Maryland Law Blog

Based on an article from wboc.com, a proposed bill would require residents of Maryland who are convicted of three or more DUIs to have a special yellow license plate that reads “DUI.” The Prince George’s County lawmaker backing the bill feels that drivers should be aware of repeat Maryland DUI offenders on the road.

The bill would also mandate the plates for five years following the third DUI conviction. Maryland officials indicated that there are 2,029 drivers in the state who would be required to have the plates should the bill pass. Officials from AAA mid-Atlantic told members of the House Judiciary Committee that other states have recently been adopting similar measures.

Similar bills have been proposed in the past, but have failed to win approval. Many still feel that this bill could have embarrassing and excessive repercussions for those convicted of multiple DUIs. The new bill could also make it difficult for those with the DUI license plate to find employment and could lead to unnecessary social alienation.

Continue reading "New Bill Proposes DUI Plates for Repeat Offenders" »

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Drivers with a GPS or Smartphone can now receive instant warnings when approaching DUI checkpoints and speed traps as well as red light and speed cameras. Police fear that this will aid offenders in escaping arrest. Phantom Alert is the company that produces the application which began as a method to help drivers avoid tickets for a small fee.

The checkpoint notification shows up on devices as a martini glass followed by a police car. In Washington D.C, common DUI checkpoints are around popular nightspots. Employees at Phantom Alert are instructed to search police press releases and news reports for new locations. There is also an option for users to report their own findings, which can be helpful to other users since in areas like Montgomery County, Maryland, police sometimes announce checkpoints without specific locations.

Continue reading "New Application Alerts Drivers to DUI Checkpoints" »

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According to a recent lohud.com article, a 24-year-old former all-star basketball athlete has been sentenced to one to three years in a state prison for causing a drunken driving accident in New York that killed her friend, Lisa Marie Mornay. Meghan Wood, a 24-year-old former basketball player and leading scorer her senior year at Loyola College in Maryland, was sentenced on November 4, 2009.

The New York State Judge handling the case could have sentenced Wood to five years "shock" probation in which she would serve the first six months in jail but he wanted his sentence to be a deterrent to others who would drive drunk. At her sentencing, Supreme Court Justice Lester Adler chastised Wood saying, “You endangered every single person on the road that morning. I can’t forget that; I can’t put that out of my mind.”

According to the article, Wood would have faced up to fifteen years in prison if she had been convicted at trial. Instead, Wood began serving her sentence at the Westchester County jail in Valhalla on August 3, 2009 after pleading guilty to the full indictment against her, which included a felony charge of vehicular manslaughter and misdemeanor counts of driving while intoxicated. She is now scheduled to be transported to a state prison where she may be eligible for parole in nine months.

Continue reading "Fatal DWI Crash Leads to Sentence of 1-3 Years in State Prison" »

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In July 2009, a police chief was caught driving drunk in an unmarked city car after being in a fender-bender in Arlington County, according to a Washington Post article. Speaking publically now for the first time regarding his DUI arrest, the former police chief’s story reveals just how serious and all-encompassing DUI consequences can be.

According to the article, the arrested man was with the Alexandria department for about 20 years and served as chief for the last three. One of the most detrimental consequences of his DUI arrest was having to step down from a job that he loved. He also continues to experience the distress and embarrassment of being a man with a criminal record. But that is not all. Recently, when the former Alexandria police chief was on the phone attempting to get a new life insurance policy, he was told, “There’s nothing I can do for you.”

Difficulty in obtaining life insurance is a commonly unspoken collateral consequence of a DUI arrest, and it doesn’t stop there. As would be the case for others in the ex-chief of police’s situation, his career in government is probably over. It may also be very challenging for him to find employment again since many employers will not hire a person that has a DUI conviction on his or her record.

The article also mentioned that the former chief will not be able to rent a Zipcar for seven years. Other consequences the ex-police chief has had to endure include forfeiting his driver’s license for a year (subjecting him to having a 90-year-old friend drive him around), having to complete 20 hours of alcohol education, and serving a mandatory sentence of five days in jail for having a blood-alcohol level of 0.19 (twice Virginia’s legal limit).

Continue reading "Alexandria Ex-Chief of Police Faces Collateral Consequences of a DUI Arrest" »

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As the month of October begins at full-speed, Maryland residents must become aware of new laws that have been introduced in the State. These new regulations are being enforced to help prevent crime and injury, especially when it comes to being behind the wheel. According to a times-news.com report, one of the new laws will affect those arrested for DWI. The new law states that within a span of five years, if a person hits their second DWI arrest, he or she will face an obligatory license suspension for one year.

