CDS Possession Charge in Maryland | Criminal Lawyer

Visit us at:  www.portnerandshure.com

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

Maryland Decriminalizes Marijuana, Cuts into Criminal Defense Attorney Businesses

On October 1^st, several new laws took effect in Maryland. The most newsworthy change is making possession of less than 10 grams of marijuana punishable by a civil citation rather than a criminal penalty. Under the new law, fines range from $100 for a first offense to $500 for a third offense. The change does not mean that marijuana is legalized in Maryland, it just means that possessing less than 10 grams results in a citation and no criminal charges.

The interesting thing to look at now will be the effect on criminal defense attorneys. Before the change, people knew they needed a lawyer to help them fight a marijuana possession charge. However, now people will likely think they will not need a criminal attorney because they can take care of the citation on their own. Thus, many defense attorneys believe that this law change will substantially cut down business on marijuana possession cases.

Like every new law, there are potential issues and loopholes that people should be aware of. For example, possession of paraphernalia is still a criminal offense punishable up to one year in jail and a $1,000 fine. Another issue could be the impact the new law has on defendants' Fourth Amendment rights against unlawful searches and seizures. Police are allowed to issue citations for probable cause if they believe a person has less than 10 grams of marijuana. There is a potential for a tremendous amount of challenges to searches. One final issue is whether a citation for marijuana possession under 10 grams would be considered a probation violation. New marijuana citations are akin to speeding tickets, which are not considered violations of probation. However, it would appear that marijuana citations could still be considered a violation of probation because marijuana is still an illegal drug and most probation contracts prohibit use of illegal drugs.

It will certainly be interesting to see the effect the new law has on criminal defense attorneys and whether any changes are made to this law or related laws.

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

Korean Accident Lawyer Maryland

Visit us at www.koreanaccidentlaywer.com

or call us at (301) 854-9000 to speak with an experienced Korean car accident lawyer today for a free consultation.

3 Reasons Why Our Paralegals are some of the best

First, people often ask me if I'm upset that attorney Bob Katz hires my former employees. I know that currently three of my former staff members work for him. None of course quit to go there, and all left after being trained by Portner & Shure. I am not upset. Instead, I am proud that even our former employees are considered an asset to Bob Katz. In fact, one former Korean employee does his new case screening. Further, one of our former paralegals now services the Korean community for Mr. Katz.

Second, our paralegals are trained on a case management system known as Needles. Even Bob is aware of the training our employees are given on this system, and acknowledges that this system is the best way to manage personal injury cases.

Third, our current paralegals are trained on the colussus system. The colussus system is used by the insurance carriers to evaluate claims. Paralegals who understand how this system works understands how to value a case.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office at (301) 854-9000 or visit us on the web at www.koreanaccidentlawyer.com

Maryland Traffic Ticket Attorney | How to Defend Your Record

You've just been pulled over for speeding on I-95. As the officer approaches your vehicle, you think you're done for. You may have prior traffic citations, but you're not sure how many points you have on your license. You think: am I going to lose my license? What do I do now?

First, relax. There are a number of strategies you can use to protect your driving record. Your control over the outcome starts with the traffic stop itself. Be cooperative and polite with the officer. The officer has the power to lower your citation to a reduced speed in court (which means fewer points and a lower fine), and the officer will be much more inclined to do so if you were polite and cooperative.

Two, retain an attorney. If you've been given a serious traffic citation, you could be facing fines of up to $500 and loss of your driver's license. An attorney can protect your rights at trial by holding the officer to the requirements of the law. For example, an officer must prove four things in order to use a radar speed reading against you in court. The officer must show (1) that the equipment was properly tested and checked, (2) that it was manned by a competent operator, (3) that proper operative procedures were followed, and (3) that proper records were kept. See Fitzwater v. State, 57 Md. App. 274 (1984). At trial, an attorney can cross-examine the officer on these topics and attempt to have radar evidence of your speed excluded from trial.

An attorney can also negotiate with the officer on your behalf. The officer is much more likely to agree to reduce your citation if you have an attorney representing you. If you choose to plead guilty, an attorney can also argue to the judge to reduce your speed, resulting in fewer points and a lower fine, or to grant you probation before judgment, which results in zero points added to your license. An attorney can also help you get a probation before judgment expunged from your record, leaving you with no record of the citation.

If you wish to have a trial on your ticket, be sure to request one within 30 days by checking the "Request a Trial" box on the return to court copy of your citation. You may also "Request a Waiver Hearing" to plead guilty with an explanation in court. If you request a trial, the officer is required to appear, however, you can still choose to plead guilty at the hearing. If you elect to request a waiver hearing, the officer will not be required to appear, however you will be able to argue to the judge for a reduced sentence.

Knowing how many points you are facing before you get to court may reduce your anxiety over the citation. You can look up your citation on Maryland's schedule of fines and points here - www.courts.state.md.us/district/forms/criminal/dccr090.pdf. Whether you are in danger of losing your license will depend on the number of points you have accumulated in the last two years. At 5-7 points, you can complete a Driver Improvement Program to keep your license. At 8-11 points, your license will be suspended, however, you may request a hearing with the MVA to contest this. At 12 points, revocation proceedings will be instituted.

