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The Potential Consequences of a First DUI/DWI Conviction in Maryland

March 4, 2022 by Jonathan Smith

The Penalties for First-Time Drunk Driving Offenders

In Maryland, when you have been pulled over and taken into custody for drinking and driving, you may be charged with driving while impaired (DWI), driving under the influence (DUI), or both. You can only be convicted of one of those offenses.

If your blood alcohol content is less than .08%, but you exhibit other signs of impairment, a police officer may book you for DWI. If your blood alcohol content is .08% or above, you can be charged with DUI.

For a first-time conviction of driving while impaired, the penalties include up to two months of incarceration and a maximum fine of $500. Your driving privileges may be suspended for up to six months (a year, if you are under the age of 21) and you will have 8 points added to your driving record. For an initial conviction for driving under the influence, you can expect to pay up to $1,000 in fines and serve up to a year in jail. Your license can be revoked for up to six months and you will accumulate 12 points on your driving record.

Proven Baltimore DUI/DWI Defense Attorney

For over three decades, attorney Jonathan Scott Smith has aggressively fought for the rights of criminal defendants across Baltimore and throughout the state of Maryland, including many people facing prosecution for DWI or DUI. SuperLawyers lists him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also named him a Top-Rated Lawyer.

Jonathan has received an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also earned Martindale-Hubbell’s coveted Client Distinction Award, given to less than 4% of all attorneys in Maryland. He enjoys a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly respected trial attorney, Jonathan brings an extensive knowledge of criminal law and procedure to every case, as well as considerable experience successfully handling a wide range of criminal matters. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Experienced 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.

Filed Under: DUI, DWI Tagged With: DUI/DWI Conviction

The Use of Field Sobriety Tests in Maryland

February 7, 2022 by Jonathan Smith

Are They Reliable? Are They Admissible?

If you have been pulled over in Maryland, and the police officer suspects that you are under the influence of drugs or alcohol, you may be asked to submit to a number of different “field sobriety” tests, including:

The horizontal gaze nystagmus test, where the officer will ask you to follow an object with your eyes, looking for a twitching or “nystagmus”
The one-leg stand test, where you must balance on one leg for a period of time
The walk-and-turn test, where you will be asked to walk heel-to-toe and make changes in direction

In independent tests conducted by the National Highway Traffic Safety Administration (NHTSA), the one-leg stand had a 65% accuracy rate and the walk-and-turn and horizontal gaze nystagmus tests had 68% and 77% accuracy rates, respectively. Nonetheless, these tests have been admissible in court for many years, though defense attorneys are allowed to inform a jury of the accuracy rates.

AV-Rated Frederick County Drunk Driving Defense Attorney

Attorney Jonathan Scott Smith brings more than three decades of proven experience to DUI and other criminal defendants across the Baltimore metropolitan area and throughout the state of Maryland. He has been AV-rated (the highest rating possible) by his fellow attorneys under Martindale-Hubbell’s Peer Review Rating System every year since 1988. Jonathan has been named among the top 100 lawyers in Maryland listed by SuperLawyers, and has been cited as a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, conferred upon less than 4% of all attorneys listed in Martindale-Hubbell’s directory.

Over the past 30+ years, attorney Smith has successfully handled the defense of a wide range of criminal charges. He knows how to protect your constitutionally guaranteed rights and ensure that police and prosecutors follow all required procedures when gathering evidence. He’ll carefully question all potential witnesses, so that he can prepare and present the most persuasive arguments at trial.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Baltimore, Maryland DUI Defense Attorney

Contact our office by e-mail 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.

Filed Under: Field Sobriety Tests Tagged With: Use of Field Sobriety Tests in Maryland

The Use of a Portable Breath Test in a Maryland DUI Prosecution

February 1, 2022 by Jonathan Smith

Can Prosecutors Introduce the Results as Evidence to Obtain a Conviction?

When you have been pulled over by law enforcement officers, one of the first questions you’ll often be asked is “have you been drinking”? Regardless of how you answer, the police officer may ask you to submit to a roadside blood alcohol test. Typically, they’ll tell you that the results are not admissible in court, so there’s no risk in taking the test. Is this true? Can you refuse to take the test?