According to the article, another new law that has taken affect in Maryland is an official ban against texting while driving. If you are convicted of texting while driving, you may face a steep fine of $400 in addition to having one point added to your driving record. Considering that the law will make exceptions for emergencies, cases involving texting and driving may present some complications given that one person’s definition of an emergency may differ from another’s.

In relation to the new DWI law, having your license suspended can impose many inconveniences in limiting your ability to secure timely and reliable transportation to and from work, school, and other important locations. To face the chance of enduring this penalty for an entire year can add to an experience that is already overwhelming when an individual is arrested for DWI.

If you have been arrested for DWI in Maryland, you don’t have to go through this challenging time alone. In many cases, those facing DWI charges find that they benefit from seeking the assistance of a skilled Maryland DWI defense lawyer with experience handling such cases. Aside from facing a one-year license suspension, other DWI consequences may involve multiple points on your driver’s license, hefty fines that may compromise your financial stability, and even a prison sentence.

Continue reading "A List of New Laws in Maryland: DWI Consequences Influenced" »

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A recent article about a man who may be charged for fleeing the scene of an auto accident that killed a pedestrian in Anne Arundel County raises many questions regarding the legal penalties surrounding vehicular manslaughter, especially when such an act takes place in a hit-and-run situation and/or under the influence of drugs or alcohol. In this particular incident, police have said that prescription drug use may have been a contributing factor that led the 26-year old driver to lose control of his Dodge Caravan, strike a woman that had been standing on a nearby sidewalk and drive away from the scene. The suspected vehicle driven during the accident has been found by law enforcement officers.

Although the article didn’t specify the exact charges being brought against the driver in this incident, it can be speculated, based on the circumstances surrounding this case, that the driver may be charged with vehicular manslaughter and operating a vehicle in a grossly negligent manner. The penalties for these charges can include significant prison time and hefty fines. If it is determined that the driver was operating his vehicle under the influence of drugs, additional prison time could be added. These charges could all be on top of other criminal charges or traffic violations associated with a particular incident, such as driving with a suspended license. Being suspected of leaving the scene of an accident that resulted in death may also contribute to an increase in punishment.

Many prescription medications warn against operating a motor vehicle while under the medication’s effects due to a high possible onset of drowsiness or other risks of side effects that could impair a person’s ability to safely operate a motor vehicle. Although prescription drugs are legal, they can still create hazards similar to those of a driver who is on the road while under the influence of an illegal substance or alcohol. Even though it has not been released at this time which prescription drug the driver in the above case is suspected of being under the influence of, many of these drugs can affect a driver’s reaction time, coordination, attention, and many other requirements for operating a vehicle safely.

Continue reading "Vehicular Homicide and the Consequences of a Hit-and-Run Accident" »

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An employee of the Department of Economic Development was arrested for driving under the influence of alcohol recently and faces additional charges of bribery for offering a police officer $5,000 to reduce her DUI charges to “lesser charges.” An article on Gazette.net said that the 51-year-old female employee was stopped by the police around seven in the morning on March 26, 2009, after they had been alerted by reports of an erratic driver near a fast-food restaurant in the 26400 block of Ridge Road in Damascus. She faces charges of:

• DUI in Maryland


• Driving while impaired by alcohol


• Driver failure to yield right of way while crossing a highway


• Violating a driver’s license restriction


• Possessing more than one driver’s license

A spokesperson for Howard County said that the woman was placed on paid leave from her position as a business development specialist immediately after her arrest but would not release any details about the woman’s work record as it is covered by Maryland’s privacy laws. Apparently, the woman was driving a county vehicle at the time of her Maryland DUI arrest even though she was not permitted to drive the county car after business hours. County policy does allow an employee to take a county vehicle home from work if they have county business to attend to early the next morning, but the spokesperson said that the employee had no such business on the morning of her arrest.

Court records indicate that this is not the woman’s first drunk driving arrest. She pleaded guilty on May 7, 2009, to driving under the influence in connection with DUI charges against her from October 2008. She was placed on probation for a year and her driver’s license was suspended for 275 days for the October DUI charges. Court records also indicated that the woman was convicted on DWI charges in 1992, 1995, 1996, and 2005 and convicted for DUI in 1988.

Continue reading "Howard County Employee Faces DUI and Bribery Charges" »

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Cracking open a cold beer or relaxing with any other alcoholic beverage will be an illegal activity in Maryland state parks beginning this fall. This article which appeared recently on the website HometownAnnapolis.com claims that anyone violating this new Maryland law will face fines beginning on November 1, 2009. According to Maryland Park Service officials, the only place that alcoholic beverages will be allowed will be designated picnic shelters and only when someone has obtained a $35 permit from the park’s manager. If park officials catch someone with an alcoholic beverage anywhere beyond designated areas, they could receive a $55 fine.