If you, a family member or someone you know has been charged with a crime, convicted of DUI / DWI, or if you would like more information on criminal defense, please visit us on the web at http://portnerandshure.com

 

 

Silver Spring, Maryland Auto Accident Attorney|Who is responsible for my auto accident?

After an auto accident, many of our clients are scared and confused by the overwhelming legal process. Clients come to us with worries of their case that arise from every angle. We always tell our clients that the most important step is recovery and treatment. Any stress or anxiousness with regard to their case can only hinder their ability to recover. The attorneys at Portner & Shure make sure that clients focus on their treatment while we, the professionals, take care to pursue every avenue for compensation.

 

While most attorneys rarely look beyond the obvious opponent, the other party to the accident, the attorneys at Portner & Shure take a closer look at accidents to ensure that every party is held responsible for the accident. Besides the other driver, we look to parties such as the automobile manufacturer who may have produced or assembled a faulty vehicle, the parts manufacturer who may have produced a faulty part used in the vehicle, and the government who may have failed to maintain or may have constructed a poorly designed road.

 

Recently, General Motors recalled 8.5 million vehicles due to ignition switch problems. These recalls came too late after 13 drivers and passengers had died due to these issues. Now, the CEO of the manufacturing company that produced the ignition switches claims that he holds no responsibility for the deaths. It is easy for auto accident attorneys to provide a cursory look and choose the easiest way to process your case in an assembly-line manner, but the attorneys at Portner & Shure take the extra step to closely examine all avenues of compensation so that you, the client, can recover from your injuries. 

Maryland Criminal Defense Attorney | Maryland Human Trafficking Laws

"Operation Cross Country" by the FBI netted more than 280 arrests of pimps around the country, including four in Prince George's County.

Rebecca Wu, a spokesperson for the FBI, says local, state and federal law enforcement partners and the National Center for Missing and Exploited Children took part in the week-long operation, which became the largest and most successful Operation Cross Country. The investigation included 106 cities.

FBI Director James B. Comey said this was the eighth time the FBI coordinated an operation against sex trafficking. The nationwide campaign targeted places ranging from casinos, to truck stops to pornography stores.

"Targeting and harming America's children through commercial sex trafficking is a heinous crime, with serious consequences," Comey said in a press release. "Every child deserves to be safe and sound. Through targeted measures like Operation Cross Country, we can end the cycle of victimization."

Two teen girls from the Washington D.C. metro area were rescued by the FBI, including a 16-year-old girl from D.C. found in a Rockville motel. More than 160 others were rescued nationwide. 

"One was returned to their parents and one was taken to social services for help," special agent in charge Steve Vogt said.

Four pimps were arrested in Prince George's County and another was found in Baltimore County. They will face federal charges.

 

Human Trafficking Laws in Maryland

Maryland law directly addresses sex trafficking, without the need to show force, fraud, or coercion, through Md. Code Ann., Crim. Law § 11-303 (Human trafficking). Under Md. Code Ann., Crim. Law § 11-303(a)(1), it is illegal for a person to knowingly

(i) take or cause another to be taken to any place for prostitution;
(ii) place, cause to be placed, or harbor another in any place for prostitution;
(iii) persuade, induce, entice, or encourage another to be taken to or placed in any place for prostitution;
(iv) receive consideration to procure for or place in a house of prostitution or elsewhere another with the intent of causing the other to engage in prostitution or assignation;
(v) engage in a device, scheme, or continuing course of conduct intended to cause another to believe that if the other did not take part in a sexually explicit performance, the other or a third person would suffer physical restraint or serious physical harm . . .
. . . .

 If the victim of the conduct described in Md. Code Ann., Crim. Law § 11-303(a)(1) is a minor, the defendant is guilty of a felony punishable by imprisonment up to 25 years, a fine not to exceed $15,000, or both. Md. Code Ann., Crim. Law § 11-303(b), (c)(2).

Pursuant to Md. Code Ann., Crim. Law § 11-303(e), "A person who knowingly benefits financially or by receiving anything of value from participation in a venture that includes an act described in subsection (a) or (b) of this section is subject to the same penalties that would apply if the person had violated that subsection." If the offense involves a minor, that person also will be guilty, without regard to the use of force, fraud, or coercion, of a felony punishable by imprisonment up to 25 years, a fine not to exceed $15,000 or both. Md. Code Ann., Crim. Law § 11-303(e)(1), (c)(2). 

Silver, Spring Maryland Criminal Defense Attorney | Maryland Robbery Laws

The FBI and the Metropolitan Police Department are looking for a suspect in connection with five separate bank robberies in the DC metro area.

According to a news release from the FBI, the man attempted to rob the Wells Fargo bank in the 3200 block of Pennsylvania Avenue SE around 12:30 p.m. Friday.

