Michael Phelp's Recent DUI Arrest Leads to Dram Shop Rule Considerations in Maryland

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or call to speak with one of our experienced Maryland auto accident attorneys at (301) 854-9000 for a free consultation.

Michael Phelp's DUI arrest following an eight hour period of drinking and gambling at Baltimore's Horseshoe Casino raised concerns at the city's liquor board.  The casino is the only establishment in the city with a 24-hour a day liquor license.  The liquor board is investigating whether servers should have continued serving alcohol to Phelps.  There is a rule in place by the liquor board to prevent over-service.  This rule prohibits all bars in the city from selling alcohol to someone who is "under the influence," "disorderly" or "known to be a habitual drunkard."  Maryland state law also prohibits vendors with a liquor license from selling or providing alcohol to anyone under 21 or someone "visibly under the influence of any alcoholic beverage."

Interestingly, Maryland is one of eight states in which bars cannot be held liable for serving intoxicated patrons.  This is otherwise known as the dram shop law.  The law varies in the states that have it, but generally, a bar or similar establishment can be held liable for death or injury to third parties caused by selling alcohol to visibly intoxicated persons or minors.

The Court of Appeals of Maryland recently declined to change the common law to impose civil liability on an establishment that serves a visibly intoxicated patron, who then drives drunk, and causes an injury or death.  The Court believes that this is a matter of public policy that is best left to Maryland's General Assembly.  Three bills proposing dram shop liability have been introduced in the General Assembly since 2002, but none have even come close to passing.

Maryland has remained steadfast in the notion that there should be no third party liability for the actions of drunk drivers and the harm they cause.  Maryland's Court of Appeals recently refused to make changes to Maryland's common law in a case where a bar patron was served seventeen beers and four shots and drove his car into another car killing a 10-year old girl.  The results of this case prove the unlikeliness of things changing any time soon.  If there was a case to hold a bar liable for a third party injury, this would have been it.

Maryland already has laws in place to prohibit over serving by restaurants and bars.  While it does seem appropriate and fair to implement a dram shop rule to also hold an establishment liable for third party injuries caused by over serving a patron, it does not seem fair to hold a liquor store liable for the same injuries.  A liquor store, unlike a bar or restaurant, has no control over how much alcohol is consumed, what alcohol is consumed, or where it is consumed.  However, it does seem fair to implement a dram shop rule for injuries caused by serving or over serving a minor.  It is the restaurant's, bar's, or liquor store's fault for serving a minor alcohol and they should be held responsible for any injuries the minor causes to a third party.

If you or a family member has been charged with DUI or DWI and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com]

6 Things to Expect After Being Pulled Over for DUI/DWI in Maryland

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or call to speak with one of our experienced Maryland auto accident attorneys at (301) 854-9000 for a free consultation.

Most importantly, an officer must have probable cause to pull you over.  An officer establishes probable cause if you are swerving, cause an accident, speed or have a headlight or taillight out.

Once you are pulled over:

1. You will first be asked to take a field sobriety test or breathalyzer test.


2. 
   

   The roadside sobriety test will include anything from standing on one leg to answering questions.  Sometimes the officer will ask you to perform the eye test or a test in which you read the alphabet backwards.

   
   


3. 
   

   If you refuse to take the field sobriety or breathalyzer test, which you have the right to do, your driver's license will automatically be suspended for 120 days, even if you are subsequently found not guilty.  First offenders in most cases should always take the test.

   
   


4. 
   

   If you fail the sobriety test or blow a .08 or more on the breathalyzer, you will most likely be arrested.  At this time, you may be asked to relinquish your driver's license

   
   


5. 
   

   You will be taken to jail in a police car while sitting in handcuffs.

   
   


6. 
   

   You will be allowed to sober up in jail as proceedings against you begin.

   
   

If you have been arrested for a DUI/DWI, it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries severe penalties.  Your attorney will guide you through the initial process with MVA.  He or she should then enter their appearance with the Court and serve the State with discovery.  Your attorney will then obtain the State's entire file for your case.

If you or a family member has been charged with DUI or DWI and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com

Ellicott City, Maryland Criminal Defense Attorney|Your Right to Remain Silent

Many already know that the right to remain silent from the much-quoted Miranda rights. It is important to remember that every person who is interrogated while in custody must be given their Mirandarights. An interrogation is when the police act or speak in a way they know will reasonably elicit an incriminating response, and being in custody means that the individual does not feel free to leave.

 

The right to remain silent originates from the Fifth Amendment privilege against self-incrimination, and later outlined in the caseMiranda v. Arizona. In order to invoke your right to remain silent, it is not enough to simple refuse to speak. This means that simply remaining silent may be used against you in the court of law. In order to prevent this, the interviewee must actually state that they are not speaking because they are invoking their right to remain silent.

