The Penalties for Driving Under the Influence in Maryland

Conviction for the More Serious Offense of DUI in Maryland

The Penalties for Driving Under the Influence in MarylandUnder Maryland law, you can be charged with and convicted of DUI (driving under the influence) if there’s evidence that your blood alcohol content exceeded .08%, or that you were substantially impaired by alcohol or a controlled substance. The car doesn’t need to be in motion for you to be charged with a DUI, but the car must be running.

If convicted of DUI in Maryland, you can face jail time and fines, even for a first offense. Penalties increase if you’ve had prior DUI convictions within the last 10 years. For a first-offense conviction of driving under the influence, you can serve up to a year in jail and pay a potential fine of up to $1,000. A second conviction carries the potential for double the jail time and fine. A third conviction may cost you up to five years and as much as $5,000.

Proven Maryland DUI Defense Lawyer

Attorney Jonathan Scott Smith has successfully defended people in Baltimore and across Maryland on drunk driving charges for nearly 40 years. The American Lawyer Magazine named him a Top-Rated Lawyer and his colleagues in the legal profession have consistently given him an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System. A longtime Maryland SuperLawyer, he has a 5-star average rating (the highest possible) for client reviews with AVVO, earning him the prestigious Client’s Choice Award. He also has a perfect 10.0 (Superb) AVVO rating as a litigator.

Jonathan Scott Smith aggressively defends men and women charged with a wide range of criminal matters, including DUI. He provides thorough legal counsel throughout a criminal prosecution, from investigation to arraignment to trial. He’s a highly-respected trial attorney with extensive experience obtaining positive results in court. He’ll work hard to gather and preserve evidence in your defense and present the most persuasive arguments for your acquittal.

Experienced Carroll County Criminal Defense Lawyer

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

Implied Consent and Drunk Driving in Maryland

Compelling a Breath or Blood Test Without a Warrant

Implied Consent and Drunk Driving in MarylandAs a general rule, you cannot be subjected to a search or seizure without a warrant, as set forth in the 4th Amendment to the U.S. Constitution. There are, however, certain situations where a police officer may do just that, provided there are reasonable grounds to believe that a law has been or is being violated. One such situation occurs when a police officer reasonably suspects a person of driving while impaired by alcohol or drugs.

Under the implied consent laws in force in Maryland, when you operate a motor vehicle on public roads or private property used by the public, you agree to submit to a drug or alcohol test in the event you’re stopped for suspicion of driving under the influence of drugs or alcohol. There is no requirement that you agree, verbally or in writing, to take the test. The officer cannot compel you to take a blood or breath test, but if you do, your license can be suspended for up to 270 days, and you can face fines, as well as incarceration. Furthermore, unlike many other states, if you refuse to take the test, that refusal can be introduced as evidence at your criminal trial.

Experienced Baltimore County DUI Defense Attorney

Attorney Jonathan Scott Smith has fought for criminal defendants in Baltimore and across Maryland for nearly four decades. The American Lawyer magazine has named him a Top-Rated Lawyer, and his peers in the legal profession consistently give him an AV rating, the highest possible. He has received AVVO’s prestigious Client’s Choice Award, with a 5-star average rating(the highest possible) for all client reviews. A longtime Maryland SuperLawyer, Smith has a perfect 10.0 (Superb)rating from AVVO as a litigator.

Jonathan Scott Smith takes an aggressive approach to the defense of drunk driving and other criminal matters, providing comprehensive legal counsel throughout the prosecution process, from investigation to arraignment to trial, if necessary. He’s a proven trial attorney with extensive experience obtaining positive results in court. He’ll work hard to gather and preserve evidence in your defense and present the most persuasive arguments for your acquittal.

Prince George’s County 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 DUI/DWI prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Possession of Drugs in Maryland

What Constitutes Possession | The Treatment of Marijuana Under Maryland Law

Contribute-to-Causing-Your-InjuriesThough Maryland has “decriminalized” the possession of marijuana, the state still takes a strong stance against the possession of so-called “hard drugs,” such as heroin and methamphetamines. Possession of small amounts of marijuana (less than 10 grams) is now a civil offense, rather than a criminal offense, and is treated much like a moving violation. The possession of other illegal drugs, however, can result in significant fines and incarceration.

The Definition of Possession

In Maryland, a person may not “possess or administer” a controlled dangerous substance unless it has been secured with a prescription or from an authorized provider. Maryland law also specifically criminalizes procuring drugs through fraud, deceit, or misrepresentation. The possession of any controlled substances (other than marijuana) is considered a misdemeanor in Maryland, with a potential penalty of up to four years and fines up to $25,000. Possession of excessive amounts also can lead to a charge of possession with intent to distribute, which can carry significantly harsher penalties.