Later that day, he attempted to rob another Wells Fargo, this time in 1st Street NE. Minutes later, the FBI said he robbed a TD Bank in the 1200 block of 1st Street NE.

Officials say the same man is wanted in connection with a June 6 bank robbery, as well as an attempted bank robbery June 7. 

Authorities are offering a $5,000 award for information that leads to this man's arrest.

If you have any information about any of the robberies, please contact the FBI at 202-278-2000 or call the Metropolitan Police Department at 202-727-9099.

Maryland Robbery Laws

Maryland courts have adopted the common law definition of robbery. The common law defines robbery is, "the felonious taking and carrying away of the personal property of another from his person by the use of violence or by putting in fear." Under Maryland law, robbery is the taking of someone else's rightful property through force or through the threat of force. As a violent crime, robbery is prosecuted as a felony. The penalties for robbery in Maryland depend on the circumstances of the crime.

• Robbery - taking the victim's money or property through force or threat of force; maximum sentence of 15 years in prison.


• Armed Robbery - using a weapon (gun, knife, or other item that can be used as a weapon) to perpetrate a robbery; maximum sentence of 20 years in prison. Even if you only claim to have a weapon in your possession, your conviction could result in up to 20 years. Yes, an empty threat of a gun is enough to elevate the sentence.


• Carjacking - stealing a person's vehicle through means of force, threat of force, or weapon; maximum sentence of 30 years in prison.

A robbery conviction can lead to decades behind bars. Upon release, a convicted felon faces numerous restrictions, including prohibition from owning a firearm, lengthy probation, and limitation of employment and housing options. A felony conviction carries negative ramifications that can last a lifetime. 

You have rights and it is your attorney's job to help protect those rights throughout the criminal process. If you are charged with a robbery offense or carjacking, call the law offices of Portner & Shure today to discuss the details of your case and how we might be able to help. No criminal defense lawyer can guarantee results, but we can guarantee to fight tirelessly on your behalf. Our highly-experienced attorneys will be able to help you analyze your case and the evidence against you to determine what steps to take in mitigating the impact of the charges on your life.

Gaithersburg, Maryland Criminal Defense Attorney | Maryland Man Charged With Hiring Hitman To Kill His Fourth Ex-Wife

A 37-year-old Gaithersburg man is accused of ordering a $1,000 hit on his fourth ex-wife, Montgomery County Police say. Perhaps, the fact it was his fourth ex-wife was a clue in itself.

Detectives say they received information last Tuesday Ndokey P. Enow wanted to hire someone to kill his ex-wife. An undercover Montgomery County Police officer posing as a hitman met with Enow at Four Corners in Silver Spring several days later, offering his services to Enow for $1,000.

Enow then showed the "hitman" photos of his wife and where she lived. Just after the meeting concluded, Enow was arrested and charged with solicitation to commit first-degree murder and attempted first-degree murder.

Enow confessed to the crime during police questioning. He is being held without bond.

The law in Maryland is that an attempted crime occurs when the defendant takes a substantial step, beyond mere preparation, toward the commission of the crime and that they intend to commit that crime. A defendant cannot be charged with both an attempt to commit a crime and the actual crime itself because by definition an attempt means that the person tried but was not successful in carrying out the criminal act. In Maryland, the maximum punishment for an attempt cannot exceed that of the punishment for the underlying offense.

Attempted murder in the first-degree is covered by Maryland Criminal Law Code § 2-205. According to this code, any individual who attempts to commit first-degree murder can be found guilty of a felony. The associated penalty is imprisonment of up to life.

Rockville, Maryland Traffic Ticket Attorneys | New Maryland Law Gets Rid of Speed Camera Bounties

A new Maryland law goes into effect getting rid of the so-called "bounty system" for speed cameras.

Cities and counties can no longer pay speed camera vendors based on how many tickets their cameras issue to drivers.

Cameras can often be calibrated to be too sensitive, or in other cases, they might be unfairly positioned. In Maryland, if more than five percent of the citations issued by a single camera are found to be erroneously issued over the course of a year, the contractor will be fined half the cost of the lost revenue.

In school zones, the speed limit must be at least 20 mph for a speed camera to go up in the area. And the school zone must be clearly marked with a warning.

To ensure that systems operate fairly, speed and red light cameras are calibrated at independent labs. That means that camera operators can't rig a system to make it more sensitive in an effort to generate more tickets. 

The law also requires the Maryland Police Training Commission to report speed camera statistics annually, in addition to making the numbers public record.

Maryland Auto Accident Attorney | Maryland Cell Phone, Texting, and Driving Laws

Can I send a text message or talk on my handheld cell phone while driving in Maryland?

No. Maryland bans cell phone use while driving without a hands-free device. This means you cannot have the phone in your hands while driving. Instead, drivers must use a hands-free device, like a Bluetooth headset, if they wish to talk on their cell phone.

Can law enforcement officers pull me over for talking or texting on my cell phone?