Under current Maryland law, visitors to state parks can drink alcohol in motor homes, picnic shelters, campgrounds, and cabins without a permit. Under the new law, motor homes and full-service cabins will be exempt from enforcement of the alcohol ban. This new law represents an expansion of an alcohol ban that has been in place for many years which prohibited people from drinking alcohol on park beaches and grassy areas.

Lt. Col. Chris Bushman—deputy superintendent of the Maryland Park Service—said, "We are trying to create a family-friendly park experience for everybody. We have found over the years that alcohol is involved in a disproportionate number of serious incidences." He claimed that public nuisances such as public urination, disorderly conduct, noise violations, and similar disturbances involve excessive alcohol consumption in the overwhelming majority of cases.

"Once alcohol was introduced in the park environment it crept elsewhere," he said. "People were not restricting themselves to the areas where it was allowed."

In 2008, Maryland’s Natural Resources Police officers issued 413 citations for alcohol-related incidents and 32 Maryland DUI citations to park patrons. The new law brings Maryland in line with alcohol bans in the parks of nearby states. Alcohol has been banned in state parks in New Jersey, Pennsylvania, and Virginia for many years and has been banned in Anne Arundel County parks since 1985.

Continue reading "New Law Will Make Maryland Parks Alcohol-Free This Fall" »

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The National Motorists Association salutes the beginning of the summer driving season with its annual list of the states with the best and worst motor vehicle laws for summer travelers. The news is not good for Maryland, which earned a number three spot on the worst list. Only New Jersey and Ohio have more driving laws and vehicle-related enforcement policies that are more slanted toward filling state coffers.

Some of the behaviors that give Maryland a bad name with summer travelers include policies that have been highly touted by public officials as part of their on-going (and some would argue politically motivated) fight against drunk driving.

Roadside sobriety checkpoints are a common sight during Memorial Day weekend, the Fourth of July and Labor Day weekend. Public officials roll out plans for these sobriety roadblocks with great fanfare. From the officials’ point of view, a sobriety checkpoint represents the easiest way to prove to taxpayers that something is being done about drunk driving in Maryland.

After a weekend sobriety checkpoint finishes stopping and searching Maryland drivers without cause and without a warrant, a roadblock produces a number of arrests. These arrests will be cited as evidence that sobriety checkpoints are effective against DUI. However, the effectiveness of DUI checkpoints has been contested for almost as long as the roadblocks have been in use.

In the landmark Michigan Supreme Court Case decision that briefly ruled the practice of roadblocks unconstitutional in that state, evidence presented before the court lead the justices to conclude that sobriety roadblocks have little to no benefit in combating Maryland DUI. However, the state justices were soon overruled by the highest court in the land.

Continue reading "Maryland Traffic Policies Earn Place on “Worst of” List for Exploiting Drivers" »

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A 16-year-old boy was struck and killed by a sport utility vehicle recently while he attempted to cross Route 50 in West Ocean City. An official from the Maryland State Police said that the teen was struck and killed just west of the Harry W. Kelley Memorial Bridge sometime during the evening on May 16, 2009. The article about the Maryland DUI was recently published in the Baltimore Sun and reports that the teen was with a group of friends when he ran across the westbound lanes of Route 50 and made it to the median when he was hit by a Jeep Wrangler.

He was taken to Atlantic General Hospital where he died from his injuries. Law enforcement officials investigating the Maryland DUI accident say that the Jeep’s driver was a 29-year-old man from Massapequa Park, N.Y. He has been charged with driving under the influence and driving while impaired. The teen has been identified and is from Ocean Pines. The principal of Stephen Decatur High School told investigators that the teen was a sophomore at the school.

The State of Maryland and Washington, D.C. have some of the country’s toughest drunk driving laws. An arrest for Maryland DUI or DWI results in an automatic driver’s license suspension or possible revocation of driving privileges. Maryland drivers may contest a suspension or revocation through Maryland’s Motor Vehicle Administration but in order to retain their driving privileges, they must request a hearing within ten days of their arrest. In addition to the MVA’s suspension and revocation, drivers convicted of their first DUI or DWI offense in Maryland could receive the following criminal penalties:

• Driver’s license suspension for up to 45 days on a DUI conviction and up to 60 days for a DWI


• Up to one year in jail for DUI and up to 60 days for DWI


• Twelve license points for driving under the influence and up to eight points for driving while impaired


• Up to $1,000 in fines for DUI and up to $500 for DWI

Continue reading "Maryland DUI Accident Tragically Kills Teen" »

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On May 4, 2009, Gazette.net reported in a story that Maryland police will be conducting a sobriety checkpoint on Friday, May 8, 2009. The checkpoint is part of a larger multistate operation organized by the National Highway Traffic Safety Administration. Called “Checkpoint Strikeforce,” the operation will last for six months consisting of a series of checkpoints and aggressive enforcement tactics conducted throughout Maryland, Delaware, Pennsylvania, Virginia, West Virginia and Washington, D.C.