Experienced Baltimore Criminal Defense Lawyer

Attorney Jonathan Scott Smith has provided aggressive advocacy to people in Baltimore County and across Maryland for nearly four decades, including individualsfacing prosecution for drug offenses. 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 his client reviews. A longtime Maryland SuperLawyer, he also has a perfect 10.0 (Superb) rating as a litigator from AVVO.

Attorney Smith fights 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 that you were madeaware of your constitutional rights. An effective trial attorney, he knows how to make compelling arguments in your defense before a judge and jury.

Maryland Criminal Defense Attorney

If you have suffered needless injury in Maryland because of the wrongful acts of another person, Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland

Driving on a Suspended License in Maryland

Grounds for license suspension and the penalties for driving on a suspended license

Driving on a Suspended License in MarylandThe Maryland Department of Motor Vehicle Administration (MVA) has the legal authority to temporarily suspend your driving privileges for a number of reasons:

  • Accumulation of 8 or more points on your driving record
  • Failure to pay a fine related to a traffic citation
  • Conviction for driving under the influence or while impaired

The penalties for operating a motor vehicle when your license has been suspended

Whether the suspension was appropriate or the result of a mistake, whether you intentionally drove with a suspended license or were unaware of the suspension, the state of Maryland can impose severe sanctions. You could face anywhere from two months to a year in jail, pay a $1,000 fine, or both. You also can expect points added to your driving record.

Experienced Baltimore County Traffic Court Defense Attorney

Attorney Jonathan Scott Smith has provided sound counsel to people facing traffic court challenges in Baltimore and across Maryland for more than 35 years. He’s been listed as a Top-Rated Lawyer by The American Lawyer magazine and earned AVVO’s prestigious Client’s Choice Award, with an average of 5 stars(the highest rating possible) in all client reviews. Attorney Smith also has earned a perfect 10.0 (Superb) rating as a litigator from AVVO. Long named a Maryland SuperLawyer, he’salso AV-rated by other lawyers under Martindale-Hubbell’s Peer Review System.

Attorney Smith takes an aggressive approach to criminal defense, looking at the actions of law enforcement officers throughout the process. He’ll confirm whether there was probable cause to pull you over and whether you were properly notified of your constitutional rights. He’ll conduct a thorough investigation, talking to witnesses, reviewing police reports, and traveling to the scene of the traffic stop, if appropriate.

Proven Maryland 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.

Possession of Illegal Drugs in Maryland

How Does Maryland Define Possession?

Possession of Illegal DrugsIn Maryland, as in all states, the possession of certain controlled substances is a violation of the law. That includes not only “street drugs,” such as marijuana, meth, cocaine, and heroin, but also prescription medication. Maryland has decriminalized possession of small amounts of marijuana, treating the offense like a moving violation. Accordingly, marijuana is no longer classified as a controlled dangerous substance under Maryland law.

The Definition of “Possession” Under Maryland Law

The Maryland drug statute makes it illegal to:

  • Possess or administer to another person any controlled dangerous substance (CDS). It is permissible to possess or administer a CDS if you have a valid prescription for the drug.
  • Possess or try to possess a CDS through any of the following means:
    • A false or counterfeit prescription
    • The use of false information, such as name or address
    • Any type of fraud, deceit, or act of misrepresentation

Experienced Maryland Drug Possession Defense Attorney

Attorney Jonathan Scott Smith has fought for the rights of criminal defendants throughout the metropolitan Baltimore area and across Maryland for more than 35 years. A recipient of AVVO’s coveted Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), Attorney Smith also has earned a perfect 10.0 (Superb) rating from AVVO as a litigator. He’s been named a Top-Rated Lawyer by The American Lawyer magazine and is a longtime Maryland SuperLawyer. Smith is highly respected by his colleagues in the legal profession, with an AV-rating from other lawyers under Martindale-Hubbell’s Peer Review System.

Attorney Smith takes an aggressive approach to the defense of any criminal charge and will be at your side throughout the legal process, whether you are merely under investigation or actually arrested and charged. He’ll investigate whether law enforcement officers had probable cause and confirm that your constitutional rights were protected. A proven trial attorney, he’ll carefully investigate the facts and circumstances of your case, so he can make the most persuasive arguments before a judge and jury.

Baltimore County 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 drug possession prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County in Maryland.