Yes. In Maryland, the use of handheld cell phones (includes both talking and texting) while driving is a primary offense. This means law enforcement officers in Maryland have the authority to pull drivers over for talking and/or texting on a cell phone without using a hands-free device. The offense was previously a secondary offense, requiring officers to pull you over for something else before citing drivers for using their phones improperly.

What are the fines associated with getting pulled over while using a cell phone while driving in Maryland?

A first-time offender will be fined $83, including court costs. A second offense will cost $140 and increase to $160 for a third and subsequent offense. In addition, if the violation contributed to an accident, 3 points will also be assessed in addition to the fine.

What if I need to use my cell phone for an emergency?

Drivers can use their phones to call or text 911 in the event of an emergency. Maryland law continues to ban the use of cell phones while driving for school bus drivers, those under 18 and adults who hold learner's permits.

Columbia, Maryland Auto Accident Attorney|Injured in an Accident? How Soon Will I be Compensated

Maryland Personal Injury Attorney|Newsletter

Check out our March Newsletter

Maryland Court of Appeals Helps Criminal Defendants Filter Prospective Jurors

Before a juror can be chosen to serve in a jury, there is a process known as voir dire. This is the questioning of prospective jurors to determine if the juror would be biased in a particular case. Last week, the Maryland Court of Appeals, the highest court in Maryland, reversed a criminal conviction, Cervante Pearson v. State, while setting new standards for questioning prospective jurors: The court found that if the prosecution's case relies heavily on police testimony, the defense may require that all jurors be asked if they have ever been a member of a law enforcement agency.

The court found that if a case for a criminal conviction is strongly based on the testimony of members of law enforcement agencies, and the prospective juror has been a member of a law enforcement agency, that potential juror may give more weight to those testimonies because of this affiliation. Because of this, a defendant is entitled to know of this association and be given the opportunity to strike him as a prospective juror. 

The court, along with this, also overturned a 2011 holding which allowed for defense to ask prospective jurors if they have "strong feelings" about the crime that would make it difficult for them to "fairly and impartially weigh the facts of [the] trial." The court removed the condition which asked if these strong feelings would make it difficult for them to fairly and impartially weight the facts of the trial. Now, the question only asks of the prospective juror has strong feelings about the crime and allows the litigants to determine if these feelings will make it difficult for the prospective juror to be fair and impartial.

While these holdings is good news for future criminal defendants, the court made it clear that convicts may not use these new standards to overturn their convictions. 

MARYLAND, VIRGINIA, AND WASHINGTON D.C. EXPERIENCED BUS ACCIDENT ATTORNEYS RECOMMEND BUS ACCIDENT VICTIMS TAKE CERTAIN STEPS

Although there were no life-threatening injuries reported, the victims of the Bus Crash that occurred in Montgomery County, Maryland are lucky to be alive. Each year an average of 137 fatalities and 17,000 injuries result from school bus accidents across the United States. These figures do not include injuries arising from accidents involving public transportation busses. Contributing to these figures is the fact that only a handful of states have laws that require busses to be equipped with seatbelts. If you have been involved in a bus accident, experienced bus accident attorneys recommend that you take at least the following steps:

1. Seek medical attention. Even if you are unaware that you are injured, it is critical that you see a doctor as soon after the accident as possible to ensure that you are unharmed.

2. Take notes. As soon as you are safe and able, take notes of what you witnessed, including what led to the accident, who was involved, the driver's name, bus number, and any other witnesses at the scene.

3. Seek an experienced attorney. Maryland, Virginia, and the District of Columbia each have laws requiring that a personal injury claim be filed within a certain amount of time. Therefore, it is critical that you seek an experienced bus accident lawyer as soon after the bus accident in order to determine if you are the victim of a personal injury. 

The cause of the Montgomery County Bus accident involving a public transportation bus that drove into a citizen's home remains under investigation. This accident is an example of many bus accidents that occur in Maryland, Virginia, and the District of Columbia. Bus accidents that occur in these localities too frequently involve the negligence of a bus company and an absence of seatbelts that can otherwise minimize the harm to bus passengers. If you, or someone you know has been injured as the result of a Bus Accident in Maryland, Virginia, or the District of Columbia, call the experienced Maryland, Virginia, and Washington D.C. Bus Accident Attorneys at Portner & Shure, P.A. (301) 854-9000.

What Makes Portner & Shure Better than Other Personal Injury Attorneys in Howard County?

1. Familiarity with Columbia and the surrounding area. We opened in Ellicott City eighteen years ago, and now have our main office in Columbia. Since that time we have settled or tried over 15,000 personal injury cases, many for Howard County clients. We know how to best handle a Howard County accident case just by shear experience. Our verdicts and settlements in Howard County reveal that we can recover fair compensation from every insurance carrier including Allstate, MAIF, and GEICO. Further, the Howard County criminal defense attorneys on staff here at Portner & Shure have been to court with thousands of criminal defendants and have obtained excellent results. I have lived in Ellicott City for over ten years and am active in the community. In addition, half of our staff resides in Columbia or Ellicott City. As a result, we know the tendencies of the citizens who make up juries in Howard County and we know the tendencies of most of the Howard County District Court and Circuit Court Judges. This knowledge is a great asset in Howard County personal injury jury and Howard County criminal cases.


