of this evidence is available, it all boils down to your word against the officer's. These situations are rarely in the advantage of the accused, and without professional legal help, you may find yourself on the losing end of your DUI battle.

The evidence listed above can work in favor of either side. If the officer says you were weaving between lanes, but his or her dashboard camera footage can't prove this, you have a fighting case. Likewise, if you claim there was nothing wrong with your driving, but the footage shows suspicious driving behavior, your case may be lost.

You'll want to speak with an experienced legal professional about your Maryland DUI charges before you attempt to defend yourself. It's highly unlikely that a defendant can prove his or her traffic stop was invalid alone, but an attorney can help. Don't let your rights as a Maryland driver be violated by an invalid traffic stop that leads to DUI charges!

The Benefits of a Baltimore DUI Defense Lawyer

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 1-410-590-9401.

What to Do When You Shouldn't Have Been Pulled Over for DUI in Annapolis

Thu, 22 Sep 2011 08:00:00 EST

Police officers need to have a legitimate reason to pull a vehicle over for questioning. This is known as having "probable cause" for a traffic stop and it can form the basis of your defense if you are wrongfully charged with DUI in Annapolis.

Types of Driving Behaviors that Raise Suspicion of DUI in Annapolis

You may get pulled over if you are:

weaving over the lines;
erratically changing lanes;
driving too slowly;
failing to obey traffic signals;
suddenly stopping and accelerating;
speeding; or
following other vehicles too closely.

There are other reasons an officer may pull your vehicle over that are not related to your driving. An expired tag is a common cause for a traffic stop, and any visible problems with your vehicle (tail light out, broken mirror, etc) can raise concern.

If the officer had no probable cause to pull your vehicle over then there is a chance you can challenge the DUI charges. This is a very involved process that relies on evidence and testimony to do so, and you'll want the help of a DUI lawyer on your side. Many first time DUI offenders do not know their rights when it comes to lawful traffic stops, which is where your lawyer can make sure you're being fairly judged in your hearing.

The Benefits of a Maryland DUI Defense Lawyer

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Behavior is Important During a DUI Traffic Stop in Annapolis

Wed, 21 Sep 2011 08:00:00 EST

When you're dealing with a police officer after a DUI traffic stop, you need to be in control of your actions and emotions. You don't want any of your behavior to cause the officer to become more suspicious or angered.

Signs of DUI in Traffic Stop

During the initial contact face to face with an officer, he or she will be looking for any signs of intoxication including:

open containers;
slurred speech;
poor coordination;
bloodshot eyes; and
alcohol odor in car or on your breath.

These factors can be considered "reasonable suspicion" that you're under the influence of alcohol and may be guilty of DWI or DUI. This will normally prompt the officer to investigate further, including questioning or testing for intoxication.

Remember that you don't have to answer any questions without consulting with your attorney first. You also don't have to consent to the roadside sobriety tests, but the officer must have informed you of the penalties that come with test refusal.

As you can see, a first offense DUI stop in Maryland can be a complicated and scary experience for anyone. The basic thing to remember is that you have the right to an attorney before you accept any charges brought against you. Without proper legal help you could be facing unfair penalties and losing your right to a fair trial.

The Benefits of a Maryland DUI Defense Lawyer

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Common Mistakes to Avoid After Maryland DUI/DWI Arrest

Tue, 30 Aug 2011 08:00:00 EST

A DUI or DWI in Maryland can have serious ramifications on your life if not handled properly - and quickly - after your arrest or charge. A Maryland DUI/DWI charge can not only land you in jail or leave you with steep fines, but it can also strip you of your driving privileges. Speak with an Annapolis DWI defense lawyer who will fight to ensure the state meets every burden of proof required by law.

After your arrest, avoid the following mistakes:

deciding to represent yourself instead of hiring an Annapolis DWI defense lawyer;
failing to file for an MVA hearing to fight for your driving rights;
failing to take the proper steps to prepare for your case, such as preserving evidence;
relying on the advice of your non-attorney friends;
ignoring your court date or not appearing at your MVA hearing;
representing yourself at your MVA hearing - an attorney can represent you both in court and at your MVA hearing;
hiring an attorney who does not traditionally handle Maryland DUI/DWI cases.

If you have been arrested for a Maryland DUI/DWI, do not waste any time in contacting an Annapolis DWI defense lawyer. Your rights and driving privileges hang in the balance, and the worst mistake you can make is to delay the process of restoring your rights.

Contact an Annapolis DWI Defense Lawyer

When you don't take action to protect your rights after a DUI or DWI in Maryland arrest or charge, you can lose them. The Annapolis DWI lawyer team from Jimeno & Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401 or 888-903-5514.

What to Do After a Maryland DUI/DWI Arrest

Thu, 25 Aug 2011 08:00:00 EST

If you've been charged with a DUI or DWI in Maryland, you are facing serious penalties, among them a loss of your driving privileges. To mitigate the damage a Maryland DUI/DWI charge can have on your driving record and on your future, speak with an Annapolis DWI defense lawyer immediately.

In addition to contacting an attorney, pursue the following:

File for a Motor Vehicle Administration (MVA) Hearing within 10 days of the arrest. The fee will be $125.00 and if you fail to include the fee, your request will be automatically denied.
Keep the Officer's Certificate and Order of Suspension (DR-15A) you were given when your license was taken. This will serve as your temporary license and is valid for 45 days.
Attend your MVA hearing and your court date. These are separate from one another, so going to one does not mean you don't have to go to the other, even if you get a favorable outcome.
Remember that the burden is on the State to prove that you were driving under the influence - it is not on you to prove that you weren't. An Annapolis DWI defense lawyer can defend your rights and put holes in the State's case against you by pointing out inconsistencies you may not have noticed.

Contacting an attorney after a DUI or DWI in Maryland is your best defense against getting the maximum penalties for a Maryland DUI/DWI.

Contact an Annapolis DWI Defense Lawyer

When you don't take action to protect your rights after a DUI or DWI in Maryland arrest or charge, you can lose them. The Annapolis DWI lawyer team from Jimeno & Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401 or 888-903-5514.

Consequences of a DWI in Maryland

Tue, 23 Aug 2011 08:00:00 EST

If you've been arrested for a DWI in Maryland, you may wonder how this charge differs from a DUI in Maryland or what kinds of penalties you may face. As these sentences can vary, you should speak with a DUI defense lawyer in Severna Park, Maryland about the specifics of your case and what can be done to mitigate the damage to your driving privileges.

The exact sentencing you face can depend on a number of different factors, such as how many prior alcohol-related offenses you've been convicted of, whether or not you refused a breathalyzer or blood test, what your blood alcohol concentration (BAC) was at the time you were pulled over, if you were transporting a minor, and whether or not you caused an alcohol-related accident.