While it is technically true that the results of a roadside BAC test are not admissible in court, voluntarily giving one can be a bad idea. Why? Because a police officer must have probable causes to detain or arrest you for drinking and driving. In many instances, the officer will have to make that decision based on circumstantial evidence—it’s rare that the officer will actually see you drinking while you are driving. Accordingly, if you voluntarily take the test, the officer can use it as part of the decision-making process, and may subsequently arrest you. You may then be brought back to the police station, where you will be required to submit to a BAC test that may be admitted in court.

You are under no obligation to take a roadside BAC test, and the officer cannot use your refusal as a reason to arrest you or make you submit to any subsequent test. The officer must make that decision based on other observations of your behavior.

Effective Maryland DUI/DWI Defense Lawyer

For more than 30 years, attorney Jonathan Scott Smith has repeatedly obtained positive results for criminal defendants in Baltimore and across the state of Maryland, including many individuals who have been charged with drinking and driving. SuperLawyers places him among the top 100 lawyers in Maryland and The American Lawyer Magazine has named him a Top-Rated Lawyer.

Jonathan’s colleagues in the legal profession have given him an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also been the recipient of Martindale-Hubbell’s coveted Client Distinction Award, an honor earned by less than 4% of all attorneys listed there. He enjoys a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s the Client’s Choice Award, with an average client review of 5 stars.

A proven trial attorney, Jonathan has long been highly regarded by clients and colleagues for his extensive knowledge of criminal law and procedure, as well as his skill and experience successfully handling a wide range of criminal matters. He will carefully gather and preserve evidence, and can quickly verify that law enforcement officers have followed constitutional procedures.

Proven Criminal Defense Lawyer in the Greater Baltimore Area

Filed Under: DUI Defense in Maryland Tagged With: Use of a Portable Breath Test in a Maryland DUI Prosecution

Your Options When Facing the Suspension of Driving Privileges in Maryland

January 12, 2022 by Jonathan Smith

Notice of Point Suspension | Notice of Suspension

In Maryland, when you plead guilty to or are convicted of certain traffic violations, you will have points added to your driving record. If you accumulate eight, but less than 12, points within a two-year-period, you will receive a notice from the state of Maryland that your driving privileges have been suspended. That notice may take two forms:

A Notice of Point Suspension—This indicates that your suspension is based solely on the number of points you have received. With a Notice of Point Suspension, you’ll have two options—either accept the suspension or request a hearing. The Notice of Point Suspension will identify the effective date of suspension. You must turn over your drivers license to the Maryland Motor Vehicle Administration by that date, or your suspension will be extended (until you do turn over your license).
A Notice of Suspension—This type of suspension indicates that at least one of your moving violations was an alcohol or drug-related offense. When you receive a Notice of Suspension, you can accept the suspension or ask for a hearing. You can also apply to participate in Maryland’s ignition interlock program. If accepted, your license will not be suspended, but you will be required to pay for the installation of an ignition interlock on your vehicle, which will prohibit you from driving the vehicle without first taking a breath test.

AV-Rated Prince George’s County Traffic Ticket Lawyer

Attorney Jonathan Scott Smith has successfully fought for the rights of criminal defendants across the Baltimore metropolitan area and throughout the state of Maryland for more than 30 years, including clients who have faced the suspension of driving privileges. He has been AV-rated (the highest rating possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also earned Martindale-Hubbell’s Client Distinction Award, an honor granted to less than 4% of all attorneys listed in Martindale-Hubbell’s directory. He’s been among the top 100 lawyers in Maryland listed by SuperLawyers, and has also been named a Top-Rated Lawyer by The American Lawyer Magazine.

Attorney Smith brings extensive skill, experience, knowledge and resources to the defense of a wide range of criminal charges. He understands your constitutional rights and knows when police and prosecutors have improperly gathered evidence or detained you. He’ll carefully identify and interrogate all witnesses, so that he can prepare a strong defense before a judge and jury.

A proven trial attorney, Jonathan has been included among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He has also earned a 10.0 (Superb rating) as a litigation attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Baltimore, Maryland Traffic Violations Defense Attorney

Filed Under: Notice of Suspension Tagged With: Facing the Suspension of Driving Privileges

The Maryland Traffic Ticket Points System

January 6, 2022 by Jonathan Smith

How It Works | How It Affects Your Driving Privileges

In Maryland, when you have been convicted of certain moving violations, you will have points added to your driving record. The number of points added to your record will typically be determined by the Maryland Motor Vehicle Association (MVA), and not by the judge. The maximum number of points you can receive for any ticket is 5 (for traveling more than 30 miles over the posted speed limit).