2. Does Portner & Shure do anything special to help represent the diverse make up of the residents of Howard County?Howard County has an extremely large and active Korean community. Our Korean Department allows our Howard County personal injury law firm to help Korean speaking accident victims and Korean speaking criminal defendants in Ellicott City and Columbia. In order to assist the Spanish speaking population, we currently have a Spanich department, including Elizabeth, Norma, Claudia, Will and Cynthia, to help with Spanish speaking automobile accident victims and Spanish speaking residents charged with DWI or other criminal offenses in Ellicott City and Columbia. Lastly, we have a Chinese department, consisting of Rosanna, Jane and Christine, to help Chinese speaking automobile accident victims and Chinese speaking criminal defendants in Columbia and Ellicott City.


3. Why Portner & Shure in Howard County?

• Our foreign departments allow our Howard County law firm to help the diverse population


• Our Howard County attorneys are always available


• We have a convenient, main office located in Columbia in Howard County


• Our Howard County attorneys have experience in Howard County from working and living here for approximately eighteen years.


• Our track record of great results


• We are respected by every insurance company

Top Ten Defenses to Maryland Personal Injury Claims

1. Liability - Many Maryland auto accident cases involve a dispute over who is at fault. In a simple rear end collision, liability is often accepted when the claim is filed. If the accident involves a lane change, sudden stop, multiple impacts or two different accounts of the accident with no police report or witness, the automobile insurance company often denies liability(almost always if the carrier is Geico or MAIF). These claims end up in court where an experienced personal injury attorney has the burden to prove, by a preponderance of the evidence, that the other driver was at fault. The term preponderance of the evidence means more likely than not. In other words, the fate of your accident recovery often depends on the experience of the trial lawyer you retained. A "Trial Lawyer" is someone you need to hire when you first call an attorney, not just a Maryland accident lawyer. Portner & Shure's attorneys are trial attorneys and our website reflects many of the injury awards we have received in court, not just by settling.


2. Contributory Negligence - Maryland's contributory negligence doctrine is cut throat and can be a complete bar to an injured victim's recovery. Maryland personal injury attorneys often struggle to help clients because of this all or nothing rule. Under contributory negligence, the accident victim's failure to exercise a reasonable degree of care and caution, no matter how slight, is an absolute bar to recovery. If the defendant's lawyer can convince a jury that the victim was only 1% at fault, that individual will not recover any damages. Maryland personal injury lawyers have been struggling against the doctrine of contributory negligence since it was adopted by the Maryland Court of Appeals in 1847. In 1868, accident victims received some reprieve when the Court of Appeals adopted the last clear chance doctrine. The last clear chance doctrine allows recovery by an accident victim, who would other wise be barred from recovery due to contributory negligence, if the defendant had the last chance to avoid the accident. Many Maryland accident attorneys do not understand how this rule works. As a result, you must hire an experienced injury lawyer who can overcome this rule.


3. Low Property Damage - Some automobile accident claims, where liability is not disputed, don't settle. One of the main reasons these cases fail to settle is because insurance adjusters refuse to offer fair settlements in accidents where the property damage to the injured victim's vehicle amounts to less than $1,000. Insurance companies often argue, in these cases, that the medical treatment received by the injured party was not warranted considering the low impact and that the injuries suffered could not have resulted from a minor accident. The adjusters' low impact argument often fails in court. There are several arguments that can be made on behalf of a plaintiff by an experienced Maryland accident lawyer. First, large accidents with significant property damage can result in little or no injuries to those involved, while minor accidents often result in serious injuries. Second, especially in rear end collisions, the injured victim does not have a chance to brace for impact. Third, sometimes the types of vehicles involved can explain the extent of the property damage. Forth, the evaluation of the accident victim's injuries and treatment is done by medical professionals who, absent evidence to the contrary, give medical treatment that is fair and reasonable and medically necessary. In almost every district court in Maryland, Portner & Shure trial attorneys have prevailed in low impact accidents.


4. Preexisting Injury or Underlying Condition - In many personal injury cases, the injured victim may have a preexisting injury or underlying condition. In these personal injury cases, insurance companies' attorneys will argue that the individual was already injured, experiencing symptoms before the accident and that the injury was not caused by the accident. When a plaintiff has a preexisting injury, an experienced Maryland accident attorney can use medical records to show that the plaintiff was fully recovered from the accident and released from treatment. Further, the personal injury attorney can argue that the plaintiff was asymptomatic before the current accident or that the preexisting injury was made worse by the accident. If the injured accident victim has a preexisting injury, such as a degenerative back condition, the fact that the condition was exacerbated or that there was a predisposition for an injury could explain why the accident resulted in significant injury. This argument is based off of the "Egg Shell Theory" which dictates that the condition of the victim prior to the accident does not mitigate the liability of the negligent party for the injuries resulting from the accident. In other words, "you take the victim as you find them".


