Maryland Law Blog

The Baltimore Sun reported in an article on January 11, 2009, that alcohol may have been a factor in a fatal January 10 car accident in Carroll County. According to the Sun, 21-year-old Timothy Mahoney of Sykesville lost control of his vehicle early on the morning of January 10. Mahoney crossed over into the opposite lane of Route 32 and struck a truck driven by Richard Dixon, also of Sykesville.

Mahoney was pronounced dead at the scene and Dixon was treated for injuries at the Maryland Shock Trauma Center. Officers found an opened case of beer in Mahoney’s vehicle.

The Sun also reported that one of the witnesses to the crash, Brian Noyes of Eldersburg, had also been drinking. When deputies administered an alcohol test at the scene, Noyes’s blood alcohol concentration was 0.06, lower than the legal limit for intoxication.

Continue reading " Carroll County Alcohol-Related Collision Yields DWI/DUI Charges " »

Washington, DC, and Maryland share the distinction of having zero-tolerance for drunk driving. Although every state in the nation aggressively punishes driving under the influence of alcohol and drugs, Maryland and the nation’s capitol have taken the battle a step further by creating laws that undermine the national legal blood alcohol concentration (BAC) limit.

In most states, a driver can be charged with drunk driving if he or she is found to have a BAC of at least 0.08, the federally mandated limit. If a driver has a BAC of less than 0.08, no charges can be made. A few states—including Maryland and the District of Columbia—have weakened the BAC limit in the pursuit of a zero-tolerance policy and allowed police to charge drivers with drunken driving.

In Maryland, a driver can be charged with driving while impaired (DWI) if his or her BAC level is as low as 0.04 percent; however, if the driver is under the age of 21, no alcohol is permitted.

Across the border in the District of Columbia, police sometimes do arrest drivers with a BAC of 0.01 percent. The case of Debra Bolton, covered in an October 12, 2005, news story in the Washington Post, showed that in DC, even a single glass of wine with dinner can land a driver in a lot of trouble in a zero-tolerance zone.

A word of warning to drivers who cross the border often: In Maryland, the DWI charge is the lesser offense; in the District of Columbia, the lesser charge is driving under the influence (DUI).

In zero-tolerance states, it pays to be aware of the law before you get behind the wheel. If you have any questions about the drunken driving law, please contact Meng & Alpert, LLC, toll free at 866-444-6363. Our skilled Maryland drunk driving defense attorneys will examine your case and help defend your rights.

The Baltimore Examiner reports that the number of auto accidents in Maryland caused by teen drivers is declining.

Citing data from the State Highway Administration, the Examiner notes that from 2003 to 2007 the total number of fatal car crashes caused by drivers between the ages of 16-20 has decreased by 41. This decrease is a 66 percent decline in the total number of fatal crashes in which a teen driver was at fault.

The good news carries over to injury crashes caused by teenagers. State traffic statistics for the four-year period show a decline in injury accidents of over 50 percent. State officials point to the state’s driver’s license program, which allows young drivers to gradually get more experience behind the wheel. This results in more confident drivers able to handle the sometimes rapidly changing conditions behind the wheel.

In spite of this positive news, teen drivers remain some of the riskiest motor vehicle operators on the highways. A recent fatal car crash involving a Westminster teen illustrates this fact. The Baltimore Sun reports that 17-year-old Nicholas Byron died early in the morning of January 11, 2009, when he lost control of his SUV and collided with a telephone pole. Police investigators point to several causative factors in the crash—icy roads and excessive speed for the conditions.

Continue reading " Maryland Fatal Auto Accidents Involving Teen Drivers Decreasing " »

The Baltimore Sun reports that the Baltimore County police are searching for 26-year-old Warren Jerome Yates of Dundalk in connection with a fatal shooting.

Police allege that on January 7, 2009, Yates sold another man $4000 worth of marijuana. The other man passed Yates a roll of bills to pay for the drugs, but only one of the bills was real.

The purchaser fled when Yates discovered the ruse, then Yates drew a gun and fired two shots at the man.

One of the shots struck 58-year-old Shirley Worcester, a Middle River resident who was standing outside of her home. The bullet hit Worcester in the chest, fatally wounding her.

Police have issued a warrant for the arrest of Yates based on eyewitness accounts and crime scene evidence. In addition to first-degree murder charges, police have also charged Yates for weapons violations and drug charges.

