Archives for August 2020

Are DWI and DUI the Same Offense in Maryland?

The Difference between “Driving While Impaired” and “Driving Under the Influence”

Driving on a Suspended License in MarylandThe terms DWI and DUI often are used interchangeably, but in Maryland, they actually are two different offenses:

  • DWI, or driving while impaired—In Maryland, driving while impaired is considered a less serious offense than driving under the influence. You can be charged with DWI if your blood alcohol concentration (BAC) is between .07 and .08. Often, a person charged with DWI will pass the BAC test but exhibit physical indications of impairment, such as slurred speech or erratic driving.
    The penalties for DWI include up to 60 days of incarceration and a $500 fine for the first offense. Subsequent convictions can lead to up to a year in jail and additional fines. A DWI conviction also results in an 8-point penalty on your driving record, which will cause your license to be suspended.
  • DUI, or driving under the influence—You can be charged with a DUI only if your BAC exceeds .08. A first-time conviction for DUI can result in a year in jail and a $1,000 fine. Your second and third convictions can each lead to another 12 months of incarceration and an additional $1,000 fine. DUI adds 12 points to your driving record, leading to revocation of your license for a period of time.

Experienced Baltimore DWI/DUI Defense Lawyer

Attorney Jonathan Scott Smith has provided strong and effective representation to people in Baltimore and throughout Maryland for more than 35 years, including individuals charged with DWI or DUI. Named a Top-Rated Lawyer by The American Lawyer magazine, he is also respected by his peers in the legal profession, who have consistently given him an AV-rating, the highest rating possible. He has been the recipient of AVVO’s prestigious Client’s Choice Award, with an average of 5 stars(the highest rating possible) in client reviews. A longtime Maryland SuperLawyer, he also has a perfect 10.0 (Superb) rating as a litigator from AVVO.

Attorney Smith aggressively advocates for men and women facing criminal prosecution, zealously representing clients throughout the legal process, from investigation, arrest, and arraignment to trial. He’ll conduct a thorough investigation of your case, ensuring that law enforcement officers legally obtained all evidence and made you aware of your constitutional rights. A proven trial attorney, Smith

knows how to make the most persuasive arguments in your defense before a judge and jury.

Ellicott City Criminal Defense Lawyer

Contact experienced Maryland criminal defense attorney Jonathan Scott Smith by email or call 410-740-0101 to set up an appointment. We handle drug possession prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

The Difference Between Assault and Battery in Maryland

Are They Two Separate Crimes?

Contribute-to-Causing-Your-InjuriesBecause the term “assault and battery” is heard so commonly, there can be a perception that it’s a single crime. In fact, assault and battery are separate offenses, and you can potentially be charged with both for a single incident.

The key factor that differentiates assault from battery is physical contact. Any act that reasonably puts another person in imminent fear of harm of injury can lead to an assault charge. Threatening words alone are generally not considered sufficient to constitute assault, but raising a fist or the back of your hand, brandishing any kind of weapon, or approaching a victim in a threatening way can all be considered assault.

For an assault to become battery, there must be some type of uninvited or impermissible physical contact. The contact need not cause physical injury—it must merely be considered offensive by a reasonable person.

Experienced Maryland Assault and Battery Defense Lawyer

Attorney Jonathan Scott Smith has aggressively protected the rights of criminal defendants in and around Baltimore and throughout Maryland for more than 35 years. The American Lawyer magazine has named him a Top-Rated Lawyer, and his peers in the legal community have consistently given him an AV-rating, the highest possible. He has been given AVVO’s prestigious Client’s Choice Award, averaging 5 stars(the highest rating possible) in client reviews. A longtime Maryland SuperLawyer, he’s also earned a perfect 10.0 (Superb) rating as a litigator from AVVO.

Attorney Smith provides full-service legal counsel to anyone facing criminal prosecution. He tenaciously representing clients throughout the legal process, from investigation or arrest to trial. He’ll carefully review all the evidence, ensuring that law enforcement officers had probable cause to conduct a search or make an arrest.He’ll also carefully investigate the facts and circumstances of your case in order to make the most persuasive arguments before a judge and jury.

Ellicott City Criminal Defense Lawyer

Contact experienced Maryland criminal defense attorney Jonathan Scott Smith by email or call us at 410-740-0101 to set up an appointment.We handle assault and battery prosecutions in Howard County, Baltimore County,
Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101