The state of Maryland keeps track of all points accumulated on your record. Any points you receive will stay on your record for a period of two years. If you accumulate three points at any given time, the MVA will send you a warning letter. If you accumulate 5 or more points, you will be required to enroll and complete a driver improvement program (DIP). Your license will be suspended if you amass eight or more points at one time, and your license will be revoked for an accumulation of 12 points.

Proven Maryland Traffic Violations Lawyer

For over three decades, attorney Jonathan Scott Smith has aggressively protected the rights of criminal defendants throughout Baltimore County and across the state of Maryland, including individuals charged with moving violations. SuperLawyers names him as one of the top 100 lawyers in Maryland and The American Lawyer Magazine has honored him as a Top-Rated Lawyer. The National Trial Lawyers Association, a “by invitation only” organization, has also included him in the top 100 attorneys in Maryland.

Jonathan has earned an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System every year since 1988, and has also received Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed there. He has earned the Client’s Choice Award from AVVO, with an average client review of 5 stars, and also carries a 10.0 (Superb rating) as a trial lawyer from AVVO and.

A proven trial attorney, Jonathan has long been known and respected by his colleagues and his clients for his extensive knowledge of criminal law and procedure, as well as his skill and experience in criminal defense. He knows how to effectively gather and preserve evidence, and can quickly determine when your constitutional rights have been violated in a search, seizure or arrest.

Experienced Criminal Defense Attorney in the Metro Baltimore Area

Filed Under: Traffic Violations in Maryland Tagged With: Traffic Ticket Points System

Wishing You And Yours A Merry Christmas & Happy New Year

December 24, 2021 by Jonathan Smith

We are sending holiday cheer to you in the hopes that you and your family have a very Merry Christmas and a healthy New Year.

As we look forward to 2022 we humbly pray that the new year brings a new sense of peace and joy as we enter the new year ready for a return to normalcy and prosperity.

Merry Christmas & Happy New Year

Filed Under: Uncategorized

Hiring Legal Counsel to Handle a Traffic Ticket

December 10, 2021 by Jonathan Smith

What Are the Benefits? When Might It Be Critical?

When you’ve been ticketed for speeding, making an illegal turn or for some other minor traffic violation, you may be inclined to simply plead guilty and pay the ticket. After all, won’t the cost of the attorney be more than the cost of any fines assessed?

The long-term costs of a traffic violation, however, will often be more than the cost of the ticket. You may have points added to your driving record—accumulating too many points in a limited period of time can lead to the suspension of your driving privileges. You may also see your motor vehicle insurance premiums go up.

An experienced traffic violations attorney can help in many ways:

Your lawyer may be able to negotiate with police or prosecutors to reduce the charges, so that fines are less and points are avoided or minimized
Your attorney can represent you in court—Your lawyer will understand the procedures in the courtroom and may be able to identify ways to have the charges dismissed or reduced
Your attorney will know what to expect from the judge—Lawyers who regularly go to traffic court know the tendencies of the different judges, as well as the police officers who issue traffic tickets. That can make a difference in the outcome.

AV-Rated Howard County Criminal Defense Lawyer

Attorney Jonathan Scott Smith brings over 30 years of hands-on experience to criminal defendants across the Baltimore metropolitan area and throughout the state of Maryland. He has been AV-rated (the highest rating possible) by his fellow attorneys under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also earned Martindale-Hubbell’s Client Distinction Award, bestowed upon less than 4% of all attorneys listed in Martindale-Hubbell’s directory. He’s been among the top 100 lawyers in Maryland listed by SuperLawyers, and has been honored as a Top-Rated Lawyer by The American Lawyer Magazine.

Attorney Smith brings considerable skill and experience to the defense of a wide range of criminal charges. He knows how to effectively gather, assess and preserve all evidence to support an acquittal. He has a comprehensive understanding of your constitutional rights and ensure that police and prosecutors followed all required procedures when gathering evidence or detaining you. He’ll carefully question all potential witnesses, so that he can prepare and present the most compelling arguments in your defense.

