I tell my clients that if any sentence is bad, the worst two misdemeanor convictions in Maryland are DWI (driving while intoxicated) and Domestic Violence. You must do everything possible to fight for your DWI case and avoid a conviction at all costs, if possible.
What’s wrong with a DWI conviction? Apparently, every two years our legislators add new penalties and charges of DWI convictions. Now a primary offense DWI conviction has the following sanctions:
- up to 180 days in the county jail
- fine of up to $ 2,000
- automotive ignition interlock as a possible condition of probation
- Mandatory classes “DWI is bad”
- a life sentence can never be erased or annulled
- a sentence of life that can be used against you forever
- Thousands of dollars in “surcharges” to keep your license. These last a year after his conviction
- thousands of “court costs” which actually have nothing to do with the court that found you
An experienced DWI defense is an investment for your future. Let me tell you how to proceed DWI cases.
The first thing is to look at you. What do you remember the night of his arrest? How did he feel? Let’s talk about your medical history what conditions would cause problems in the balancing test on the road?
The arresting officer has no idea who or how you are. The arresting officer did not matter if you have poor balance or has an old injury or other medical condition that affects your ability to perform the balancing test on the road. I care and I’ll use this information to help you fight for your case.
In general, the criminal justice system in Maryland is designed to stop the defendants and provide only the minimum constitutional protection. However, a law that applies even if called the “exclusionary rule” This means that the police must have a legitimate reason to stop the car, stop, investigate DWI and/or arrest. Some cases have been dismissed because the officer had no valid reason to stop the driver. Let me investigate your stop to see if we can make your case is dismissed.
SOBRIETY TESTS IN THE FIELD
Did the officer asked him to do a balancing test to see “whether he was fit to drive”? I believe that these tests are a farce. They are designed so that the suspects fail. Unfortunately, our courts of appeal in favor of the sentence allow these “tests” are evidence against him. Let me tell you how we fight against this nonsense.
First, we need to see if the officer carried out the test properly. In Maryland, any official who attends the course of a few hours of sobriety in the field is allowed to carry out these tests with the public. Because very little training is required, not surprising that most officials cannot perform this test or qualify the right way.
That’s right, most of the times the official fails in his own sobriety test by not giving the correct instructions or use of correct qualification criteria. The state will argue that any official error should be ignored. I will not let that hypocrisy is maintained without any challenge.
HGN- EYE TEST
The HGN test is more of the same is like testing balance. As in the tests of balance, most officers do not perform eye test correctly. Yet the State claims that can magically tell if intoxicated by moving a pen in front of you for a few seconds. I’ve fought this test the “magic pen” and I will use it for you.
DWI IS A CRIME OF OPINION
Being intoxicated in Maryland is a crime of opinion. The officer has the opinion that you are intoxicated and you and the jury have every right to disagree. The standard for intoxication in Maryland is when an individual has lost the normal use of mental or physical faculties.
There is no reliable objective measure to define exactly what the “normal use” is. That is why we focus on the individual. What are your normal mental faculties? Do you get nervous when questioned by the police? Do you have good balance? How it behaves under stress?
You can fight against the opinion of the officer the truth about who you are and how often. Everyone has different skills balance. Each person will act differently or look different to the stress of a DWI investigation and to arrest.
Remember, just because an officer told him that “failed” their tests on the road does not mean he was drunk or to be declared guilty.
Never accept a breath test. These tests are conducted at government laboratories in the government machinery. The state will never allow counsel access a breath test machine. Defense attorneys are never allowed to access a computer test machine or view programming code. The struggle to keep their secret state machine, If the State is afraid to tell the truth about this machine then why should people take the breath test? I trust in the state machines of breath on them to do.
If you have taken a breath test should know that there are many factors that influence the result of the breath test. These machines have an “acceptable” level of error. Did you know that this machine will give more result to the person breath harder? The state does not want to admit how this machine is defective. I’ll be happy to tell the jury the truth about this machine breath.
DWI program execution in Maryland has reached a lower level in relation to civil liberties. Activist’s court judges have created a new law that allows officials from biting and stealing his blood. As a lawyer who believes in the Declaration of the Rights and the Fourth Amendment, I fight against this disgusting practice.
How to fight against the results of the blood tests? Blood tests are done in one of two places; in the hospital or at a government laboratory. If he was taken to the hospital and took blood after an accident, the state can and takes your medical records to be used against him.
There may be problems in the hospital tests. We’ll discuss this in detail during your consultation. The short version is that hospitals do not withdraw blood for forensic purposes. They take blood to provide them with an overview to help the person.
Government tests are becoming more common. Locally test blood alcohol is done in Maryland. If your blood is tested to find drugs, you will be sent to Baltimore. This may cause a delay in processing your case. The blood test is much more complicated than the breath test. You will need an experienced lawyer to challenge blood tests and be familiar with gas chromatography.