Silver Spring, Maryland Accident Injury Lawyer | I-495 Outer Loop Closed After Tractor-Trailer Hits Police Cruiser

A tractor-trailer accident involving two cars shut down the Interstate 495 outer loop between Colesville Road and Georgia Avenue in Silver Spring, Maryland Monday morning. All lanes of the Outer Loop of the Beltway were closed after Route 29 in Maryland because of the crash that led to a major fuel spill. All of the lanes reopened by about 7:10 a.m.

Just before 2 a.m., a Maryland state trooper and a car that was pulled over were swiped by an Old Dominion Freight Line truck, which then jack-knifed, spilling a large amount of fuel on the Beltway. Hazmat officials spent hours cleaning up the spilled fuel.

Police say no one was seriously injured in the crash.

Driving at night creates a different set of problems for drivers. Driving at night is more hazardous and difficult than daytime driving, making it more difficult to judge distance and the traveling speed of other vehicles. You can see only as far as your headlights allow. Risks increase at night due to visibility problems, which make it difficult to clearly see the path of travel and determine the actions of other drivers.

Below are some simple suggestions to follow when driving at night:
• make sure to use your headlights and follow the suggestions for when to use high beams;
• when approaching oncoming traffic in the opposite lane, do not stare into the vehicle's headlights, as this will impair your ability to see. Instead, keep your eyes focused on the road in front of you, or slightly to the right of the lane you are traveling in (i.e. the right edge of your lane or the edge of the road);
• increase your following distance. This will help prevent a collision in the event the vehicle in front of you needs to stop quickly.

Knowing when and how to use your headlights is critical for safe driving. Headlights are not only used by drivers to help them see in low visibility situations, they are also helpful in identifying your vehicle to oncoming traffic. In Maryland, when driving, you must turn on your headlights anytime there is not enough light to clearly see at least 1,000 feet ahead of your vehicle. Key times to use headlights are night time, foggy conditions and stormy weather. Maryland law requires that you turn on your headlights when you are using your windshield wipers in inclement weather.

Ocean City, Maryland Criminal Defense Attorney | Maryland Assault Laws

In Maryland, an "assault" encompasses the crimes of assault, battery, and assault and battery. Assault is the attempted touching of another person, without that person's consent, and includes the act of placing someone in fear of an intentional touching. Battery is the unlawful and offensive touching of another person without that person's consent.

In Maryland, first degree assault is defined as causing serious physical injury to another individual. According to Maryland Code § 3-201(d), "serious physical injury" is defined as any physical injury that causes protracted or permanent impairment or loss of a bodily organ or member, disfigurement, or a substantial risk of death. In addition, any assault involving a firearm or other dangerous weapon is considered first degree assault. Under Maryland Code § 3-202, a firearm can be defined as a handgun, rifle, shotgun, antique firearm, short-barreled shotgun or short-barreled rifle; and assault pistol; a machine gun; or a regulated firearm.

The penalties associated with a first degree assault conviction in Maryland can include up to 25 years in prison, as well as a felony conviction reflected on your permanent record. Other penalties could include probation, house arrest, restraining orders, driving restrictions and more, depending on the circumstances of your case.

Second degree assault is defined as causing physical injury, or any impairment of physical condition, to another person. Any unwanted physical contact can be considered assault, even if it doesn't ultimately cause injury. Under Maryland Code § 3-203 , a person who is convicted of second degree assault is subject to imprisonment of up to 10 years and/or a maximum fine of $2,500. However, anyone that commits second-degree assault on a government agent, such as a law enforcement officer, is guilty of a felony, subject to imprisonment of up to 10 years and/or a maximum fine of $5,000.

Defenses to assault include self-defense and lack of evidence. The penalties associated with both first and second degree assault in Maryland could alter the course of your life forever. The experienced Maryland assault lawyers at Portner & Shure with a solid track record of success will examine each aspect of your case to build a solid defense that leads to our acquittal or a reduction in your charges and/or penalties.

Ocean City, Maryland Criminal Defense Attorney | DUI vs. DWI in Maryland

With temperatures rising and Memorial Day weekend having marked the unofficial start of summer, many residents of the Baltimore and Washington D.C. metro area will be heading to Ocean City, Maryland during the week and weekends. Whether grilling at a beach house or eating at a restaurant on the boardwalk, it's likely many people will be relaxing and kicking back with a drink or two. People have a tendency to drink more than usual in a relaxed, vacation environment and this could lead to the poor decision of getting behind the wheel. In 2011, over 16,000 arrests were made for driving under the influence in Maryland. It takes only one bad choice to completely change your life.