5. (a) Causally Related - Sometimes insurance companies and there lawyers will argue that the injuries are not causally related to the accident, and that there is no reasonable connection between the accident and the alleged injuries. For example, if an individual is involved in an automobile accident and claims that, as a result, he or she had an appendix removed there is a strong argument against that claim. However, if a person is involved in an accident, which leads to a panic attack and an overnight stay in a hospital, there is a strong argument to be made that the condition was caused or exacerbated because of another person's negligence. Again, the Maryland personal injury attorneys have to prove by, a preponderance of the evidence, that the injury was caused by the accident, which means that the injury was more likely than not caused by the accident.
(b) Medically Necessary - This defense is often used when an injury victim pursues alternative healthcare such as acupuncture, acupressure and aquatic therapy. Insurance companies and there attorneys argue that this treatment is not legitimate. At trial, defense attorneys will often make a pretrial objection to any type of acupuncture treatment. The Maryland attorneys at Portner & Shure represent many Chinese, Korean and Vietnamese accident victims. Our Maryland accident attorneys defeat the objections of defense attorneys. Acupuncture is an ancient form of medicine and to argue that an injury victim does not have an option to be treated by an acupuncturists is rarely successful at trial. In Maryland accident cases that involve more serious injuries, defense attorneys often argue that invasive procedures such as surgery and epidural steroid injections are not medically necessary. This argument is easily overcome by the expert testimony of a treating physician.

6. Assumption of the Risk - The concept of "assumption of the risk" is fairly basic. For example, bee keepers assume the risk of being stung and rock climbers assume the risk of falling to their death. Simply put, a person who engages in risky activities cannot complain when the result is injury or death. The legal concept of "assumption of the risk" is based on the same principle, but does require a more detailed explanation. In Maryland, a person assumes the risk if that individual voluntarily engages a particular action or inaction known to that person to be inherently dangerous. If that particular action or inaction leads to an accident which results in injury, there can be no claim of negligence. For example, if a person is having a particularly good time and decides to dance on top of the bar, that individual cannot claim negligence if he or she slips on a spilled drink and falls. Assumption of the risk is a favorite argument of defense lawyers in Maryland, however, it is seldom applicable in auto accident, malpractice and product liability cases. The assumption of the risk defense is often utilized successfully in Maryland slip and fall cases.


7. Subsequent Accident or Injury - If an accident victim is involved in a subsequent accident the insurance companies and their attorneys can argue that the subsequent accident superceded the prior accident. An experienced Maryland personal injury lawyer can overcome this defense by examining the medical records. If the plaintiff's complaints were resolved before the subsequent accident then the defense is without merit. In cases where the subsequent accident was minor and there was little to no treatment, the personal injury attorney can argue that the subsequent accident was merely a blip on the radar and did not impact the more serious injuries resulting from the prior accident.


8. Gaps in Treatment - Too often Maryland accident victims wait several days before they are seen by a doctor, physical therapist or chiropractor. The longer the gap between the accident and the initial medical evaluation and treatment the stronger the argument that the accident victim did not require treatment. Defense attorneys like to argue that because an accident victim didn't immediately go to the hospital or doctor that the plaintiff's complaints lose credibility. Experienced Maryland personal injury attorneys should know that, in many cases, symptoms such as pain and stiffness do not manifest until a few days after the accident. Once an initial evaluation is done, gaps between treatment can be damaging to a personal injury claim. Most treatment plans follow a schedule prescribed by a medical professional designed to reach optimal recovery. Deviation from the treatment plan should be avoided. A defense attorney, who is presented with gaps ranging from a week to a month between treatment dates, has a very strong argument against the plaintiff's claims.


9. Fair and Reasonable - This is a term based off of community standards. This argument is often used when an injury victim double treats with two chiropractors and neither of the chiropractors knows. Defense attorneys will argue that an injury victim over treated and that the length of treatment was too long. In some cases, an injury victim may get MRI's of parts of the body that weren't injured in the accident. Sometimes healthcare providers over charge or over treat. When this unfair practice occurs the healthcare provider actually comes under attack and those bills may be nullified by the court's determination. The basic rule to follow in order to avoid this defense is to treat until your injuries are resolved.


10. Poor Witness - The insurance company will often contend the accident case is worthless because the plaintiff does not present well, or is a poor witness. In these instances the carrier must be pressed to give the exact reason for this contention. Often adequate trial preparation can overcome this issue. Further, the issue may be raised due to prejudice or language barriers. Some adjusters hear a foreign accent, whether Spanish, Chinese, Korean or Vietnamese, and immediately offer less. At Portner & Shure we have experience in Maryland courts litigating cases including Spanish, Korean, Chinese and Vietnamese speaking accident victims. Our Verdicts have never suffered because one of our plaintiffs is non-English speaking.