First Offense of DWI in Maryland

Although a lesser penalty from a DUI, a DWI carries harsh charges that can impact your life.

A minimum of a 45 day suspension of your license;
8 points against your license;
$500 in fines; and
2 months in jail.

Second offenses carry heavier penalties, and you could face up to a year in jail. That's why it's important to talk with a DUI defense lawyer in Severna Park, Maryland to discuss your legal rights.

Contact a DUI Defense Lawyer in Severna Park, Maryland

When you don't take action to protect your rights after a DUI or DWI arrest or charge, you can lose them. The DUI lawyer team from Jimeno and Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 1-888-903-5514.

When You Know to Trust Annapolis DWI/DUI Defense Attorney

Mon, 15 Aug 2011 08:00:00 EST

It may sound trivial, but trust is one of the main considerations you need to make when choosing an attorney to defend you in your Maryland DUI case. Not only do you need to trust that they'll do the best job they can at protecting your rights, but also that they have the knowledge to do so.

Before you agree to allow an attorney to represent you, you should be asking them questions relating to your case. To establish a good degree of trust, see what their thoughts are on important elements of your needs such as:

What are some of the main difficulties you see in defending my case?
Have you tried a case similar to mine, and what was the outcome?
How will you keep me informed about my case's progress?
Are you going to handle my case personally and if not, who will and what are their qualifications? and
What kind of outcome do you expect in my case?

Vague or simple answers to these questions, or avoiding them completely, could be a sign that the attorney isn't right for the job.

Trust is just one of the many factors you need to consider when choosing an Annapolis DWI/DUI defense attorney. Before agreeing to legal representation, make sure that your attorney has your best interests in mind, when it comes to defending your rights.

The Benefits of an Annapolis DWI/DUI Defense Attorney

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 888-689-8769.

Is your attorney experienced enough to handle your Maryland DUI defense?

Tue, 09 Aug 2011 08:00:00 EST

The number of years an attorney has been in practice could matter little to your case if those years weren't spent defending against DUI in Maryland convictions. Experience isn't just a matter of years practicing law; it's a matter of handling cases similar to yours.

The more experience an attorney has with cases of DUI in Maryland the more they understand how the DUI laws and unique circumstances of each case can impact the penalties a driver faces. When you're seeking to avoid maximum penalties for your DUI charges you'll need an attorney who has dealt with similar situations.

Before hiring an Annapolis DWI/DUI defense attorney you should ask some questions such as:

What is your history of taking cases to trial?
How much of your legal work is devoted to DUI defense? and
Have you handled a case like mine before?

Experienced attorneys will be able to answer these questions easily and with confidence. Beware of attorneys who say they see your case as a new experience to try - this means they're going into areas of law they're not familiar with.

A criminal defense attorney may not be enough to understand all the nuances of Maryland DUI law, but a DUI defense attorney will be focused specifically on your area of law. Before hiring an attorney to defend you in your DUI case you should consider if they're the right fit for your needs.

The Benefits of an Annapolis DWI/DUI Defense Attorney

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 888-689-8769.

Where A DWI Case Is Heard Can Impact The Sentence You Receive

Fri, 29 Jul 2011 08:00:00 EST

A recent article in USA Today highlights what most DWI defense attorneys know- that the jurisdiction in which the case is heard can have an impact on the sentence that a DWI defendant will receive. Highlighted in the article is the case of former University of Michigan and NBA star, turned ESPN commentator, Jalen Rose. Mr. Rose recently pled guilty to his first DWI and was sentenced to 20 days in jail, a sentence which his lawyer called "a miscarriage of justice." The article goes on to discuss that there are no recognized guidelines to be used for sentencing DWI defendants.

Throughout Maryland there can be a great disparity between what sentence a DWI defendant will receive one jurisdiction versus a similar defendant in another jurisdiction. In fact, there can often be a difference within courthouses as to how different judges will sentence a defendant. This is yet another reason why it is important to hire an experienced DWI defense attorney to handle your case.

Click here to view the article in its entirety.

How To Request An MVA Hearing Following A Maryland DWI Arrest

Wed, 27 Jul 2011 08:00:00 EST

Following an arrest for a DWI/DUI in Maryland, one of the issues you will have to deal with is the potential suspension of your driver's license. The type and length of suspension will depend on whether you took or refused a breath or blood test and what the results of the test were.

Under certain circumstances you could be entitled to receive a modified suspension to all you to drive for limited purposes, such as to drive to and from work, during the course of your employment and to and from your alcohol treatment classes. However, the only way to obtain a modified suspension is if an Administrative Law Judge permits the issuance of such a license as a result of an MVA hearing. There is no other way to obtain a modified suspension for these purposes.

Thus, it is vitally important to understand how to request a hearing. Following your arrest, the police officer will issue you a hearing request form that contains detailed instructions as to how to request a hearing. For more detailed information about how to request an MVA hearing following a DWI/DUI arrest, click here.

You're Innocent until Proven Guilty in a Maryland DUI Case

Wed, 27 Jul 2011 08:00:00 EST

An arrest for a Maryland DUI doesn't automatically mean you're going to jail and other penalties. It may be a frustrating and scary event but, if you keep your cool and handle it rationally, you can improve your outcome. To start your case with an advantage, contact a DUI attorney in Glen Burnie, Maryland, as soon as possible.

Your attorney will bring a calm level of rationale to the situation and help prevent you from damaging your case. If you don't approach your DUI defense rationally you may be missing critical clues to proving your case. The biggest mistakes made, in defending against DUI charges, are by the defendant acting on emotions.

An experienced DUI defense attorney will have dealt with cases similar to yours in the past. This allows them to explore all avenues of defense that you can use to make sure you're getting a fair trial for your charges. Those convicted of DUI who don't seek an attorney's help in their case often end up facing unnecessary charges and higher penalties than those who exercise their right to an attorney.

You're not automatically guilty when you're arrested for DUI in Maryland. You first must be given a fair chance to defend yourself against the charges. To give yourself an advantage in this situation, get in contact with an experienced DUI attorney in Glen Burnie, Maryland.

The Benefits of a Maryland DUI Defense Lawyer

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 888-689-8769.

Knowing When You'll Encounter a Sobriety Checkpoint in Maryland

Thu, 21 Jul 2011 08:00:00 EST

There's no law stating that law enforcement must inform drivers of when and where sobriety checkpoints take place; however, most areas do announce them on local media channels, such as radio and television. You can also expect to see more checkpoints around holidays, such as the Fourth of July.