 

For those who do not speak English or speak English as a second language, it is absolutely essential that they learn to say "I would like to use my right to remain silent" in English so that they can protect themselves from self-incrimination. This is more important for those who do not speak English or speak English as a second language because the speaker may not fully understand the words they are speaking and accidentally give information that can be used against them.

Maryland Criminal Defense Attorney | Impaired Driving Crashes

What happens if a drunk driver kills someone? Impaired driving is one of Maryland's highest priority traffic safety issues. If you are involved in an impaired driving accident, you could be charged with a number of different criminal offenses, including but limited to, manslaughter by vehicle in violation of Md. Crim. L. Code Ann. § 2-209, homicide by motor vehicle while under the influence of alcohol in violation of Md. Crim. L. Code Ann. § 2-503, homicide by motor vehicle while impaired by alcohol in violation of Md. Crim. L. Code Ann. § 2-504, driving a vehicle on a highway in excess of the posted miles per hours limit, and driving a motor vehicle in wanton and willful disregard for the safety of personal and property in violation of Md. Trans. Code Ann. § 21-901.1A. When faced with such high-stakes charges, it is important you enlist an assertive attorney from Portner & Shure to fight for you.

Maryland's definition of an impaired driving crash is at least one of the drivers involved in the crash was reported to be under the influence of alcohol and/or drugs. Impairment is determined through the driver condition, blood alcohol content, substance use and contributing factor fields on the crash report.

According to Maryland's 2014 Highway Safety Plan, over the past five years, an average of 8,216 impaired driving crashes has occurred annually on Maryland's roadways. On average, 185 people have lost their lives and 4,352 were injured each year. This loss of life represents approximately one-third of all of Maryland's traffic fatalities. The highest number of impaired driving crashes occurs among male drivers between the ages of 21 and 49. The highest concentration of impaired driving crashes is recorded in the Baltimore/Washington metropolitan area, which includes Baltimore City, central Maryland, and Washington D.C. 5 jurisdictions--Prince George's, Baltimore, Montgomery, and Anne Arundel counties and Baltimore City-account for more than 60 percent of all impaired driving crashes statewide.

Traffic related prosecutions, particularly DUIs and DUI-fatalities, are among the most complicated cases to handle. The highly experienced attorneys at Portner & Shure can begin working on your vehicular homicide case immediately to ensure your rights are protected. The committed attorneys will work tirelessly to build a strong defense and find weaknesses in the prosecution's case. 

Harford County Bicyclist Driving Under the Influence

If a motorist is riding his vehicle on the public highways under the influence of alcohol and causes an accident, should he be arrested for  "driving under the influence"?  Should these same laws apply to an individual riding his bicycle on the public highways?  If motorists  are forced to share the roads with bicycles, then perhaps they should be held accountable for obeying the laws of the highways and the same penalties and consequences should apply.

In a recent Harford County accident, a 33 year old man was leaving a bar in Bel Air on his bicycle on Thursday, August 12, 2010, when he ran into a motor vehicle.  The bicyclist, Matthew Parker was flown to Maryland Shock Trauma for head injuries.  The injuries appeared not to be life-threatening.    

According to Bel Air Police Chief, Leo Matrangola, they suspect Mr. Parker was riding his bicycle under the influence of alcohol and charges are currently pending.  The question especially arises when the intoxicated bicyclist causes an injury to someone other than himself.  Bicyclists currently advocate for laws that provide safety for themselves.  However, due to their increasing numbers we should not ignore certain safety issues that now arise for the automobile driver.  Perhaps a law change should only apply to a bicyclist who causes an accident that leads to an injury of the automobile driver.

If you, a family member or someone you know has been involved in a bike accident or car accident or you need more information on car and bike accidents, please contact Portner & Shure for a free consultation with one of our Maryland personal injury lawyers.

Repeat Impaired Driver Crashes with Retired Montgomery County District Court Judge Who Spared Him in 1998. Who Will Spare Him Now?

Eleven years after the Honorable Edwin Collier spared a repeat offender for driving under the influence for two DUI(s) within three months, he veered into the Judge's lane of travel and struck his vehicle head on.  Judge Collier and his wife, Ellen, were driving in Gaithersburg when the head on collision occurred.  Judge Collier suffered a broken leg and fractured ribs, and his wife, Ellen, suffered a compound leg fracture, fractured hip, fractured ribs and a neck injury.  It was determined that the repeat offender, Rene E. Fernandez who was tested after the accident, had more than two times the legal limit of alcohol in his system.



According to Montgomery County Circuit Court records, Mr. Fernandez was to plead guilty to one count of causing a life threatening injury, while intoxicated.  The remaining charges would be dropped according to a plea agreement.  The sentencing guidelines call for up to two years in prison. Mr. Fernandez is presently awaiting disposition from the Circuit Court for Montgomery County.

Judge Collier and his wife, Ellen were forced to move from their Bethesda home to a retirement community due to diminished mobility caused by Mr. Fernandez.