 

U.S. Department of Transportation Increases Mandatory Truck Driver Rest Time

U.S. Transportation Secretary Ray LaHood today announced a final rule that employs the latest research in driver fatigue to make sure Maryland and Virginia truck drivers can get the rest they need to operate safely when on the road. The new rule by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers.

"Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked," said Transportation Secretary Ray LaHood. "This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely."

As part of the HOS rulemaking process, FMCSA held six public listening sessions across the country and encouraged safety advocates, drivers, truck company owners, law enforcement and the public to share their input on HOS requirements. The listening sessions were live webcast on the FMCSA Web site, allowing a broad cross-section of individuals to participate in the development of this safety-critical rule.

"This final rule is the culmination of the most extensive and transparent public outreach effort in our agency's history," said FMCSA Administrator Anne S. Ferro. "With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer."

FMCSA's new HOS final rule reduces by 12 hours the maximum number of hours a Maryland or Virginia truck driver can work within a week. Under the old rule, Maryland and Virginia truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver's work week to 70 hours.

In addition, Maryland and Virginia truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.

The final rule retains the current 11-hour daily driving limit. FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.

The rule requires Maryland and Virginia truck drivers who maximize their weekly work hours to take at least two nights' rest when their 24-hour body clock demands sleep the most - from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule's "34-hour restart" provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provision only once during a seven-day period.

Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Maryland and Virginia trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense. Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013.

A Maryland or Virginia truck driver or company who violates this rule is negligent. Driver fatigue is often the cause of serious truck accidents which result in severe injuries. If you or someone you know has been injured in a truck accident or tractor trailer crash in Maryland or Virginia contact the Maryland truck accident attorneys and Virginia tractor trailer lawyers at Portner & Shure.

How Some Law Changes Could Reduce Fatal Automobile Accidents in Maryland

Hundreds of lives could be saved in both Maryland, D.C., and Virginia, over the next five years if the legislature passed more phased-in driving privileges for teens. Across the nation, and in the Maryland and Virginia area, motor-vehicle crashes are the leading cause of death for teens. In fact, per each mile driven, drivers ages 16-19 are four times more likely to be involved in an automobile accident.

Experts have noted that graduated driver licensing (GDL) programs for teens reduce the death and accident tolls significantly. In fact, they have identified several components that constitute a strong GDL. Amazingly, only two states, New York and Delaware have programs with all seven.

The seven components are as follows:

1. A minimum age of 16 for a learner's permit (Maryland now has);

2. Six months of supervised driving before unsupervised driving;

3. A minimum of 30 hours supervised during learner's stage (Maryland now has a supervised hour requirement);

4. A minimum age of 16 ½ for intermediate licensing (Maryland now has);

5. Intermediate night-driving restriction beginning at 10p.m. (Maryland now has a night driving privilege);

6. No more than one non-family member passenger for intermediate license holders (Maryland now has);

7. A minimum age of 17 for a full license.

The last restriction could place undue hardship on many working families in Maryland and Virginia who rely on their teenagers to help with car pool. As a result, while it saves lives, it seems unlikely to become law in our area.

Five Social Media Tips for Maryland Injury or DWI/DUI Clients

Thousands of Portner & Shure's personal injury and criminal clients, in both Maryland and Virginia, log onto social media sites every day to chronicle their personal and professional lives. These sites create a virtual gold mine of potential legal liability and discoverable information that may have a devastating impact on the outcome of both a Maryland or Virginia accident, or criminal case. One of the first lawsuits to be filed over social medica activity involved country singer, Courtney Love, who was sued by her former designer for defamation concerning alleged damaging statements posted by Love on her Twitter account. Love's supposed damaging tweets were "published" to her 40,000 Twitter followers, and set the stage for the world's first well-known social media suit.

1. Social media content may be used in the courtroom, or by insurance adjusters in matters involving personal injuries, including Maryland and Virginia automobile accidents, workers' compensation and medical malpractice cases. Social media users often post information about vacations, participating in sports or other activities. These posts may be inconsistent with claimed injuries. Information and comments posted by Maryland or Virginia accident injury victims on Facebook, Twitter or blogs, may be admissible at deposition or trial and could destroy or dramatically reduce the value of a Maryland or Virginia injury case. Five years ago a personal injury client at Portner & Shure would be warned that insurance companies may hire an investigator to follow them and video their daily activities. While this practice is now decreasing, the use of adjusters reviewing Facebook or Twitter posts in a Maryland and Virginia in a personal injury case is now on the rise. Be advised that everything a personal injury client is putting on Facebook or Twitter may be reviewed by an insurance adjuster to reduce the value of a Maryland or Virginia automobile accident, workers' compensation or medical malpractice claim. Below are some examples to take into consideration:

a. In one case a woman was claiming that because of her back injuries, suffered in a Maryland car accident, she could no longer walk. An adjuster reviewed her blog posts. In the blogs she described taking belly dancing classes for years. She in fact even posted photo's of her dancing at monthly performances. The photos and blog posts were later shown to her treating physician. The doctor testified that he was:

• unaware of the woman's belly dancing classes


• unaware that she had been doing belly dancing monthly performances


• unable to state she was not physically capable of employment

b. A second time Maryland DUI client recently wondered why he was facing a probation revocation after boasting on Facebook that he just went to a concert and smoked marijuana.

c. The Workers' Compensation Commission recently stopped a clients benefits after an adjuster learned he was making money selling personal items on Craigslist.