The Steps for Getting a Protective Order in Maryland

How to Get a Court Order Restraining the Actions of Another Person

The Steps for Getting a Protective Order in MarylandDo you need to take legal action to limit another person’s contact with you? In the state of Maryland, you can obtain a protective order through either the District Court or Circuit Court in the county where you live. Before a court will issue such an order, you must show how you might be subjected to abuse by the restrainee. That requirement can be met by showing one or more of the following:

  • Actual physical violence in the past—hitting, kicking, shoving, punching, biting, or throwing objects at you
  • Threats or actions that reasonably put you in fear of imminent serious injury
  • Rape or sexual assault
  • Stalking
  • False imprisonment
  • Mental injury to a child

To qualify for a protective order, a person must fall into one of the following categories:

  • A current or former spouse of the abuser
  • A cohabitant of the abuser
  • A person related to the abuser, whether by blood, marriage, or adoption
  • A person who has had a child with the abuser
  • A person who has been involved in a sexual relationship with the abuser within one year of the petition for a protective order
  • A parent, stepparent, or stepchild, provided they have lived with the abuser for at least 90 days in the last 12 months
  • Any vulnerable adult

Experienced Criminal Defense Attorney in Baltimore County

Attorney Jonathan Scott Smith brings more than three decades of experience to criminal defendants throughout the greater Baltimore area and across the state of Maryland. A recipient of the Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest rating possible), he also has a perfect 10.0 (Superb) rating as a litigation attorney from AVVO and was named a 2012 Top-RatedLawyer by The American Lawyer magazine.

Attorney Smith is AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review System and has been named a Maryland Super Lawyer. He’ll fight for your constitutional rights in any criminal proceeding, from investigation and arrest to arraignment and trial, if necessary. He’ll carefully investigate the facts and circumstances of your arrest and detention in order to present the strongest arguments for your acquittal. He’s a proven trial attorney, with the experience, skill, knowledge, and resources to protect your rights in any criminal matter.

Prince George’s County Criminal Defense Lawyer

Contact criminal defense lawyer Jonathan Scott Smith by e-mail or call our office at 410-740-0101 for an appointment. We handle criminal prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

The Penalties for Driving with a Suspended License in Maryland

The Consequences of an Arrest and Conviction

The Penalties for Driving with a Suspended License in MarylandMaybe you forgot to renew your driver’s license, or you had an unpaid ticket that caused your driving privileges to be suspended. Then you get pulled over—it’s not really a big deal, is it? Can’t you just explain what happened to the officer and go directly to the license office and reestablish your right to drive? Not necessarily—a ticket for driving on a suspended license can lead to significant penalties, including fines and even jail time.

Driving on a suspended license in Maryland is a misdemeanor. If the prosecutor can show that you knew your license had been revoked or suspended, or that you were charged with the same offense before, the repercussions will typically be more severe. Under Maryland law, if your license is suspended, the minimum penalties include a $500 fine and 60 days in jail, but the court may increase the penalties based on the reasons for the suspension. You’re more likely to get a stiff sentence if your license was suspended due to an accumulation of points on your driving recordthan if you forgot to have your mandatory emissions test conducted. There’s also the potential for 12 points to be added to your driving record, which can lead to a dramatic increase in your auto insurance premiums. The maximum penalty for driving on a suspended license is 12 months in jail and a $1,000 fine (along with thepoints on your record).

Proven Criminal Defense Attorney in Baltimore

Attorney Jonathan Scott Smith is AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review System and has been named a Maryland Super Lawyer. A recipient of the Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest rating possible), Smith also has a perfect 10.0 (Superb) AVVO rating as a litigation attorney. He was named a 2012 Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith offers more than three decades of experience to criminal defendants throughout the greater Baltimore area and across the state of Maryland. He’ll fight for your constitutional rights in any criminal proceeding, from investigation and arrest to arraignment and trial, if necessary. He’ll carefully investigate the facts and circumstances of your arrest and detention in order to present the strongest arguments for your acquittal. He’s a proven trial attorney, with the experience, skill, knowledge, and resources to protect your rights in any criminal matter.

Ellicott City, Maryland, Criminal Defense Lawyer

Contact criminal defense lawyer Jonathan Scott Smith by e-mail or call our office at 410-740-0101 for an appointment. We handle criminal prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Edgewood Woman Faces Multiple Homicide Charges for Arson Deaths

Police Say Defendant Intentionally Set Fire in Illegal Group Home

Edgewood Woman Faces Multiple Homicide Charges for Arson DeathsA 60-year-old Edgewood woman has been arrested and charged with three counts of1st degree murder, two counts of attempted first degree murder and first degree arson after three people died in a fire at a home on the 1800 block of Simons Court in Edgewood. Two residents survived the fire, but one sustained burns to 70% of herbody. Police say they found evidence shortly after the May 9 fire suggesting that it was intentionally set, but needed to conduct further investigation. The suspect was arrested and formally charged in July.

Documents filed with the court indicate that the defendant had made numerous threats to burn down the house before the actual fire. In addition, one of the other residents told police that the defendant had started the fire. Thus far, however, no motive has been identified.

During the course of the investigation, law enforcement officers learned that the house was being used as a group home, in violation of Maryland law.