Social media is also helping drivers spread the word of sobriety checkpoints. Drivers who come upon a sobriety checkpoint often send out notices from their mobile phone to friends and family. Some areas have even established groups on Facebook or Twitter feeds to alert locals of checkpoints and speed traps.

When you're approaching a DUI checkpoint, you'll typically see electronic signs stating this information, which may indicate that you're about to enter a long line of cars all waiting to pass through the evaluation. Patience is important - aggressive behavior is often a reason that police pull drivers aside for further review.

Also, when cities announce crackdowns on traffic accidents, drunk driving, or other vehicle misconduct, you can expect to see more instances of sobriety checkpoints. Sobriety checkpoints are most common in high-traffic areas, especially near restaurants and bars or roads leading from festivals and events.

Knowing how to handle a sobriety checkpoint in Baltimore is important in your DUI case. If you're arrested at a checkpoint you need to make sure that none of your rights to fair treatment were violated. A Baltimore DUI attorney can help you protect your rights.

The Benefits of a Maryland DUI Defense Lawyer

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

NFL Stars Hines Ward And Lorenzo Neal Arrested On DWI Charges

Sat, 09 Jul 2011 08:00:00 EST

Pittsburg Steelers star wide receiver Hines Ward was arrested in Georgia for suspicion of driving under the influence of alcohol in the early morning hours of July 9, 2011. Details of the incident have not yet been released.

Hines Ward was the second football player to be arrested this week, following the arrest of former San Diego Charger and Baltimore Ravens fullback Lorenzo Neal. Mr. Neal was arrested in California after the vehicle he was driving left the roadway and struck a pole. To make matters worse, Mr. Neal is a spokesman for Safe Ride Solutions, a company dedicated to DUI prevention. Mr. Neal’s status as a spokesman for a DUI prevention company has drawn media criticism following his arrest, and has even been referred to as a "hypocrite" by The Baltimore Sun.

The arrests of Hines Ward and Lorenzo Neal show that nobody, including star athletes, are immune from drunk driving laws. It is very easy for persons with their status in the community to believe they are above the law and drive after consuming too much alcohol.

As DWI defense attorneys, our clients often tell us that a DWI arrest was the best thing that ever happened to them, as it taught them a valuable lesson about getting behind the wheel after drinking alcohol. We hope that Mr. Ward and Mr. Neal have learned similar lessons and that they will be more careful in the future.

Long Term Consequences in a DWI/DUI Conviction in Maryland

Thu, 30 Jun 2011 08:00:00 EST

After being charged with a DWI/DUI conviction in Maryland you should be prepared for the worst. There are numerous paths that the sentence for your conviction could take. An Annapolis, Maryland DWI defense lawyer can help immensely.

Some results of your DUI charge may include jail time, probation or fines; however, there are also permanent effects that a DUI charge may have on your life.

Some Long Term Consequences for DWI/DUI Conviction in Maryland:

permanent documentation of the incident on your driving record;
points added to your license;
increased costs for your insurance policy;
documented offense on your criminal record; and
jeopardy in your current profession.

A DWI conviction will remain on your driving record permanently. There are no alternative options such as community service or driving school that can expunge it from your record. This will follow you regardless if you move to a new state or practice years of safe driving after the incident.

Additionally, this charge will also appear on your criminal record. This is because a DUI is considered to be a criminal offense; depending on the particular case this may be a misdemeanor or a felony. Seek an Annapolis, Maryland DWI defense lawyer to learn more about a DUI/DWI conviction in Maryland. For legal advice, an Annapolis, Maryland DWI defense lawyer can help.

Pursuing legal action against a DUI conviction can be stressful and confusing. When you don't take action to protect your rights after a DWI/DUI conviction in Maryland or charge, you can lose them.

The Annapolis, Maryland DWI lawyer team from Jimeno & Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Short Term Consequences of DWI/DUI Conviction in Maryland

Wed, 29 Jun 2011 08:00:00 EST

Do not underestimate the severity of a DWI/DUI conviction in Maryland. These charges are serious and complex as they are made up of various penalties and consequences. An Annapolis, Maryland DWI defense attorney can go over the full spectrum of possible consequences with you and answer questions you may have about which penalties may apply to your case.

There are short and long term affects that can result from a DUI charge. These can be as minimal as a fine or as detrimental as costing you your job.

Your Maryland DUI sentence may include jail time or a period of probation. The duration of these consequences will vary depending on the specific circumstances of your case. For example, an individual that was convicted with a minimal blood alcohol content (BAC) may have a much shorter sentence than another driver whose BAC was 3 times as high.

Some additional short-term consequences may include fines or license suspension. Again, the severity of these will rely on the specific parameters of your particular case.

Regardless of whether your case is dealing with a small fine or a year-long jail sentence for your DWI/DUI conviction, an Annapolis, Maryland DWI defense attorney can help. Your attorney will work with you to make sure your case is as strong as possible to result in the most reasonable sentencing by the court.

Take action immediately. When you don't take action to protect your rights after a DWI/DUI conviction in Maryland or charge, you can lose them. The Annapolis, Maryland DWI attorney team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Howard County Police Announce Seven Sobriety Checkpoint Arrests

Sat, 25 Jun 2011 08:00:00 EST

Howard County police today announced the arrest of seven drivers for suspicion of driving under the influence of alcohol during a sobriety checkpoint during the evening of June 24 thru the early morning of June 25 at the Midway Plaza near Route 1 and Route 19. In addition, several other drivers were arrested for other criminal offenses ranging from drug possession and driving on a suspended license.

If you have been charged with a DWI or DUI as a result of being stopped at a sobriety checkpoint, download our free book, “The ABCs of DWIs in Maryland.”
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Do You Know How To Hire A Maryland DWI Lawyer?

Fri, 24 Jun 2011 08:00:00 EST

This might sound like a simple question but the answer is very complex. In the age of the internet, people have instant access to a lot of information and reviews for every type of product available to a consumer, ranging from refrigerators to cars. Unfortunately, there is not a lot of information telling you how to hire an attorney if you have been charged with a DWI or DUI in Maryland.

The lawyer advertisements on the internet, in the phone books and in the mail don't help you figure out who would be the best attorney to handle your DWI case. All of the advertisements say basically the same thing- Free consultation, I am tough, etc. Does any of this really help you even ask the right questions of a DWI defense lawyer if you were to have one of those consultations? Do you know what makes someone a good DWI defense lawyer as opposed to someone who sets up a website and claims to handle these types of cases?

The former DWI prosecutors at Jimeno & Gray have written a book, "The ABCs of DWIs in Maryland" which includes a guide to hiring a DWI lawyer. This guide provides you with the essential questions you must ask any lawyer who wants to take your case.

