Archives for September 2021

What Happens at the DMV Administrative Hearing After a Maryland DUI/DWI Charge?

What Are the Potential Outcomes of the Hearing?

What Are Controlled Dangerous Substances in Maryland?When you are pulled over and charged with driving while impaired (DWI) or driving under the influence (DUI) in Maryland, you can expect not one, but two legal proceedings—the criminal proceeding in court to determine guilt or innocence and assess penalties, and the administrative hearing at the Department of Motor Vehicles. The focus of the DMV hearing is your driving privileges.

When you are formally charged with drinking and driving in Maryland, the arresting officer will take your license. You will then be issued a temporary license, good for only 45 days. You must then request the administrative hearing within 10 days—if you don’t, your license will automatically be suspended.

At the hearing, an administrative judge will hear evidence to determine the extent to which you need continued driving privileges—for work or other daily needs—and will take those needs into consideration when ruling. Typically, for a first-time offense, your license will be suspended for a minimum of 45 days, but suspension may be modified to allow you to drive to work. With a second conviction, the work modification is usually unavailable. In many instances, the administrative law judge allows continued operation of a vehicle with the installation of an ignition interlock, which requires that you successfully exhale into a blood alcohol tester attached to the ignition of your car before you can drive.

AV-Rated Maryland DUI/DWI Defense Attorney

Attorney Jonathan Scott Smith brings more than three decades of experience to people across the greater Baltimore area and throughout the state of Maryland who are charged with DWI/DUI. He has been AV-rated (the highest rating possible) by his fellow attorneys in Maryland under Martindale-Hubbell’s Peer Review Rating System every year since 1988. Attorney Smith has also received Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory. He’s been listed among the top 100 lawyers in Maryland by SuperLawyers and honored as a Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith has the skill, knowledge, experience, and resources to fully protect your rights in a DUI/DWI prosecution. He’ll carefully gather all evidence that supports your acquittal and ensure that your constitutional rights have not been violated. He’ll question all potential witnesses so that he can present the most convincing arguments in your defense.

Attorney Smith has been named one of the top 100 attorneys in Maryland by the National Trial Lawyers Association, a by-invitation- only professional organization. He has earned a 10.0 (Superb) rating as a litigation attorney from AVVO and received the Client’s Choice Award from AVVO with an average client review of 5 stars.

Howard County, Maryland, Criminal Defense Attorney

Contact our office by email or call 410-740-0101 for an appointment. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County, and Montgomery County in Maryland.

What Are Controlled Dangerous Substances in Maryland?

What Are the Penalties for Possession of a CDS?

What Are Controlled Dangerous Substances in Maryland?Though recreational marijuana has been legalized in 18 states, every state still criminalizes the possession of certain “hard” or dangerous drugs. In Maryland, those drugs are referred to as “controlled dangerous substances” (CDSs). While possession of marijuana for personal use is a misdemeanor, with a fine not exceeding $100 for first-time offenders, possession of a CDS can carry far more substantial penalties.

Maryland classifies CDSs into five categories, with Schedule I drugs considered the most serious and Schedule V drugs being the least. The criteria for determining what schedule a drug falls in include the:

  • Probability of abuse
  • Inherent danger associated with the drug
  • Perceived medical uses of the drug

Those drugs in Schedule I are deemed to have the greatest likelihood of abuse and the greatest danger, with nominal or minimal medicinal value.

Penalties for Possession of a CDS

Possession of a CDS in Maryland carries a penalty of up to one year in jail and $5,000 for the first conviction. Second and third convictions can lead to 18 months in prison and a $5,000 fine. All subsequent convictions are punishable by up to two years in prison and a $5,000 fine.

Experienced Prince George’s County Criminal Defense Attorney

For more than three decades, attorney Jonathan Scott Smith has fought for the rights of people across the state of Maryland who are charged with drug crimes. He has been honored among the top 100 lawyers in Maryland by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer magazine in 2012. He has been AV-rated (the highest rating possible) by other attorneys in Maryland under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also been awarded Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys listed there.

The American Institute of Personal Injury Attorneys listed attorney Smith as one of the 10 Best Attorneys in the State of Maryland in Client Satisfaction. He has a 10.0 (Superb) rating as a litigation attorney from AVVO and has received the Client’s Choice Award from AVVO, with an average client review of 5 stars. The National Trial Lawyers Association, a by-invitation-only professional organization, lists him among the top 100 attorneys in Maryland.

Attorney Smith has long been known for his thorough knowledge and understanding of criminal law and procedure. He carefully investigates every criminal matter, gathering and protecting key evidence. He knows that police officers often cut corners when it comes to your constitutional rights and will verify that they met all requirements of the Constitution.

Proven Criminal Defense Lawyer in the Greater Baltimore Area

At the law offices of Jonathan Scott Smith, we fight for the rights of criminal defendants throughout Baltimore County and the surrounding communities. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore 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