AV-Rated Maryland Criminal Defense Lawyer

Attorney Jonathan Scott Smith brings has aggressively protected criminal defendants throughout the greater Baltimore area and across the state of Maryland.He’ll aggressively protect your constitutional rights throughout the criminal process,from investigation and arrest to arraignment and trial. He’ll question all potential witnesses, so that he can prepare and present the most compelling arguments in your defense. He’s a highly experienced trial attorney, with the skill, knowledge andresources to protect your rights in any criminal matter. He’ll also gather, evaluate and preserve all evidence in your defense and will confirm that police and prosecutors followed constitutional requirements.

Attorney Smith has received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He is also AV-rated by other attorneys under Martindale-Hubbell’s Peer Review System, and has been named a Maryland Super Lawyer. He was honored as a 2012 Top-Rated Lawyer by The American Lawyer Magazine, and has a perfect 10.0 Superb rating as a litigation attorney from AVVO.

Columbia, MD Criminal Defense Lawyer

Contact attorney Jonathan Scott Smith by e-mail or call ouroffice at 410-740-0101 for an appointment. We represent criminal defendants in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Baltimore Murder Tally Hits 300 for Fifth Consecutive Year

Homicides Up Dramatically Over 2018

Baltimore Murder Tally Hits 300In 2018, Baltimore registered more than 300 murders for the fourth consecutive year, but the 300th did not occur until December 20. The city is well ahead of that pace this year, with police recording the 300th homicide on November 14.The number of non-fatal shootings in the city is also up, with more than 700 reported as of mid-November. The city has seen as many as 342 homicides—in both 2015 and 2017.

Baltimore is currently among the top 25 cities in the world for number of homicides per capita, with 51 for every 100,000 residents. It’s not the worst city in the country, though; that would be St. Louis, where 187 annual homicides equates to 61 murders per 100,000.

AV-Rated Baltimore County Criminal Defense Attorney

Attorney Jonathan Scott Smith brings more than 30 years of experience to criminal defendants throughout the greater Baltimore area and across the state of Maryland. He’ll carefully interview all potential witnesses so he can prepare and present the strongest arguments in your defense. He’s a highly-experienced trial lawyer, with the skill, knowledge, and resources to protect your rights in any criminal prosecution. He’ll aggressively protect your constitutional rights throughout the criminal process, from investigation and arrest to arraignment and trial. He’ll also gather, evaluate, and preserve all evidence in your defense and will confirm that police and prosecutors followed constitutional requirements.

Attorney Smith has been the recipient of the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). Smith is AV-rated by other attorneys under Martindale-Hubbell’s Peer Review System and has been named a Maryland Super Lawyer. He was honored as a 2012 Top-Rated Lawyer by The American Lawyer magazine, and he has a perfect 10.0 (Superb) rating as a litigation attorney from AVVO.

Columbia, MD Criminal Defense Lawyer

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

Federal Agents Arrest and Charge Rappers with Drug Crimes

Law Enforcement Officials Say Crimes Were Described in 2016 Video

Federal Agents Arrest and Charge Rappers with Drug CrimesCiting a YouTube video made in 2016, federal agents arrested two local rappers and booked them on drug charges. YGG, whose real name is Davante Harrison, was arrested at his Cockeysville apartment on Monday, November 25, after agents found heroin and an unknown white powder in his rental car. The same day, Damont Brown was arrested in Owings Mills on a drug charge. Harrison and Brown made a video in 2016 called “Errday,” which authorities say chronicles their illegal activity.

When arrested, Harrison also had nearly $10,000 in cash and a loaded .40 caliber Glock pistol. Officers found approximately 40 grams of heroin at Brown’s apartment, as well as a sifter, mixing bowl, and digital scale. A third defendant was arrested in the Riverside neighborhood, allegedly in possession of almost 500 grams of heroin and other drugs.

Officials contend that Harrison and Brown are associated with the “Trained to Go” crew they allege has been running the heroin and cocaine trade in Baltimore’s Westside for years. They say Harrison offered a bounty of $20,000 to anyone willing to kill a police informant working against the Trained to Go crew. The informant was slain on city streets a year ago.

Proven Maryland Criminal Defense Attorney

For over 30 years, attorney Jonathan Scott Smith has fought for the rights of people charged with criminal acts in the greater Baltimore area and throughout Maryland. He has a thorough understanding of criminal law and procedure. He’ll painstakingly investigate your case, gather and preserve all relevant evidence, and confirm that law enforcement officers did not violate your constitutional rights.

Attorney Smith has been selected as a Maryland Super Lawyer, and was named a Top-Rated Lawyer by The American Lawyer magazine in 2012. He is AV-rated (the highest rating possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System. He has a 10.0 (Superb) rating as a litigation attorney from AVVO and also has received AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Effective Criminal Defense Lawyer in the Baltimore Metro Area

At the law offices of Jonathan Scott Smith, we fight for the rights of criminal defendants. Contact our office online or call 410-740-0101 to arrange a meeting. We handle cases throughout 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