You can click here to order a FREE copy of this book as an immediate download to your computer.

Uncalibrated Breathalyzers May Produce Erroneous DUI Convictions

Tue, 31 May 2011 08:00:00 EST

A roadside breathalyzer unit is a highly sensitive piece of equipment that takes a great deal of care and maintenance to properly maintain accuracy. Officers should be trained in the administration of this test, but also in the maintenance of the machine as well.

Failure to regularly calibrate a breathalyzer machine can result in an inaccurate measurement of your blood alcohol level. This can lead to erroneous arrests for DUI/DWI in Howard County. Unfortunately, many drivers believe the results of this test are unarguable and a sure conviction in court.

A Maryland DUI defense lawyer with experience in fighting breathalyzer evidence will know the right questions to ask about the upkeep of the breathalyzer unit. The maintenance records for the unit should be available, and they may question the officer's training in using and maintaining their breathalyzer.

If there are any suspicions that the breathalyzer results were compromised, your lawyer may be able to have that evidence dismissed from your case. This can help reduce the charges against you or even have them dropped due to lack of compelling evidence of DUI.

There are many ways that the results of field sobriety tests can be misleading. You have specific rights in regards to FSTs that protect you from self-incrimination or erroneous results. Your Maryland DUI defense lawyer can help you deal with these issues in your DUI case.

The Benefits of a Maryland DUI Defense Lawyer

When you don't take action to protect your rights after a Maryland DWI/DUI arrest or charge, you can lose them. The Maryland DUI defense lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Howard County criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Could you even pass a field sobriety test while sober?

Tue, 31 May 2011 08:00:00 EST

The physical field sobriety tests commonly shown in TV shows and movies are often exaggerated when drivers fail them, but the tests themselves are actually fairly accurately portrayed.

The 3 most common tests you'll see performed roadside are:

walk and turn;
one leg stand; and
horizontal gaze nystagmus.

The first two are designed to check your coordination and ability to follow simple directions. The problem with these tests is that they are easily influenced by a number of conditions. Environmental conditions like uneven or loose pavement and windy or rainy weather can cause a driver to falter even if they are sober.

Many medical conditions can also impair the physical aspect of these tests. If you have an unstable leg or suffer from joint or muscle problems you can easily fail these tests. Your emotions can play into the accuracy of the tests as well. You are in danger of being arrested and you may be frustrated, upset, scared or otherwise emotionally compromised, which may harm your performance on these tests.

The horizontal gaze nystagmus test, also known as the eye test, is when the officer uses a flashlight to track your eye's involuntary movement. An officer must be properly trained in administering and evaluating this test properly, and even then mistakes can be made. Some medical conditions can also cause involuntary eye twitching and skew the evidence.

There are many ways field sobriety tests can cause false accusations of driving while intoxicated. You should be familiar with the Maryland DWI/DUI laws and know your rights when it comes to field sobriety tests and how they impact an arrest for drunk driving.

The Benefits of a Maryland DUI Defense Lawyer

If you don't take action to protect your rights after a Maryland DWI/DUI arrest or charge, you can lose them. The Maryland DUI defense lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Howard County criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Maryland Drunk Driving Laws Carry Strict Penalties for Repeat Offenses

Sat, 30 Apr 2011 08:00:00 EST

There's no doubt about it-Maryland drunk driving laws are tough all around. While they're especially tough on first time offenders and even have the potential to result in jail time, the reality for repeat offenders is even more grim.

Take a look at the following penalties, based on repeat offenses for DUI and DWI in Maryland:

2^nd Offense, DUI (driving under the influence of alcohol) - up to 2 years jail time (or 3, if you were transporting a minor at the time of arrest); 1 year license suspension if your secondary offense occurred within 5 years, ignition interlock program installation and up to $2,000 fine (or $3,000, if you're transporting a minor).

2^nd Offense, DWI (driving while impaired/intoxicated) - up to 1 year in jail, at least a year license suspension and up to $500 fine ($2,000, if you were transporting a minor).
3^rd Offense, DUI - up to 3 years in jail (or 4, if you were transporting a minor), up to 18 months license suspension, up to $3,000 fine (or $4,000, if you're transporting a minor).

Penalties for DUI or DWI in Maryland can significantly alter your life. In addition, prosecutors tend to be tougher for repeat offenders, often asking for the highest possible penalties under Maryland drunk driving laws. It's in cases like these you'll definitely want the help of a Glen Burnie, Maryland DUI defense lawyer to guide you through your entire case and to make sure your rights are taken into consideration.

Contacting a Glen Burnie, Maryland DUI Defense Lawyer

When you don't take action to protect your rights after a Maryland DUI arrest or charge, you can lose them. The Glen Burnie, Maryland DUI defense lawyer team from Jimeno Gray includes former Assistant State's Attorneys who really understand the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Lane Changes: Normal Behavior by Day, Cause for DUI in Maryland by Night

Sat, 30 Apr 2011 08:00:00 EST

Changing lanes is a very normal driving activity. Drivers do it all the time, whether it's on the interstate, busy city streets or even the road in front of your office. What is typically acceptable behavior by day can very well become the basis for your DUI charge in Maryland during the nighttime.

Be aware that officers may use lane changes as a reason to pull you over during nighttime hours, specifically if they are more suspicious of drivers' alcohol use. But in order for a traffic stop to result in a charge for DUI in Maryland, the officer must take inventory of your behavior not just before the stop, but during and after.

Your Glen Burnie, Maryland, DUI lawyer will tell you that engaging in seemingly bad driving habits such as lane changing is not always enough to land you with a DUI. In fact, this charge doesn't always stand up in a court setting, as the safety of the lane change is subjective to you, the driver. Unless your lane change resulted in an accident, you may be able to avoid this unfair conviction.

When your DUI in Maryland is based on shaky circumstances such as these, it's in your best interests to work on your case with the help of a Glen Burnie, Maryland, DUI lawyer with experience in the state's DUI laws. Because of your lawyer's background, he or she will be able to quickly gauge the strengths of your case and advise you on how to proceed.

Contacting a Glen Burnie, Maryland DUI Defense Lawyer

When you don't take action to protect your rights after a Maryland DUI arrest or charge, you can lose them. The Glen Burnie, Maryland DUI defense lawyer team from Jimeno Gray includes former Assistant State's Attorneys who really understand the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Maryland Drunk Driving Laws Can Impact Your Driver's License

Fri, 29 Apr 2011 08:00:00 EST

When you've been charged with a DUI or DWI in Maryland, you could face hefty fines, jail time and not to mention a smeared professional and personal reputation. Maryland drunk driving laws also impact your driver's license, which only complicates matters.

