DUI Maryland License Cancel Revocation Suspension Lawyers Cecil County
DUI Maryland License Cancel Revocation Suspension Lawyers Cecil County
Haley v. State
Facts:
Defendant was charged with driving while his license was cancelled, revoked, suspended or refused, failure to keep to the right of center, and driving while intoxicated. He sought acquittal, urging, inter alia, that the complaint that charged him did not include the lesser charge of driving under the influence, but he was convicted of the lesser charge, as well as for driving while his license was suspended and failing to keep to the right of center.
DUI Maryland License Cancel Revocation Suspension Lawyers Cecil County
Issue:
- Whether the complaint that charged the defendant included the lesser charge of driving under the influence?
Discussions:
Defendant’s motion for a new trial was denied and he was sentenced. The judgments were affirmed on appeal, and defendant sought review. The court affirmed in part, but reversed in part and remanded for reversal of the conviction for driving while under the influence of alcohol. The state had charged defendant with driving while intoxicated in a way that clearly appeared to exclude the lesser charge. The complaint form stated, in large, capitalized print, that only one violation would be charged and circled. Although the form listed 46 violations, the state only circled one. Defendant reasonably assumed he was not being charged except for the greater offense.
The SRIS Law Group Maryland lawyers will do their best to help you with your case. Contact a Maryland lawyer from our firm to discuss your case. A Maryland lawyer from our firm will talk with you about your case in Maryland and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Rockville (Montgomery County) & Baltimore.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
DUI Maryland Evidence Breathalyzer Test Lawyers Baltimore County
DUI Maryland Evidence Breathalyzer Test Lawyers Baltimore County
White v. State
Facts:
Appellant and a friend left a nightclub after drinking heavily. Appellant’s friend drove the two home. Police spotted the car being driven erratically, arrested friend, and charged him with driving while intoxicated. Before taking friend to the police station, appellant was warned not to drive. However, shortly after officers left, appellant began to drive home. He was stopped, tested, arrested, and charged under Md. Code Ann., Transp. II § 21-902. Appellant was read his rights regarding taking a breathalyzer test from an advice of rights form.
DUI Maryland Evidence Breathalyzer Test Lawyers
Issue:
- Whether scientific evidence clearly established appellant was driving while intoxicated?
Discussions:
On appeal, appellant argued the trial court erred by instructing the jury on the offense of driving while intoxicated per se, as this was a separate offense that was not included on the citation issued. Judgments affirmed. The general violations lodged against appellant under § 21-902 included the offense of driving while intoxicated per se. The State, through the use of scientific evidence, clearly established appellant was driving while intoxicated per se. Further, the advice of rights form used by arresting officer correctly advised appellant of the administrative sanctions if he refused to take the breathalyzer test.
The SRIS Law Group Maryland lawyers will do their best to help you with your case. Contact a Maryland lawyer from our firm to discuss your case. A Maryland lawyer from our firm will talk with you about your case in Maryland and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Rockville (Montgomery County) & Baltimore.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
DUI Maryland Probation Violation Attorneys Harford County
DUI Maryland Probation Violation Attorneys Harford County
State v. Hunter
Facts:
Defendant was arrested twice for driving while intoxicated and driving under the influence of alcohol. When the trial on the second offense was held on June 8, 1987, the trial court accepted defendant’s guilty plea, denied defendant’s request for probation before judgment and entered a verdict of guilty.
DUI Maryland Probation Violation Attorneys
Issue:
- Whether the trial court could have properly granted probation before judgment?
Discussions:
On defendant’s motion for reconsideration, the trial court withdrew judgment and entered probation before judgment. The trial for the first offense was held on March 10, 1988, and the trial court accepted defendant’s guilty plea and granted probation before judgment. The state alleged that, because defendant had previously been convicted of the offense of driving under the influence, the trial court erred in granting probation before judgment in the later trial on the first offense. The court affirmed the trial court and held that the trial court did not err in granting probation before judgment in the later trial. Because the later trial was for the February 21, 1987, violation and the second violation did not occur until after that date, the trial court could have properly granted probation before judgment.
The SRIS Law Group Maryland lawyers will do their best to help you with your case. Contact a Maryland lawyer from our firm to discuss your case. A Maryland lawyer from our firm will talk with you about your case in Maryland and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Rockville (Montgomery County) & Baltimore.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
DUI Maryland Breath Test Evidence Lawyers Baltimore County
DUI Maryland Breath Test Evidence Lawyers Baltimore County
Raymond v. State
Facts:
Defendant challenged his conviction in the Circuit Court for Baltimore County (Maryland) for driving while intoxicated.
DUI Maryland Breath Test Evidence Lawyers
Issue:
- Whether defendant should be given notice for each court prior to each trial?
Discussions:
Defendant was arrested for driving under the influence and driving while intoxicated. The prosecution gave notice pursuant to Md. Code Ann., Cts. & Jud. Proc. § 10-306 that it would introduce breath test evidence without producing the tester at trial. Defendant then gave notice to require the presence of the tester, as was his right under Md. Code Ann., Cts. & Jud. Proc. § 10-306(b). The matter was continued and defendant requested a jury trial which transferred the matter to a higher trial court. Defendant gave notice again to require the presence of the tester, but not within the 10 days as required § 10-306(b). Thus, the prosecution was not required to produce the tester. The trial court also allowed the prosecution to dismiss the alternative count of driving under the influence. Defendant appealed. The court found that § 10-306(b) did not require that defendant give notice in each court prior to each trial; one notice was sufficient and the trial court erred in requiring more. However, there was no error in allowing amendment of the charging instrument to dismiss the lesser included offense because defendant prepared to defend the greater charge.
The SRIS Law Group Maryland lawyers will do their best to help you with your case. Contact a Maryland lawyer from our firm to discuss your case. A Maryland lawyer from our firm will talk with you about your case in Maryland and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Rockville (Montgomery County) & Baltimore.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.—
Armed Robbery Maryland Conspiracy Cognizable Offense Lawyers Kent County
Armed Robbery Maryland Conspiracy Cognizable Offense Lawyers Kent County
Hale v. State of Maryland
Facts:
Defendant said conspiracy to commit attempted armed robbery was a doubly inchoate offense that was not recognized in Maryland. Defendant was convicted of conspiracy to commit attempted armed robbery, in violation of Md. Code Ann., Crim. Law § 3-403. The Court of Special Appeals (Maryland) affirmed the conviction, and defendant sought further review.
Armed Robbery Maryland Conspiracy Cognizable Offense Lawyers
Issue:
- Whether conspiracy to commit attempted armed robbery, a doubly inchoate crime, a cognizable offense?
Discussion:
The court of appeals disagreed because Md. Code Ann., Crim. Law § 3-403 proscribed both the commission of an armed robbery and the attempt to commit that offense, so conspiracy to attempt armed robbery fit the legal definition of conspiracy. It was of no consequence that the State’s evidence was sufficient to support a conspiracy to commit robbery conviction because it was not a defense to prove that one was more culpable than charged. The judgment of the Court of Special Appeals was affirmed.
The SRIS Law Group Maryland lawyers will do their best to help you with your case. Contact a Maryland lawyer from our firm to discuss your case. A Maryland lawyer from our firm will talk with you about your case in Maryland and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Rockville (Montgomery County) & Baltimore.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
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