Beginning Friday, May 8, at 9:00PM, the sobriety checkpoint will stop drivers and administer the standard battery of field tests—including the breathalyzer test—in an effort to deter motorists from driving while under the influence. The checkpoint will be operational until 3:00 the following morning.

In Maryland, operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or greater will result in Maryland DUI charges. If found guilty, the penalties for drunk driving include up to a $1,000 fine and up to a year in jail. Maryland also charges those driving with a blood alcohol under 0.08 with a lesser offense, driving while intoxicated (DWI). A DWI charge can result in up to a $500 fine and up to 90 days in jail.

If you have any questions about drunk-driving charges, please contact Maryland's experienced DUI attorneys at Meng & Alpert, LLC. The attorneys of Meng & Alpert, LLC have experience as both prosecuting attorneys and as DUI defenders, so you will receive an informed, professional examination of the facts in a DUI case. Call 866-444-6363 today for a case evaluation.

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A Gazette.net story reports that an officer’s DUI arrest has been found invalid after an in-court review of a videotape which clearly disputed the facts of the arrest. According to the story, on May 3, 2008, Officer Dina Hoffman arrested George Zaliev on a charge of DUI in Maryland, claiming that she had found the man sleeping behind the wheel of his car.

When the case went to court, the arresting officer repeatedly testified that Zaliev was definitely in the front seat of the vehicle at the time of the arrest. However, during the DUI trial, the criminal defense attorney played a video made by a store security camera which clearly showed Zaliev sleeping in the backseat of the car.

Officer Hoffman now faces a perjury investigation in connection with her statements, and the charges against Zaliev have been dropped.

This case illustrates how eager some law enforcement officials can be to level a charge of DUI against Maryland citizens. In this case, we have a person charged with DUI for sleeping in the backseat of a parked vehicle. Thanks to some timely evidence, Mr. Zaliev was able to clear his name of DUI charges.

If you have any questions about the validity of a DUI arrest, please contact the skilled Maryland DUI defense attorneys of Meng & Alpert, LLC at 866-444-6363. As a former DUI prosecutor, attorney Andrew Alpert brings a formidable insight into how DUI cases are conducted and can pinpoint weak or improper elements in the prosecution’s case.

For more information on the validity of DUI arrests and the importance of dash-cams in DUI cases, read attorney Andrew Alpert's article entitled “Maryland DUI Case Demonstrates Need for Dash-Cams in Every Police Cruiser.”

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DelawareOnline reported in an article on March 20, 2009, that Georgetown police had stopped an Ocean City, MD man for allegedly driving under the influence. The routine DUI stop took a different turn when police searched the man and allegedly discovered over 40 packets of heroin in the subject’s pockets.

A further search of the DUI suspect’s vehicle revealed more heroin and drug paraphernalia. The total amount of heroin discovered was approximately 10 grams. Since the drugs were packaged in small discrete quantities, police were able to charge the man with drug trafficking.

Although this incident took place in Delaware, one could extrapolate what would happen if the charges were made in the Maryland court system. Under Maryland’s drug laws, the type of sentencing possible in a drug trafficking case depends on the type of controlled substance involved. Heroin, as a Schedule I narcotic, merits some of the most severe punishments under Maryland law.

If found guilty of trafficking heroin in a Maryland court, a defendant could face up to 20 years in prison and/or up to a $25,000 fine. If the defendant were transporting an amount of heroin into the state of Maryland equal to that seized by the Georgetown police, the defendant could face up to 25 years and/or a $50,000 fine upon conviction.

Meng & Alpert, LLC represents the interests of those charged with drug offenses in Maryland. Sometimes police overstep their boundaries in making a search or otherwise violate your rights. If you have questions regarding criminal charges including drug possession or drug trafficking, please call the skilled Maryland drug charge attorneys of Meng & Alpert, LLC for more information at 866-444-6363.

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A story from DelmarvaNow.com reports in an article that a Pittsville, MD mother received an unusual sentence as punishment for a DUI charge—sharing her DUI experiences with schoolchildren.