If you are convicted of DUI in Maryland, you could:

lose your license for 45 days;
receive up to 12 points on your license; or
have your licensed revoked.

Facing such consequences in regards to your driver's license can have a serious impact on your ability to transport yourself to work, home, school, etc. Imagine the repercussions this could have on your professional life, such as trying to find a way to tell your boss of your difficulty getting to the office.

In addition, even if you're not charged with DUI, you could face charges of DWI in Maryland. While this is the lesser of the 2 charges, if convicted, your license could be suspended for up to 6 months.

It's no surprise that Maryland drunk driving laws are tough, even on first time offenders. If you've been charged with a DUI or DWI in Maryland, don't leave your future to chance. When you consult with a Glen Burnie, Maryland DUI defense lawyer, you're taking the first step toward safeguarding your rights-both now and throughout your entire case.

Contacting a Glen Burnie, Maryland DUI Defense Lawyer

When you don't take action to protect your rights after a Maryland DUI arrest or charge, you can lose them. The Glen Burnie, Maryland DUI defense lawyer team from Jimeno Gray includes former Assistant State's Attorneys who really understand the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Speeding Increases your Chance for DUI in Maryland

Fri, 29 Apr 2011 08:00:00 EST

While traffic often flows a bit faster than posted speed limits in most areas of the country, choosing to speed gives officers the reasonable suspicion they need to pull you over for DUI in Maryland. Speeding is perhaps linked with DUI charges more than any other traffic infraction.

While many drivers may initially get pulled over for speeding, if the officer suspects DUI at all, drivers face an investigatory stop and unfair arrest, as reasonable suspicion gives officers the leverage they need to make criminals out of otherwise law-abiding citizens.

On the other end of the spectrum, it's important to understand that officers are trained to look for drivers who travel more than 10 miles per hour above or below the posted speed limit. What can be most frustrating is if you're lost and going a bit too slow, you may find your car subject to a stop. Pulling off the road completely to ask for directions could also warrant an investigatory stop and unfair charge for DUI in Maryland.

When you've been unfairly charged with a DUI in Maryland, you do have options. Your first step is to speak with a Glen Burnie, Maryland, DUI lawyer, who can take a closer look at the circumstances surrounding your stop to see if you were unfairly charged. In many cases, seeking the help of an attorney experienced in cases like yours can mean the difference between a police record and clean slate for the future.

Contacting a Glen Burnie, Maryland DUI Defense Lawyer

When you don't take action to protect your rights after a Maryland DUI arrest or charge, you can lose them. The Glen Burnie, Maryland DUI defense lawyer team from Jimeno Gray includes former Assistant State's Attorneys who really understand the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Can A Person Continue To Drive Following A DWI/DUI Arrest In Maryland?

Sat, 16 Apr 2011 08:00:00 EST

One of the first questions that a person arrested in Maryland for a DWI or DUI has is whether he or she can continue to drive following their arrest. If the driver either refused to submit to a breath or blood test or if the driver took a test, which resulted in a reading of .08 or above, the police officer will take the persons drivers license and issue a paper, temporary, license. The paper license will be called the Officer’s Certification and Order of Suspension.

This temporary license will permit the driver to continue driving for 45 days following the arrest without restriction. Unless the driver takes some action to either have the interlock installed on his or her vehicle or to make a timely request for an MVA hearing, any suspension imposed by the MVA will go into effect on the 46th day following the arrest. After the period of suspension has expired, the driver must return to the MVA to have a new drivers license issued.

If you or a loved one have been arrested in Maryland for a DWI or DWI, contact the Glen Burnie law firm of Jimeno & Gray at 888-903-5514 or click here to download a free copy of our book The ABC’s of DWI’s in Maryland.

Major Change To Maryland Traffic Court- Tell Your Friends!

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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?

Mon, 21 Mar 2011 08:00:00 EST

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?

Mon, 21 Mar 2011 08:00:00 EST

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?

Mon, 21 Mar 2011 08:00:00 EST

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?

Mon, 21 Mar 2011 08:00:00 EST

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?

Mon, 21 Mar 2011 08:00:00 EST

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?

Mon, 21 Mar 2011 08:00:00 EST

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?

Mon, 21 Mar 2011 08:00:00 EST

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:

You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
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?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
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

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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!

Mon, 21 Mar 2011 08:00:00 EST

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"

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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?

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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?

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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

Mon, 21 Mar 2011 08:00:00 EST

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.

Advice of Council

Mon, 21 Mar 2011 08:00:00 EST

How important is the advice of counsel? Well, at 1 am, after a difficult encounter with a police officer, it can be very important. But what happens if the police deny you your right to consult with a lawyer before you decide whether or not to take the breath test? That is an issue that has to be litigated both at the MVA and as part of the court process. If you refuse to take the breath test back at the station, or take the breath test and give a sample of greater than .08, it has big consequences both at the MVA and during the court trial.

Yesterday this came up in a case that will be heard by a jury next week. The Circuit Court Judge suppressed the advisement given by the police officer and the driver's refusal to take the breath test because he was denied the right to speak privately with an attorney. The police officer literally sat next to him during the phone call with the lawyer, and the lawyer couldn't get sufficient information to help the driver decide whether or not he should take the breath test. You are not only entitled to the advise of counsel, you are entitled to the effective assistance of counsel, meaning the conversation with the lawyer has to be meaningful and not unnecessarily interrupted or interfered with by the police.This is important because the refusal to take a breath test can be used against a driver at a trial. This means a judge or jury can infer someone refused to take the breath test because they believed they would fail it, a pretty powerful piece of evidence for the prosecution to use. With this result, the prosecution lost a peice of evidence against the driver, because the refusal will never be heard by the jury in this case, and they won't be able to draw any conclusions against the driver for his refusal to take the breath test.

The Use Of Videos During Traffic Stops

Mon, 21 Mar 2011 08:00:00 EST

Some police agencies across the state, most notably, the Maryland State Police and Maryland Transportation Authority Police Department, have installed video cameras in their patrol cars. The cameras normally begin recording once the officer or trooper activates his or her emergency equipment to make the traffic stop. At that point, everything that could be observed through the windshield of the patrol car will be captured on video. In addition, the officers should have microphones to capture the conversations between the driver and the officer during the traffic stop.