A Maryland first-degree murder conviction relies on proving beyond a reasonable doubt that the act was premeditated and occurred during the commission of a limited range of felony crimes.

The state is obligated to be clear and deliberate in its actions so that the rights of the accused are observed at each step in the process of justice. To make sure your rights are protected, you need a skilled homicide defense attorney in Maryland who understands the extent of the law. Contact Meng & Alpert for legal guidance and representation at 866-444-6363 toll free.

As of the beginning of the New Year, mandatory DNA collection will be expanded in Maryland criminal cases, according to an Associated Press story released on wtop.com. Until January 1, 2009, Maryland officials routinely collected DNA samples from convicted felons. The new law dispenses with the conviction requirement and expands the types of crimes that will be subject to DNA collection. Now, Maryland officials will be able to obtain DNA samples from those merely facing violent crime charges or being charged with attempting to commit a violent crime.

The expanded Maryland DNA policy is legally troubling for many reasons. Both the ACLU and the NAACP strongly oppose the new regulations. These organizations highlighted their concerns in a letter to Terri Wilkin, DNA Relations Coordinator with the State Police. In their joint letter, the ACLU and NAACP underline concerns that the new laws will violate Fourth Amendment rights and could be used to discriminate against minorities. Also at issue is the potential for police officers to collect DNA samples at arrest before charging a person with a Maryland violent crime.

The ACLU is also concerned about DNA lab oversight. According to the Associated Press story, the Maryland regulations for laboratory oversight will not come online until late 2010. A December 2008 story from the Baltimore Examiner suggests that this oversight is needed now.

Continue reading " Maryland DNA Testing Expanded " »

It is an unfortunate reality of today’s world that teenagers are more often involved in weapons charges. From the Washington Post, we see the story of 17-year-old Patrick S. Yevsukov, who pleaded guilty on January 9, 2009, to charges stemming from the discovery last summer of firearms and explosives at the home of a friend, Collin McKenzie-Gude of Bethesda.

Given the highly-charged political climate calling for increased criminal penalties, teenagers in weapons cases are often charged as adults. In Yevsukov’s case, he was charged as a juvenile and eventually pleaded guilty to two counts of manufacture or possession of an explosive device, along with unauthorized access to a computer and theft.

McKenzie-Gude’s case is still pending. An earlier Post story details the efforts of the defense attorney for McKenzie-Gude, who asked that he be charged as a juvenile since the events associated with the crime took place while he was seventeen.

Continue reading " Teen Weapon Charges " »

A recent story from the Washington Post illustrates the need for persons charged with crimes to get good legal counsel and work within the system.

On January 11, 2009, the Post reported that Nathan Devine, a Manassas Park resident charged with reckless driving, decided to change his court date so he could raise money for fines. Unfortunately, instead of working within the legal system with the help of his attorney, Devine chose a more direct method.

He called up Maria Merlos, a friend who worked in the Prince William County District Court offices, and asked her to change the court date for him. When the ruse was discovered, Merlos and Devine were each charged with forging public records, and Merlos was also charged with conspiracy to forge public records. All of these offenses are felonies and are far more serious crimes than reckless driving.

Continue reading " From Reckless Driving to Forging Public Records " »

A story in the January 4th issue of the Washington Post reveals the unlikely targets of police surveillance—civil rights groups and peace advocates.

In 2005, the Maryland State Police began a program of surveillance as a “threat assessment of protests,” which the police anticipated at the executions of two convicted criminals. According to the Post article, the Maryland State Police initially treated the surveillance as a “low-risk training exercise.” However, the original purpose of the investigation grew blurred as more organizations were targeted by surveillance efforts.

By the time the surveillance activities were curtailed in 2007, the roster of organizations of interest to the Maryland Police included well-known activist groups such as Amnesty International and the People for the Ethical Treatment of Animals. Local protest groups—such as the Maryland Campaign to End the Death Penalty and anti-war groups at universities and colleges—were also investigated by the police.

Although Maryland Police Superintendant Terrance Sheridan has defended “gathering information from open sources,” an earlier story from the Washington Post shows that the surveillance efforts of the Maryland State Police went beyond simply monitoring organizations. In October 2008, the Chief of Maryland’s State Police admitted that 53 activists had been classified as “terrorists.”

Continue reading " Maryland Police Program of Surveillance is More Like Spying " »