In Maryland, if you are pulled over for drinking or driving, you could possibly be charged with two types of offenses--a DUI (driving under the influence) or a DWI (driving while intoxicated). If you are charged with a DUI in Maryland, it means, among other things, that your blood alcohol concentration (BAC) posted at a level of .08% of higher. You could face up to one year in jail, and 12 points are automatically marked against your driving record, which results in an instant revocation of your license for six months. The monetary fine for a first offense DUI is $1,000. A second offense DUI could result in jail for up to two years with a mandatory minimum of five days. Your license will be revoked for one year and suspended for one year, there will be a 3-12 months ignition interlock period, 12 points will be marked on your driving record, and there is a $2,000 fine.

You can be charged for a DWI if your BAC is .07. For a first offense DWI, your license is suspended for 60 days with eight points are marked against your driving record. You could face up to 60 days in jail and the monetary fine is $500. For a second offense DWI, your license is suspended for up to 120 days, eight points are marked against your driving record, you could face up to a year in jail, and the monetary fine is $500.

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 DUI or DWI case immediately to ensure your rights are protected. The committed attorneys will work tireless to build a strong defense and find weaknesses in the prosecution's case.

Maryland Criminal Defense Attorney | Road Rage in Maryland

We have all read or seen on the news stories of drivers getting involved in physical altercations due to aggressive driving- or what is commonly referred to as road rage. Road rage can lead to altercations, assaults, and collisions, which can then result in injuries and even deaths.

The National Highway Traffic Safety Administration (NHTSA) states that road rage "involves a criminal act of violence, whereas aggressive driving can include tailgating, speeding and running red lights." The number of deaths related to road rage is difficult to track, but NHTSA estimates that aggressive driving accounts for about one-third of all crashes and about two-thirds of the resulting fatalities.

Portner & Shure recently represented a client who was involved in a road rage incident. He was driving on I-270 southbound in Gaithersburg, Maryland and became involved in an altercation with another driver on the road. The two men pulled over on the shoulder and exchanged verbal insults, which then led to a physical fight on the side of the highway. Our client fractured the other driver's nose and head butted him, resulting in broken teeth. 

Subsequently, our client was charged with second-degree assault, reckless driving, negligent driving, and following a vehicle too closely by the state of Maryland. In Maryland, second-degree assault is defined as causing someone physical injury. If convicted, you can face up to 10 years in prison and a $2,500 fine. In addition, our client was facing a civil lawsuit from the other driver for medical bills and surgery, which amounted to over $27,000. The attorneys at Portner & Shure were able to successfully work with the state and the opposing attorney to resolve the issue by negotiating a much lower pre-trial settlement.

While we may have successfully helped our client resolve both the serious criminal and civil charges he was facing, here, there was no real winner. Both men suffered physical and monetary losses due to a situation which could have been avoided. If someone is tailgating you and acting aggressively, do not make eye contact or retaliate in any sort of way. It's not worth it. If a problem persists, call for help on your cell phone and drive to a police station for help.

Ocean City, Maryland Personal Injury Attorney | Memorial Day Weekend Traffic Update

Heading to Ocean City, Maryland from the Washington D.C. metro area between 2:00 p.m. and 4:00 p.m. on Friday will add about three hours to the trip, according to travel data company Inrix. Inrix stated people who are headed south toward Richmond, Virginia from 2:00 p.m. to 4:00 p.m. on Friday will see their travel time double. According to AAA, 907,750 people plan to leave the region for Memorial Day weekend. Approximately 67,000 people will fly, with the remaining traveling by bus, rail, or boat.

According to the National Safety Council, it is estimated that 382 people will die in traffic crashes nationwide and 40,900 who survive crashes will end up in emergency rooms this Memorial holiday weekend. AAA Mid-Atlantic expects to come to the rescue of more than 30,000 stranded motorists.

The Maryland State Highway Administration suggests you use the free travel service hotline 5-1-1-, which monitors traffic conditions.

Portner & Shure wishes you a safe and happy Memorial Day weekend.

Maryland Personal Injury Attorney | Theories of Liability for Dog Bites in Maryland

Under Maryland common law, an owner or keeper of a dog may be responsible for an injurious act of the dog under two alternate theories of liability: (1) negligence; or (2) strict liability arising from the defendant's knowledge of the dog's propensity to cause harm. Under a negligence claim, an owner of an animal will be liable for damage proximately caused by the animal if the owner exercised ineffective control of the animal in a situation where it would reasonably be expected that injury could occur. In determining the necessary degree of control, the past behavior of the animal and the foreseeability of the injuries should be considered.

Under common law, absent a showing of negligence, a defendant is not liable for an injury caused by a dog unless, at the time of the attack, the defendant knew or had reason to know of the dog's vicious tendencies or propensities (scienter). Though commonly referred to as the "one bite rule," a plaintiff seeking to recover damages for injuries caused by a dog is not required to prove that the dog actually bit someone prior to the attack on the plaintiff. The defendant's knowledge of the dog's vicious propensity "need only be such as to put him on his guard, and to require him a an ordinary prudent person to anticipate the act or conduct of the dog resulting in the injury for which the owner is sought to be held liable." On a showing of knowledge of the dog's vicious propensity, a plaintiff may recover under the common law on the basis of strict liability. 