We have all seen videos on television or the internet showing either funny or scary moments from traffic stops. Aside from the entertainment value that these videos can provide, they also serve as an important tool in either prosecuting or defending alcohol related driving cases.Prosecutors can bring a traffic stop to life in the courtroom by playing the video from the patrol car. If the defendant has difficulty driving the vehicle and displays poor coordination outside the vehicle and during the field sobriety tests, the State has powerful evidence of guilt. Also, some police officers have difficulty in describing their observations at trial or have written such poor reports that by the time a case comes to court the officer is unable to recall exactly what occurred during the traffic stop. Thus, a video can solve these problems so that a judge or jury can see for themselves how intoxicated the driver was when stopped.On the other hand, a video can be used to come to the aid of a defendant. In a close case, perhaps one where the defendant did not submit to an alcohol concentration test, a video can be used to demonstrate that the defendant performed well on the field sobriety tests and otherwise displayed good coordination. The video can also be used to demonstrate that the arresting officer did not properly instruct the defendant on how to perform the field sobriety tests or that the police officer incorrectly reported how the defendant performed on the tests. Often, these videos show discrepancies between the officers report and what actually occurred on the side of the road. Officers who work for police departments that do not have cameras in their cars admit that they are happy they do not have the cameras, believing that the videos often help, rather than hurt, the defendant.Whether to seek the disclosure of a video and then whether to use the video at trial is something that a defendant and defense counsel must determine on a case-by-case basis. Most state's attorney's offices do not voluntarily provide the defendant with a copy of the video from the traffic stop, although the new Maryland Rules relating to discovery in criminal cases arguably require such disclosure. While many videos of traffic stops provide the defense with ammunition with which to attack the state's case, the decision to use the video must only be made after carefully reviewing all facts and circumstances of the case. The attorneys in our firm have had success in using these videos in defending drivers both in court and also at MVA hearings. These videos can serve as a powerful tool for defendants and their use must be considered in every case when they are available.

A Test You Can't Fail

Mon, 21 Mar 2011 08:00:00 EST

Field sobriety tests, unlike tests that someone might take at school or work, cannot be graded by giving someone a pass/fail grade. The police often like to refer to someone's performance on the field sobriety tests by saying that a person failed the tests; however, this conclusionaryopinion of the officer often fails to accurately explain how the detained driver actually performed during the tests.

As an example, I recently handled a case where the officer filled out on his Certification and Order of Suspension form, which is required to be submitted to the MVA to take action against the drivers license, that the driver performed the field sobriety tests with "negative result." In discovery, I obtained the detailed Alcohol Influence Report prepared by the officer. Upon review of this report, it appeared that the officer overstated the strength of the State's case in his Certification and Order of Suspension. In his Alcohol Influence Report, the officer could only document that the driver exhibited 1 clue in each of the the walk and turn and one leg stand tests. This means that out of a possible combined 12 clues of intoxication in these tests, the driver only exhibited a grand total of 2 clues.This matter went to trial in the Anne Arundel County District Court (Annapolis). The result of this trial was that the Judge found that the officer lacked probable cause to place my client under arrest for suspicion of driving under the influence of alcohol. As such, the State was unable to introduce my client's breath test into evidence and my client was found not guilty of all of the alcohol related driving charges.The lesson here is to not rely on the conclusions of the officer with respect to a drivers performance of field sobriety tests. It is imperative that you look into the specifics of what the officer will testify to with respect to the actual performance of the driver.

Determining your Blood Alcohol Level

Mon, 21 Mar 2011 08:00:00 EST

There are two types of tests used to determine your blood alcohol content (BAC):

Blood tests
Breath tests

Under Maryland law, the preferred test is a breath test and only in a few, limited, circumstances is a blood test permissible. A breath test involves providing at least two samples of air into a certified Intoximeter which must be conducted by a certified operator.What is your Blood Alcohol Level?Your blood alcohol level (BAC) evaluates the amount of alcohol in your blood stream. This is easily tested because alcohol is absorbed directly by your blood instead of being digested like food. Alcohol typically gets absorbed by your blood within 50 minutes of when you drink it.Alcohol travels to all of your cells through your blood stream. Once the alcohol reaches your brain, it impairs your reflexes and neurological functioning, causing you to become intoxicated.Breath TestsBreath tests are conducted at the local police station or barracks. A certified breath technician must conduct the test. The instrument will conduct a self test to ensure there is no alcohol present in the instrument itself. Thereafter, the instrument will sample a simulator solution to make sure that it is properly calibrated and, finally, will ask for a sample from the detained driver. This process will be repeated at least one additional time.Blood TestsBlood test results can be obtained in one of two ways. Under the proper circumstances, the police can have a driver submit to a "blood kit" test and the sample will be analyzed by a lab operated by the Maryland State Police. The officer will have a kit containing all of the equipment necessary for a nurse, or other person authorized to withdraw blood, to obtain the sample. The kit is then packaged and sent to the lab for analysis. The results of these tests are entitled to presumptions under state law which could either be beneficial, or detrimental to the driver.The second way that the blood test results can be obtained is through the use of a driver's medical record. If obtaining the blood results was pathologically germane to the driver's medical treatment, the results of any blood test conducted at the hospital which was done for the purposes of treatment would be admissible. However, unlike blood kit cases, there is no presumption under the law for the results of a blood test and, as such, the State would need to call an expert witness to interpret the blood test results.Jimeno & Gray P.A. Can HelpAt Jimeno & Gray P.A., we cater our defense to the specifics of your case so that we can help you receive the most favorable verdict possible.If you have been charged with a DUI in the state of Maryland, please contact Jimeno & Gray P.A. today to schedule an initial consultation.

Maryland DUI – First Offense vs. Second Offense

Mon, 21 Mar 2011 08:00:00 EST

In the state of Maryland, you can be convicted of four different types of driving under the influence charges: Driving Under the Influence (DUI), Driving While Impaired (DWI), Driving Under the Influence of a Controlled or Dangerous Substance and Driving Under The Influence Of Drugs And Or Alcohol. The penalties vary for each charge.

