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

Ocean City, Maryland DUI / DWI Attorney

Visit us at:  www.portnerandshure.com

or call to speak with one of our experienced Ocean City, Maryland DUI attorneys at (410) 995-1515 for a free consultation.

Pleading Guilty to a Ocean City, Maryland DUI Charge

Many of those who are convicted of a DUI are offered a plea bargain. This means there is an offer for a lesser charge, or other concession from prosecution, if the defendant states that he was guilty. It is very difficult for those who are charged with a DUI to know and understand if their plea bargain is truly a good deal - only an experienced DUI attorney can help you to determine the right choice to make: plea or fight.

 

Many who plead guilty without the advice of an experienced Ocean City, Maryland DUI attorney may not truly realize the consequences of their plea. The first thing to realize about pleading guilty is that you are waving all of your Constitutional rights in your case! This means that any right, such as your right to remain silent or your right to a trial, are forfeited.

 

After pleading guilty, you are convicted of the offense against you. Many fail to realize this simple fact: a guilty plea is the same as a conviction. After you have chosen to plead guilty, it will be extremely difficult for you to withdraw your guilty plea. This means that it is essential to understand the possible penalties that you face when pleading guilty. In Maryland, a first offense DUI charge can land you with up to 1 year in jail and up to a $1,000 fine and license suspension of up to 6 months, with a minimum of 45 days.

 

Portner & Shure has seen many cases in which clients had a good chance to fight their DUI charge in ways that the client did not even realize. There are also often offers for unfair plea bargains when a defendant faces their charges alone as opposed to alongside an attorney with an aggressive reputation. An experienced Ocean City, Maryland DWI Lawyer from Portner & Shure will help explain to you the mitigating and aggravating factors of your particular case and guide you to determine the best course of action to take.

 

An experienced Maryland DUI attorney who has seen countless DUI cases understands that there are many ways to succeed in a case, from getting a client a better plea deal, a lesser punishment, to even getting a "not guilty" finding. The complexities that are involved with a DUI case are too many to count. It is advised that you seek the counsel of a knowledgeable Maryland drunk driving attorney and have them review your case to discuss your options.

 

One of the best aspects of Portner & Shure is that they offer a risk-free consultation for clients. This means that an experienced Ocean City DUI attorney will speak with you about your case for free. Furthermore, our experienced Ocean City DUI lawyers are able to help clients who do not speak English or speak English as a second language. Our trained multilingual paralegals work closely with our highly-ranked Maryland DUI lawyers to help clients who speak Spanish, Chinese, Korean, Japanese, and Vietnamese. 

If you, a family member or someone you know has been convicted of driving under the influence or if you would like more information on DUI or DWI arrests, please call (410) 995-1515 for a free consultation or visit us on the web at http://portnerandshure.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

 

 

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 | 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. 

Maryland Criminal Defense Attorney| Baltimore Cracks Down on Fake IDs

Just this week, the Baltimore County Liquor Board and the Department of Health held a conference in Towson to help business owners recognize fake IDs. More than 200 representatives from 109 businesses showed up to hear an expert, Marty Johnson, dive into the details of spotting fake IDs and the types of people who use them. While fake ID users can be terrorists, identity thieves, criminals, or those with a suspended license, the presentation focused on underage drinkers. Johnson also explains that the three different types of fake IDs are altered genuine IDs, a genuine ID used by another person, or a completely fake ID. He teaches tips, like using face reference points and UV lights, to spot the fakes in each category.

This presentation was a way for the Liquor Board to educate business owners in an effort to scale back on their enforcement. Underage drinkers beware: The bar owners of Baltimore County are now equipped with fresh information on how to spot fake IDs. If you are caught drinking underage, you may face a fine and a suspension of your driver's license. Furthermore, you could put your safety in danger if you choose to drink and drive, along with the possibility of a DUI or DWI. 

Motor Vehicle Triple Fatality in Harford County

A Harford County jury indicted a Darlington man for three counts of vehicular manslaughter and DUI/DWI . The indictment of Travis Gray was the result of a fatal car accident that occurred on November 14, 2009, on Route 543 in Harford County, Maryland. It was determined by the Maryland State Police Crash Team that Mr. Gray was operating his vehicle northbound on Route 543 when he crossed over the double lines and hit a 1998 Ford Truck head-on. All occupants of the Ford Truck were killed and were residents of Street, Maryland.

While an indictment was not handed down until December 15, 2009, is due to the extensive investigation of the Maryland State Police Crash Team. They are required to do a thorough investigation and inspection of the vehicles from the brakes to the headlights as well as analyze the road to determine speeds and directions of the vehicles involved. It is important that these steps are done accurately to ensure the conviction of the guilty driver.

Statistically, almost every half hour a car accident occurs as the result of a drunk driver. Often too many times this accident could have been prevented. The key to stopping this is intervention, tougher laws, and harsher sentences. Its too late once the drunk driver gets behind the wheel of his vehicle. What can you do to prevent another death or accident as the result of drunk driving? It can be as simple as taking the person's keys, or finding them an alternate ride. Everyone should be aware that penalties including increased jail time are now used by the Harford County Courts and courts throughout Maryland as a deterrent.

If you, a family member, or someone you know has been injured in a car accident involving drunk drivers or you would like more information on car accidents, please contact Portner & Shure.