Bessie Birch was arrested for DUI in November 2008 after a head-on collision. At the time of the accident, she was transporting her three children. One of the children incurred injuries in the accident, although details of the extent of the injury are unclear. On March 19, 2009, the Wicomico County District Court ruled that the 25-year-old mother would have to tour Maryland high schools, relating the details of her story and her learning experience.

In Maryland, transporting a minor while operating a vehicle while under the influence is an aggravating circumstance that can add to the jail time and fines levied against a drunk driver. In this case, the judge chose to suspend the woman’s one year jail sentence in favor of sending a message to the public.

If you have any questions about how aggravating circumstances can change the punishments meted out for DUI, please contact the law offices of Meng & Alpert, LLC. In addition to over three decades of experience as criminal defense lawyers in Maryland, the Meng & Alpert team includes Andrew Alpert, a former prosecutor with extensive training in Maryland DUI/DWI cases. As a DUI defender, he brings over 15 years of professional insight to bear on the issues surrounding DUI. Call 866-444-6363 for a free case evaluation.

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Gazette.net reports in an article that a Maryland police officer has been arrested on drunken driving charges. The charges stem from a March 28, 2009, incident in which a Montgomery County police corporal crashed a police cruiser into a concrete barrier.

As Montgomery County police investigate the charges, the officer’s arrest powers have been suspended.

A DUI charge in Maryland carries more penalties than prison terms, probation and fines. A social penalty is also levied against those charged with drunken driving. Unfortunately, the social punishment hits someone charged with a DUI before any court date is set and before a sentence is handed down.

A DUI charge begins punishing the defendant almost immediately regardless of his or her innocence or guilt. At work, the defendant may face censure or punishment for merely being charged with a drunken driving offense in Maryland, even though DUI charges can be filed for something as subjective as failing a field administered sobriety test. If officials are “cracking down” on DUI for political reasons, an otherwise responsible driver could be charged with a drunken driving offense for having one-half of a beer with lunch.

DUI offenses can be very damaging to anyone’s career. An aggressive and experienced DUI defense attorney in Maryland can help you maintain your good name in the face of DUI charges. Meng & Alpert, LLC have over three decades of experience representing the interests of those charged with DUI. If you have questions regarding criminal charges including driving under the influence, or driving while intoxicated, please call the skilled Maryland criminal defense attorneys of Meng & Alpert, LLC at 866-444-6363 for more information.

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From the York Daily Record comes a story of a father and son arrested for DUI not just on the same night, but at the same time.

According to details from the Daily Record, a state trooper stopped a Pennsylvania man. While the officer questioned the driver, the driver’s son appeared on the scene to check up on his father. As a result, the trooper arrested both the father and son on drunk driving charges.

The law enforcement departments of every state take drunk driving seriously. From a law enforcement standpoint, DUI arrests give the perception of cracking down on DUI, which makes good headlines and good political sense. Unfortunately, in the rush to come down hard on DUI drivers, the police can sometimes push the envelope of legal investigative and arrest powers. While the police are winning political points, they may also violate the rights of ordinary citizens.

For those faced with a hastily leveled DUI charge in Maryland, the long and often frustrating experience of working through the courts can be intimidating. If you have any questions about the processing of drunken driving cases by the police, please contact the law offices of Meng & Alpert, LLC at 866-444-6363.

In addition to over three decades of experience as skilled criminal defense lawyers in Maryland, the Meng & Alpert team includes Andrew Alpert, a former prosecutor with extensive training in Maryland DUI/DWI cases. As a DUI defender, he brings over 15 years of professional insight to bear on the issues surrounding DUI. Call today for a free case evaluation.

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An article in USA Today reported the launching of a new website by the National Institute on Alcohol Abuse and Alcoholism (NIAAA) called “Rethinking Drinking.” The site aims at helping those who enjoy drinking alcoholic beverages on a regular basis to determine what kind of drinker they are and whether they are at risk for developing a drinking problem.

The article interviewed a group of women hanging out at a bar after work. Natalie Penoyar, 25, said, “The older you get, the more you think about your actions and your mortality.”

Her attitude is one that the director of the Division of Treatment and Recovery Research at the NIAAA, Mark Willenbring, agrees on.

“Most young adults who socialize at bars and parties don’t give much thought to their drinking habits…if they did, it’s likely that fewer people would develop problems with alcohol abuse later in life,” Willenbring said.

“Rethinking Drinking” is all about risk reduction and awareness of alcohol consumption for individuals between ages 18 and 30, who are primarily the heaviest drinkers in our society. It is also a good resource to help demonstrate the perils of alcohol abuse, which too often leads to people driving under the influence in Maryland.

Continue reading "“Rethinking Drinking” is a Resourceful New Website " »

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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" »

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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.

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