Maryland Car Accident Attorney|Asleep at the Wheel

Most of us understand the risks of driving after a few drinks. We arrange for a designated driver or we take a taxi when we have had too much to drink. But few of us consider the risks of driving when we are tired. None of us have ever considered a designated driver because we are tired. Perhaps you should.

According to a study by AAA 41% of drivers have admitted to falling asleep at the wheel. 1 in 10 of that 41% admitted that it occurred within the last year. That is a lot of sleepy drivers.

AAA found, through research, that people who hadn't slept for 20 hours had a 50% slower response and speed time than drivers who were well rested. The sleep deprived become impaired and their reaction, response and reflex time is the same or similar to a person with a .05 blood-alcohol content.

It is recommended, for your safety and the safety of others, that you recognize the signs of drowsiness. AAA suggests that you not ignore these signs - unable to hold your head up, unable to keep your eyes open, day-dreaming, drifting in and out of your lane, and tailgating.

If you are too tired to drive, such as on long road trips or after working a long shift, ask someone for a ride. Do not push on. You are just as impaired as someone who has had a few drinks. Use public transportation, if necessary. Take a bus on a train. You can even get a nap while you ride. Also, take medication labels seriously. When you see on the label, "do not operate heavy equipment" that does apply to motor vehicles. These tips can keep you and others on the road safe.

AAA recommends 6 hours of sleep before embarking on any long drives.

Maryland Criminal Defense Attorney|Maryland Second Chance Act

Many ex-offenders are stained by mistakes made lifetimes ago. The biggest hurdle for this group is finding respectable employment since many employers are wary of convicts. A new bill will soon be heard in Annapolis that hopes to give former inmates a chance at a new beginning. The bill authorizes an individual to petition a court to shield court and police records relating to a "shieldable conviction" no earlier than 3 years after that individual has satisfied the sentence imposed for the conviction, including parole, probation, or mandatory supervision.

To "Shield" a conviction means to render the court record or police record inaccessible to the public. While some ex-offenders are able to make a petition to shield their record under the current law, they face the hurdle of obtaining a full and unconditional pardon from the Governor. This bill would eliminate that hurdle.

Under the bill, if a person is convicted of a new crime during the 3-year waiting period, the first conviction is not eligible for shielding unless the new conviction becomes eligible for shielding. Furthermore, a persona may shield only one stand-alone conviction, or one unit of convictions per lifetime - meaning that there are no third or fourth chances.

Opponents of the bill fear that it will prevent employers from obtaining records necessary to evaluate the candidate for employment as some of the shieldable convictions are relevant to making an informed decision about a potential employee. Furthermore, there is a fear that this will delay background checks as a clerk will have to review the file before a disclosure can be made.  

The convictions that are eligible for shielding are:

1. Disorderly conduct


2. Disturbing the peace


3. Failure to obey a reasonable and lawful order


4. Malicious destruction of property under $500


5. Trespass: Posted Property


6. Obtaining property or services with bad check under $500


7. Misdemeanor theft under $1,000


8. Possessing or administering of a controlled dangerous substance


9. Use of or possession with intent to use drug paraphernalia


10. Driving without a license


11. Driving while privilege is canceled, suspended, revoked or refused


12. Driving while uninsured


13. Prostitution

Maryland Social Security Disability Attorney|New Bill Seeks to Ensure Foster Children Retain Survivor and Disability Payments

A new bill seeks to pass legislation to keep the Department of Human Resources from taking benefits from foster children. Advocates state that foster children are entitled to this money and that it should be utilized to provide that child with savings that will act as a jumping-off point when they leave the foster care system. Those who support the bill state that the funds from the child's benefits and property should be used for that individual child. They claim that taking these benefits is a roundabout way in which the state intends to create savings for the state's general fund.

Those who oppose the bill claim that the state of Maryland needs this money to benefit those very children within the foster system. The money is taken and used to cover the cost of care, including medical expenses, even for those with extensive medical needs. They claim that if the new bill is passed, the services provided to those within the system will be cut.

The Court of Appeals recently determined that the state of Maryland is forbidden to apply to collect the Social Security benefits without notification to the foster child from which it took these benefits. This notification is required alongside a detailed summary of how the money was used. This means that, as for now, at least foster child can make attempts to fight the action and set up a fund of their own in which the benefits can be deposited. 

Maryland Workers' Compensation Attorney|The New "Move Over" Law that Seeks to Protect Tow Truck Drivers

A new bill, nicknamed the "move over" bill, seeks to protect those who work in one of the most dangerous industries on the road. The bill has just cleared in the Maryland House of Delegates unanimously just this week. The Senate vote is awaiting action the Judicial Proceedings Committee.

Tow truck drivers face grave danger every day in their line of work. The AAA Mid-Atlantic found that from January 2000 to December 2005, 130 tow truck drivers were killed nationwide while assisting clients. This number does not even take into consideration the countless tow truck drivers who have been seriously injured on the job.

The new bill will require motorists to move into an open lane when tow truck drivers are attending to clients who need roadside assistance. This procedure is the law for when motorists approach police and other emergency vehicles. 

Maryland Criminal Defense Attorney|Baltimore City to Pay $250,000 for Alleged First and Fourth Amendment Violations

The city of Baltimore is set to pay $250,000 to Christopher Sharp who claims that law enforcement officers took his cellphone and deleted a recording he took of police officers making an arrest in 2010. While the police deny the allegations, the attorneys state they are settling the case to resolve the issue at hand in an effort to save time, money, and uncertainties. The way I see it, this is their attempt to assuage public outrage.

Last year, the police conducted an investigation into Mr. Sharp's past in order to portray him as a drug addict, contacting his ex-wife and former employers for personal information. While the police were admonished for their actions, it cannot be denied that some police officers choose to take advantage of the power instilled in them. This case has led to new policies that uphold the right of the individual to record police officers. Thankfully, this is one step towards holding police officers accountable for their actions towards individuals.

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 Accident Lawyer | What is my case worth????

Most clients want to know, "what is my case worth?"  http://www.portnerandshure.com/Auto-Accidents  There are many factors affecting the value of your case. The settlement value is simply a prediction of what a judge or jury would decide your case is worth. There is no specific formula to assess case value because every Plaintiff is different. The overall health of one Plaintiff over another can affect the value of a case. Pre-existing injuries and illnesses in one Plaintiff may reduce the value of their case over a Plaintiff with perfect health even in identical accidents.

When negotiating cases, there are several factors to consider that may add or detract value. These factors are the type of injury sustained in the accident; the economic damages suffered (medical expenses, lost wages); the amount of available insurance coverage (liability limits); how strong is the liability in your case and how clear is the causal connection between the accident and your injuries. Having witnesses is not enough, you must consider the credibility of the witnesses. And finally, jury perception. Believe it or not, while "justice is blind," the expected jury perceptions of the Plaintiff have to be considered when attempting to value a claim. Different juries can award different verdicts for the same accident. Plaintiffs do well in more liberal venues such as Baltimore City and Prince George's County. But Plaintiff in conservative venues such as Anne Arundel County and Howard County may not do as well.

Attorneys have to consider all of these factors and determine a "fair and reasonable" value for a case. Don't be discouraged, statistical data shows that Maryland Plaintiffs are successful about 85% of the time in automobile accident cases. The average jury award is between $10,000.00 and $12,000.00 based on the above factors. When compared to other types of personal injury cases, such as medical malpractice, Maryland is getting pretty good results even if a lawyer cannot give you a number when you ask "How much is my case worth?"