Early last month, Governor Martin O'Malley signed legislation that lifted the "inherently dangerous" legal stigma from the pit bulls of Maryland. The measure negated the 2012 Court of Appeals ruling in Tracey v. Solesky that pit bulls are "inherently dangerous" and must be held to a stricter liability standard than other dogs. The Court acknowledged that it was imposing "breed-specific liability standards," stating:

"We are modifying the Maryland common law of liability as it relates to attacks by pit bull and cross-bred pit bull dogs against humans. With the standard we establish today (which is to be applied in this case on remand), when an owner or a landlord is proven to have knowledge of the presence of a pit bull or cross-bred pit bull (as both the owner and landlord did in this case) or should have had such knowledge, a prima facie case is established. It is not necessary that the landlord (or the pit bull's owner) have actual knowledge that the specific pit bull involved is dangerous. Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous."

On August 21, 2012, the court reconsidered its decision and limited its application to purebred pit bulls. Animal advocates across the nation objected to the court's delicious to treat pit bulls differently.

The legislation passed by the legislature this year - after failed attempts to reach agreement between the Senate and House in 2012 and 2013 - applies the same legal standard to all dogs. It makes all dogs, regardless of breed, subject to the same liability standard. It shifts the burden of proof to the owner to show that there was no previous reason to believe a dog was dangerous. Previously, the burden had been on the bite victim to prove that the owner knew or should have known that the dog had vicious or dangerous propensities. The legislation also makes it more difficult for victims of pit bull attacks to sue landlords. The court decision in Tracey v. Solesky had opened the door to such suits, and animal advocates contended that people were being forced to choose between losing their homes and giving up their pets.

Baltimore, Maryland Traffic Ticket Attorney | Driving Without a License in Maryland

What is driving without a license in Maryland?

Driving without a license in Maryland can be distinguished from "failure to display a license." If you have a valid driver's license but simply failed to have it on your person when pulled over, you could only be charged with "failure to display a license." However, if you are charged with "driving without a license" in Maryland, it means as a resident of Maryland or as a resident of another state you do not currently have a valid driver's license.

What is the punishment for driving without a license in Maryland?

Driving or attempting to drive without a license in Maryland carries a maximum penalty of 60 days in jail and/or a $500 fine. A conviction for driving without a license will result in 5 points being assessed. The charge carries more time for subsequent offenders.

Can I just pay a fine online if I've been charged with driving without a license in Maryland?

Because driving without a license is an incarcerable offense, meaning that you can serve jail time if you are found guilty of the charges, it is what is referred to as a "must appear" citation. That means that this citation cannot be disposed of just by paying a fine. A driver that receives a ticket for driving without a license must go to court to resolve their case.

Can I apply for a driver's license if I am an illegal resident in Maryland?

Illegal immigrants in Maryland are now able to obtain what is called a "second-tier" driver's license if they meet certain requirements. These second-tier driver's licenses allow holders to drive on Maryland roads, register their cars, and obtain insurance. However, these licenses are not recognized by federal agencies and cannot be used for identification purposes. The words "Not Acceptable for Federal Purposes" is written across the top of the license.

If I am an illegal immigrant in Maryland, how do I apply for a second-tier driver's license?

In order for an illegal immigrant to obtain a second-tier license, an applicant must bring documentation to their driver's license appointment that proves three things: identification, Maryland residency and that the applicant has paid taxes in Maryland or is a dependent of someone who has paid taxes in Maryland for the past two years. 

To prove identification, an applicant can submit a passport. If the applicant is unable to provide a passport, the applicant can submit two of the following, one of which should contain a photograph not more than 8 years old:

• Foreign driver's license


• Birth certificate


• Identification card


• Employment authorization document

To prove Maryland residency, an applicant needs at least two of the following:

• Maryland vehicle registration or car title


• Utility bill


• Bank statement


• Life insurance card


• Property tax bill or receipt


• Proof of home ownership


• Mail from a government agency


• Credit card bill


• Cancelled check

To prove the applicant has paid taxes in Maryland or is a dependent of someone who has paid taxes in Maryland for the past two years, an applicant must provide two years of Maryland tax forms approved by the comptroller.

Should I consult an attorney if I have been charged with driving without a license in Maryland?

If you have been convinced to driving without a license, it is in your best interest to immediately consult an attorney. The highly-skilled, experienced attorneys at Portner & Shure will work diligently to obtain the most favorable results possible for you. For a free consultation, contact a Baltimore traffic ticket attorney at Portner & Shure.