Smith has been included among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He has also earned a 10.0 (Superb rating) as a litigation attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Baltimore, Maryland Traffic Violations Defense Attorney

Filed Under: Traffic Ticket Defense Tagged With: Handle a Traffic Ticket

Avoiding a Drunk Driving Charge during the Holidays

December 2, 2021 by Jonathan Smith

Things You Can Do to Minimize the Risk of a DUI/DWI

The holiday season is a time of good cheer, but a little too much cheer can lead to a DUI/DWI charge. Here are some easy ways to keep a drunk driving charge off your Christmas list:

Always travel with a designated driver—agree before you go to a party or a pub who will be drinking and who won’t. Be willing to be the DD on occasion.
Keep your vehicle in good working order—Law enforcement officers must have probable cause to pull you over. Don’t let a faulty taillight or turn signal lead to a drunk driving charge.
Underdrink—Breathalyzers are notoriously unreliable and may falsely show that you are above the legal limit. In addition, your body produces alcohol. You can have just as much fun if you nurse that one drink.
Wait a half an hour before you have your first drink
Always eat something when you drink
Don’t drink when you are going to drive

Proven Maryland DUI/DWI Defense Attorney

For more than 30 years, attorney Jonathan Scott Smith has successfully fought for the rights of criminal defendants in Baltimore and across the state of Maryland, including many clients who have been charged with drinking and driving. SuperLawyers ranks him among the top 100 lawyers in Maryland and The American Lawyer Magazine has named him a Top-Rated Lawyer. The National Trial Lawyers Association, a “by invitation only” organization, has also listed him in the top 100 attorneys in Maryland.

His colleagues in the legal profession have given Jonathan an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also received Martindale-Hubbell’s Client Distinction Award, earned by less than 4% of all attorneys listed there. He has a 10.0 (Superb rating) as a trial lawyer from AVVO and has earned the Client’s Choice Award from AVVO, with an average client review of 5 stars.

A highly respected trial attorney, Jonathan has long been known and respected for his knowledge of criminal law and procedure, as well as his skill and extensive experience when handling criminal matters. He knows how to effectively gather and preserve evidence, and can quickly determine whether law enforcement officers have violated your constitutional rights in a search, seizure or arrest.

Proven Criminal Defense Lawyer in the Greater Baltimore Area

Filed Under: Drunk Driving Tagged With: Drunk Driving Charge

Happy Thanksgiving

November 25, 2021 by Jonathan Smith

On this Thanksgiving Day, we take time to express our daily gratitude for the simple pleasures of life—good friends, family, people we hold dear. As we gather together, help us be grateful and let us share our bounty with our brothers and sisters.

Filed Under: Uncategorized

The Difference between a DWI and a DUI in Maryland

November 24, 2021 by Jonathan Smith

Distinguishing Driving Under the Influence from Driving While Intoxicated

The terms “DWI” and “DUI” often get used interchangeably to generally describe a criminal charge of drinking and driving. In the state of Maryland, though, they are different offenses with different elements and different penalties:

A person will be charged with a DUI (driving under the influence) if there’s a blood alcohol test that shows violation of state law, or there’s sufficient evidence to prove that the person was operating a vehicle while substantially impaired by alcohol or any controlled substance. Conviction on DUI charges carries a more substantial penalty, up to a year of incarceration and/or a $1,000 fine for the first offense.
A DWI can be charged if a person’s ability to drive was affected by alcohol. Conviction for a first offense will result in a maximum of two months in jail and a potential $500 fine

AV-Rated St. George’s County DUI/DWI Defense Attorney

Attorney Jonathan Scott Smith has more than three decades of hands-on experience successfully representing criminal defendants across the Baltimore metropolitan area and throughout the state of Maryland. He has been AV-rated (the highest possible) by other attorneys in Maryland under Martindale-Hubbell’s Peer Review Rating System every year since 1988, and was named a Top-Rated Lawyer by The American Lawyer Magazine. He’s earned Martindale-Hubbell’s Client Distinction Award, bestowed upon less than 4% of all attorneys listed in Martindale-Hubbell’s directory and has been among the top 100 lawyers in Maryland listed by Super Lawyers.

An experienced and respected trial attorney, Jonathan handles a wide range of criminal matters, including misdemeanors and felony charges. He knows how to effectively investigate a criminal charge, taking the time carefully gather, assess and preserve all evidence to support an acquittal. He is committed to protecting your constitutional rights and ensuring that police and prosecutors followed all required procedures when gathering evidence or detaining you. He’ll carefully question all potential witnesses, so that he can prepare and present the most effective arguments in your defense.