If you, a family member or someone you know has been involved in an automobile accident involving a drunk driver or you need more information on automobile accidents or drunk driving laws, please contact one of our experienced personal injury lawyers or DUI lawyers at Portner & Shure for a free consultation.  

Alcohol Suspected in Serious Automobile Head on Collision

At approximately 2:45 a.m. on March 18, 2010, a driver of a Ford F-150 is suspected of being intoxicated, he sped on Route 100 in Anne Arundel County, Maryland while traveling in the wrong direction. The driver struck a Toyota Camry head on. The driver of the pick up truck and his passenger were transported to Maryland Shock Trauma where they were reported as being in serious condition. The occupant of the Toyota Camry was rushed via medevac helicopter to the same hospital. The operator of the Camry has to be cut out of his vehicle by firefighters.

The accident remains under investigation and charges are still pending. The police however did issue a statement saying that "driver error, excessive speed and alcohol were contributing factors" in this accident. As a result of the collision Route 100 near Arundel Mills Mall just south of BWI Marshal Airport was temporarily closed.

Charges such as driving under the influence, reckless driving, or speeding have significant impact on your driving record. Repeated charges can result in the suspension or loss of your driving privileges in addition to hefty fines and penalties. It may also become difficult to get car insurance if you have charges such as these on your driving record.

The driver of the Camry could file a claim against the "at fault" party in this accident for property damage in addition to the bodily injuries he sustained as a result of this collision. Unfortunately in Maryland he may not be entitled to punitive damages by is entitled to recover for his pain and suffering as a result of his injuries.

If you, a family member, or someone you know has been injured in a motor vehicle collision or if you would like more information on car accidents, please contact Portner & Shure for a free consultation. 

Maryland Judge to Stand Trial for Drunk Driving

A Washington County Circuit Court Judge is scheduled to stand trial for allegedly driving under the influence. He is accused of operating his sports-utility vehicle while intoxicated and sideswiping another vehicle in Hagerstown, Maryland. The driver of the other vehicle was treated for minor injuries. The Hagerstown Police Department indicated that the Judge has a blood-alcohol level of .18 percent. This is more than twice the legal limit.

This is an example of how a person in a position of power can also be punished in accordance with the laws of the state. The individual he struck could make a claim against his insurance carrier for his or her bodily injuries. Had this accident occurred in Virginia the injured person would be entitled to punitive damages in addition to any bodily injury recovery.

If you, a family member, or someone you know was involved in an automobile accident as the result of a person being intoxicated or if you would like more information on car accidents, please contact Portner & Shure for a free consultation. 

Negligent Driving Causes Death Of High School Student In Howard County

In November 2009 there was a tragic single vehicle accident that claimed the life of a popular River Hill High School football player in Howard County, Maryland. The driver of the vehicle, a good friend of the passenger, lost control of his pick up truck, and struck three decorative pillars before overturning. Steven Dankos was pronounced dead at the scene of the accident. The driver and additional passenger sustained injuries as well. The driver of the vehicle, David Erdman, was charged with driving under the influence, manslaughter by motor vehicle, and homicide by motor vehicle.

Drunk driving is one of the most preventable forms of negligent driving but yet there are thousands of people killed every year because of a drunk driver. Drinking causes reflexes and senses to become impaired, teenagers seem to be less aware of this fact. Statistics through the country show that accident involving drunken drivers occur far more frequently with teenagers then any other age group. To make matters worse, while the families are all left with a terrible loss, and may have no interest in criminal charges, it is not their choice. The Howard County Police will review the incident and will proceed with charges regardless.

If you, a family member, or someone you know has been injured in a motor vehicle accident due to the negligence of another party or you would like more information on car accidents, please contact Portner & Shure for a free consultation.

Automobile Accidents and Drinking: Beware of the Consequences

A recent case in Howard County, Maryland demonstrates how serious courts take the situation where a person drinks, gets in a car, and has an accident that leads to the death of another human being. In the case of Jose Santiago, he and a group of friends all went out drinking. An accident occurred, and Santiago's blood alcohol was measured at .09, just above the State's legal limit of .08.

While driving, Santiago lost control and crashed into a truck. Two of the passengers, both friends, were killed. Santiago was charged and plead guilty to two counts of negligent vehicular homicide while driving under the influence of alcohol. Santiago was in this country illegally and U.S. Immigration placed a detainer on him.

Santiago blamed snow for causing the accident. Families of the two men who were killed asked that Santiago be deported instead of jailed. In fact, both families went as far as to go through an official procedure in Mexico to "renounce any illegal act" on Santiago's part and asked that he be deported back to his mother. Despite the families request, the Court sentenced him to three years in jail. Only after he serves the sentence will he be deported.

Most states including Maryland, Virginia, and Texas, all impose jail sentences in automobile accident cases, where the driver was intoxicated, and caused an accident that resulted in the death of another person. Further, most courts will force the illegal immigrant to serve jail time before allowing deportation.