DWI PenaltiesYou can be convicted of Driving While Impaired (DWI) if your normal coordination is impaired by the consumption of alcohol. Further, if your blood alcohol level (BAC) is .07 the State has a prima facie case that you are impaired by alcohol. The penalties for a DWI are:First Offense

Maximum two months in jail

Maximum $500 fine

8 points on your license

Potential suspension of your license

Second Or Subsequent Offense

Maximum one year in jail

Maximum $500 fine

8 points on your license

Potential suspension of your license

DUI PenaltiesYou can be convicted of Driving Under the Influence (DUI) if your BAC is .08 or more or if your normal coordination is substantially impaired by the consumption of alcohol. The penalties for a DUI are:First Offense

Maximum one year in jail

Maximum $1,000 fine

12 points on your license

Potential suspension and/or revocation of your license

Second Offense

Maximum two years in jail, minimum five days if both convictions occur within a five year period

Maximum $2,000 fine

12 points on your license

Potential suspension and/or revocation of your license

Driving Under the Influence of a Controlled or Dangerous Substance PenaltiesA controlled or dangerous substance is anything other than alcohol or certain non-prescription drugs that impairs your ability to safely operate a motor vehicle. This can include illegal drugs as well as certain prescription drugs. The penalties are:First Offense

Maximum one year in jail

$1,000 fine

Potential suspension and/or revocation of your license

Second Offense

Maximum three years in jail

$3,000 fine

Potential revocation and/or of your license

The penalties for all of these charges become more severe if you are transporting a minor.Jimeno & Gray P.A. Can HelpAt Jimeno & Gray P.A., we have worked on both sides of DUI cases. As former Assistant State's Attorneys, we have prosecuted many DUI cases and understand the tactics used by the state's attorney's office to obtain a conviction. This knowledge has greatly helped us in our defense of DUI cases, and has enabled us to provide our clients with the highest quality service and the best possible strategies for reducing your sentence. We recognize that each case is different, and we strive to cater our defense to each individual client's particular situation.If you have been charged with a DUI, please contact Jimeno & Gray, P.A. today to schedule an initial consultation.

DUI vs. DWI: What is the Difference?

Mon, 21 Mar 2011 08:00:00 EST

In the state of Maryland, you can be charged with either driving under the influence (DUI) or driving while impaired (DWI). The amount you have had to drink will ultimately determine which charges are brought against you.

The DUI charge is more severe. In order to receive a DUI, you must have a blood alcohol level (BAC) of at least .08. The DWI charge is reserved for more minor infractions. You need to have a BAC of .07 to receive a DWI.The consequences for a DUI are a little more harsh. You will be fined a maximum of $1,000, receive up to one year in jail, and lose your license for 45 days. For a DWI, you will be fined no more than $500, your jail time won't exceed two months, and your license will be suspended for a maximum of 60 days.A DUI or DWI conviction will raise your insurance rates as well. Some insurance companies might even cancel your policy when they find out about your conviction.A DUI charge is very serious and will stay with you for the rest of your life. It is very important that you hire an experienced DUI attorney to help you through this ordeal. A skilled lawyer can help reduce your charges and penalties, and in some cases even get you an acquittal.At Jimeno & Gray, we have been specializing in DUI cases for years, dating back to our time as prosecutors in the district attorney's office. We know these cases inside out, and we understand the strategies used by prosecutors to secure a conviction. We can help minimize the damage caused by your DUI and help you move on with your life.If you have been charged with a DUI in the Annapolis, Baltimore, and Columbia, Maryland area, please contact Jimeno & Gray today to schedule an initial consultation.

You Don't Need to be Drunk to Get a DUI

Mon, 21 Mar 2011 08:00:00 EST

Did you know that you can get a DUI even if you're not drunk? Each year, many Americans are convicted of driving under the influence of drugs.

Police protocol for these cases is very similar to that of a typical DUI situation. If the officer suspects that you are under the influence of drugs, he will perform a series of field sobriety tests. If he is still suspicious after your performance on these roadside tests, he will detain you and offer you a blood alcohol level (BAC) test. In Maryland, the police can administer a blood test to determine the presence of drugs in your system.In the state of Maryland, the consequences for driving under the influence of drugs have some subtle differences from those related to a typical DUI or DWI arrest. However, in both cases, if convicted, you can expect to pay a fine, lose your driver's license, and potentially face some jail time.You can be charged with driving under the influence of drugs even if you are taking prescription medication, such as pain killers, that impairs your ability to drive. In order to avoid the charge, you must prove that you were unaware that the medication would impair your driving ability.In many cases, it is more difficult to prove guilt in a driving under the influence of drugs case. Many illegal substances take days, weeks, or months to leave your system. Therefore, it is hard to prove emphatically that you had been under the influence of a substance at that time simply by testing positive for it.As a result, it is extremely important that you consult an experienced DUI attorney if you have been arrested for driving under the influence of drugs. A lawyer who understands all the nuances of DUI laws will help you more effectively negotiate with the court to reduce your charges.If you have been charged with driving under the influence of drugs, please contact the offices of Jimeno & Gray. Our experienced staff will help you obtain the best deal possible.

Man Charged with DUI and Auto Theft in Washington County

Fri, 27 Jan 2012 08:00:00 EST

January 27, 2012 – Washington County, Md. - According to an article at CBSBaltimore.com, a man from Hagerstown is facing charges from crashing a stolen car in a county park.

Maryland State Police has reported that Benjamin Frederick Nelson, 28, crashed a luxury vehicle into a tree. He was charged in early January with driving under the influence of a controlled dangerous substance, auto theft, negligent driving, and several other offenses.

According to police, troopers were informed of a collision that occurred at Devil’s Backbone County Park on Sunday, January 8. They arrived on the scene shortly before 8 p.m. They reported that Nelson had hit a tree with a Jaguar and fled. As police investigated the wreckage, they were notified that the car was stolen.

Authorities arrested Nelson after they found him on foot on U.S. Route 40. Before he was charged, he was taken to a hospital to receive treatment for minor injuries.

If you have been charged on suspicion of a DUI or DWI, understand that you have legal rights. To explore your options, you should schedule a consultation with a Maryland criminal defense attorney who has handled many of these kinds of cases. You may be able to minimize your penalties, which could include fines and imprisonment.

Contact a Maryland Criminal Defense Attorney

When you don’t take action to protect your rights after a Maryland criminal arrest or charge, you can lose them. The Maryland criminal defense attorney team from Jimeno Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

Drug Boss Sentenced to 20 Years in Baltimore

Fri, 27 Jan 2012 08:00:00 EST

January 27, 2012 - According to an article in The Baltimore Sun, Steven "J.R." Blackwell, 27, was given a 20-year federal prison sentence on Friday, January 20 after striking a deal with prosecutors in the fall of 2011.

Blackwell, who led a drug conspiracy in East Baltimore, was linked to a street war with rivals. Although he wasn't charged with violent acts, it’s believed that his organization was involved in several shootings related to the April 2008 abduction of his brothers, who were teenagers at the time.

However, Blackwell still faces a life sentence. He was charged with managing a heroin conspiracy, valued at several million dollars, and money laundering through gambling.

Also convicted was Joy Edison, Blackwell's girlfriend and mother of their child. Prosecutors said another woman who was convicted, Tahirah Carter, helped in the delivery of drugs and money. She is appealing.