2. Under current Maryland or Virginia rules it is not unfair or unethical for a defense attorney or insurance adjuster to collect evidence from your Facebook or Twitter posts. Ethical rules are slowly developing with respect to the boundaries of investigators using social media to destroy or limit Maryland and Virginia automobile accident, workers' compensation or medical malpractice claims. In fact, no hard and fast rules have yet emerged. As a result, you cannot claim foul or unfair, once the damaging information passes into the hands of unwanted persons. At this stage, defense attorneys, insurance defense paralegals, and investigators maybe using "friend requests" to gain access to online information of Portner & Shure automobile accident clients.

3. Social media can be used to attack the need for medical treatment, or the actual testimony of your doctor in a Maryland or Virginia automobile accident, workers' compensation or medical malpractice case. The activities you talk about on Facebook or Twitter, i.e. running, working out, raking leaves, skiing, cannot in anyway be consistent with what you are telling your doctor you cannot perform. In the event that they are, and this is discovered after the course of medical treatment, all the medical bills and treatment may be called into question.

4. At trial credibility (believability) of an accident victim or DUI defendant is at issue. In other words, the outcome often hinges on whether the jury believes this one persons account of what occurred. Social media posts can destroy a plaintiffs credibility. Credibility will cause irreparable damage, if evidence of activities is not inconsistent with the claims made to a medical doctor.

5. In light of the above, we suggest you make sure the following changes while using Facebook or Twitter if you have an active Maryland or Virginia injury case.

a. Check the privacy settings on your accounts and make sure you only share information with people you trust. Never accept a friend request or invitation from someone you don't know;

b. Assume the insurance company and defense lawyers have access to everything you post. Avoid talking about, mentioning, or referring to your case in anyway so that nothing can be used against you in court;

c. Don't put any photos or videos of yourself on Facebook, even if they are from before the accident occurred. Ask your friends to avoid putting any pictures or videos of you on Facebook, and even if they do, request that they be removed or untag yourself right away;

d. Don't engage in any conversations about your injury case in online forums, blogs, chat rooms, message boards or even email;

e. If you are a Maryland or Virginia Chinese speaking, Korean speaking or Spanish speaking automobile accident victim, these rules also apply to you. Insurance companies are using interpreters to go through Facebook, Twitter and blog posts.

Uninsured or Underinsured Motorist Coverage in Maryland

A large number of Maryland drivers are uninsured. Too often these individuals cause automobile accidents that result in injuries to the other driver. Fortunately, in Maryland, the injured victim can pursue an uninsured/underinsured automobile accident insurance claim. This type of claim is available in two situations:

1. Uninsured motorist - the negligent driver has no auto insurance coverage

2. Underinsured motorist - the negligent driver has insufficient liability insurance limits that cannot cover the injured victim's damages, and the negligent driver's policy limits are lower than the limits of the victims uninsured/underinsured motorist coverage

Maryland unisured/underinsured motorist coverage is insurance coverage that covers your auto accident just as your liability insurance would provide compensation for an individual who you might injure as a result of careless driving. In Maryland, unisured/underinsured coverage usually extends to family members living in the household of the insured and passengers.

What Is the Difference in Maryland Between a Survival and a Wrongful Death Action?

When an automobile accident, truck accident or doctor's negligence results in a fatality there are two separate claims that can be made on behalf of the victim's family and estate. A Maryland wrongful death attorney can bring a wrongful death action. This type of claim is brought by the immediate relatives of the victim. In a wrongful death claim the family seeks to recover for their losses resulting from the accidental death of a loved one. A Maryland personal injury lawyer can also bring what is called a survival action on behalf of the victim's estate. A survival action claims recovery for the injuries suffered by the decedent including the pain and suffering and other damages and actual expenses incurred by the victim up until the time of death.

In a wrongful death action in Maryland, the amount immediate family members can recover is determined by the emotional and financial harm they experienced as a result of their loss. In a wrongful death case the estate of the decedent is not involved and the family members of the victim are acting entirely on their own behalf. In a survival action in Maryland, the amount the decedent's estate can recover is determined by the harm to the actual victim. The representative of the estate brings the lawsuit on behalf of the decedent.

The Maryland personal injury attorneys and Maryland wrongful death lawyers at Portner & Shure are experienced in handling these types of lawsuits. Our attorneys balance professionalism, aggressiveness and compassion when we represent client's who have lost a loved one.