To strike a deal, Blackwell admitted that he bought heroin from a supplier in New York and sold it around the Pimlico area and other places. According to records, he gambled proceeds to launder $400,000. He frequented Caesar's Palace, MGM Grand, and the Venetian in Las Vegas. He also disguised his income by buying lottery tickets from winners.

Law enforcement authorities seized 8 of his properties, including 7 dilapidated row houses and the spacious home in Cecil County, where he lived.

If you believe you were wrongfully convicted in Maryland, a criminal defense attorney may help you get reduced charges.

Contact a Maryland Criminal Defense Attorney

When you don’t take action to protect your rights after a Maryland criminal arrest or charge, you can lose them. The Maryland criminal defense attorney team from Jimeno Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

Howard County Prosecutors to Appeal Maryland DUI Case

Thu, 26 Jan 2012 08:00:00 EST

January 25, 2012 – Baltimore, Md. - Prosecutors in Howard County are planning to appeal an alcohol-related DUI case in which charges were dismissed against a woman who was accused of driving under the influence, The Baltimore Sun reported January 19.

It had been ruled that law enforcement personnel had an illegal quota in place for citations to be issued. The deadline for the appeal is within 30 days of the ruling, which was handed down on January 5 by Sue-Ellen Hantman, a district judge. A Circuit Court will handle the appeal.

Mary V. Murphy, a deputy state's attorney for Howard County, said prosecutors will outline the details of their grounds for the appeal when it is filed.

The case in question involves a Howard County woman, 22, who was accused of speeding at 38 mph in a 25 zone. Her blood alcohol content, according to police was 0.17; the legal limit is 0.08.

The officer who arrested the woman was on "saturation patrol," which targets aggressive and drunk drivers. A grant, which financed saturation patrol, requested 2-4 citations per hour, per officer. If this request was not met, future funding would be at stake, said William McMahon, police chief for Howard County. He insists the department does not use quotas.

Contact an Maryland Drunk Driving Lawyer

When you don’t take action to protect your rights after a Maryland DUI arrest or charge, you can lose them. The Maryland drunk driving lawyer team from Jimeno Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. If you think you were unjustly arrested read our free eBook to educate yourself on DWI in Maryland. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

Maryland Men's Assistant Coach Arrested on Suspicion of DUI

Thu, 26 Jan 2012 08:00:00 EST

January 26, 2012 – Baltimore, Md. - According to an article in The Baltimore Sun on January 21, Dalonte Hill, Maryland's assistant men’s basketball coach was suspected of driving under the influence and arrested on Friday, January 20.

As a result, he was expected to sit out subsequent basketball games, pending further investigation. Mark Turgeon, Terps coach, announced the arrest, but he would not answer any questions about Hill, 33.

He was arrested shortly before 2 a.m. at Route 32 and Baltimore-Washington Parkway, court records indicate. According to WJLA-TV, he refused to submit to a field sobriety test.

In 2008, when Hill worked for Kansas State, he was also arrested on suspicion of driving under the influence. During that time he said, "I am embarrassed for the attention this has brought to our program.''

At Kansas State, Hill made his mark by recruiting top players. He was also among the highest paid U.S. assistant coaches. This is his first season coaching at Maryland, where his job duties include scouting opponents and helping guards improve their technique.

If you have been accused of a DUI in the Maryland, you should discuss your legal options with a Maryland drunk driving lawyer before you plead guilty and accept harsh penalties.

Contact an Maryland Drunk Driving Lawyer

When you don’t take action to protect your rights after a Maryland DUI arrest or charge, you can lose them. The Maryland drunk driving lawyer team from Jimeno Gray includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. We offer a free eBook on our site for your reference, The ABCs of DWIs in Maryland. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

Virginia Man Charged With DUI After Rear-ending Frederick Police Car

Wed, 20 Jul 2011 08:00:00 EST

July 20, 2011 - Frederick, Md - CBS Baltimore reported a Virginia man was charged with drunk driving and other traffic violations on the morning of Wednesday, July 6^th, after rear-ending a marked patrol car in Frederick.

The accused man, 26-year-old Kevin Dodds of Clifton, VA, was driving on U.S. 15 when he struck the rear end of a moving patrol car. Inside the police vehicle was Officer Keith Donovan who was on patrol when the accident occurred.

The impact sent Officer Donovan's vehicle across 4 lanes of traffic before it came to a stop on the left shoulder of the highway. He was taken to Frederick Memorial Hospital to be treated and has since been released. Dodds was arrested and charged with driving under the influence and other traffic violations.

There are many elements to a DUI case, including your residency, the county within which the arrest took place, and if you were charged with any other violations. In complex cases such as these, it's important to have a local Baltimore, MD, DUI defense attorney on your side.

The Benefits of a Baltimore, MD DUI Defense Attorney

When you don't take action to protect your rights after a DUI arrest or charge, you can lose them. The DUI lawyer team from Jimeno Gray includes former Assistant State's Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation - 410-590-9401.

Maryland Woman Charged 20 Years Imprisonment for DUI and Vehicular Manslaughter

Wed, 20 Jul 2011 08:00:00 EST

July 20, 2011 - Prince George's County, Md - A Beltsville woman who spent the last 17 months facing charges of DUI and vehicular manslaughter now knows her fate.

WJLA ABC7 recently reported a resolution to the fatal DUI car crash that took place on February 1, 2010. The victims, Roy Lacayo, 34, and Justo Rosario, 30, were pulled over on the roadside exchanging information after they were involved in a minor accident.

The men became victims of the fatal accident when Jenny Mate, 32, sped into the area, side-swiping one of the cars before crashing into the other with her 2005 Cadillac SRX. Both men died instantly, one having been dragged under Mate's vehicle until she stopped.

Police stated that Mate's blood alcohol level was almost twice the legal limit. During the trial, the judge reviewed her criminal record which showed 2 prior convictions for DUI, as well as a suspended license. The new charges, as well as consideration of her previous record, resulted in a 20 year prison sentence.

When you're arrested on charges for DUI your level of intoxication and your prior conviction history both play an important role in your current case. An experienced DUI attorney in Glen Burnie, Maryland, can help you understand your situation and determine the best defense strategy for your DUI case.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), there were 547 traffic fatalities in Maryland in 2009.

Occasionally, our firm will publish news stories about serious or fatal accidents in our coverage area in order to raise awareness about the types of crashes that can occur in our region.

Some of the most common types of motor vehicle accidents include:

collisions involving tractor trailers;
weather-related crashes;
single-vehicle accidents; and
distracted driver accidents and drivers who operate while under the influence.

If you or a loved one has been named in this blog and you would like for us to remove the posting, please contact us and we will accommodate your request.