Challenging the Validity of DUI Breath-Testing Devices

New York Times Study Finds Problems with Machines and Results

Child Abuse in MarylandWhen police pull you over and suspect you’re driving under the influence or while impaired, it’s common for them to administer a breath test and use the results in a criminal prosecution. However, a 2019 study by the New York Times found that those tests, long considered an essential tool in DUI and DWI enforcement, are less than reliable.

According to the Times investigation, even though companies that sell breath-testing equipment claim they’re “precise to the third decimal place,” tens of thousands of breath tests are ruled inadmissible in court every year. In New Jersey and Massachusetts alone, more than 30,000 breath tests were ruled invalid in 2019 due to administration errors or poor oversight by law enforcement agencies. The Times found that police departments often fail to properly calibrate the machines, causing readings that are 20% or more higher than actual levels. The study also found that many police departments have no procedures in place for maintaining breath-testing equipment. Furthermore, computer experts contend that many of the machines have significant programming defects in their software.

Experienced Baltimore County Child Abuse Defense Attorney

Attorney Jonathan Scott Smith has aggressively protected the rights of people charged with drinking and driving in the metropolitan Baltimore area and throughout Maryland for more than three decades. Attorney Smith has been named a Top-Rated Lawyer by The American Lawyer magazine and has received AVVO’s prestigious Client’s Choice Award, averaging 5 stars(the highest rating possible) in all client reviews. A Maryland Super Lawyer, he’s also respected by his colleagues in the legal profession, with an AV-rating from other lawyers under Martindale-Hubbell’s Peer Review System. Attorney Smith also has earned a perfect 10.0 (Superb) rating as a litigator from AVVO.

Attorney Smith will zealously protect your rights at any stage of a criminal matter, from investigation and arrest to arraignment and trial. He’ll conduct a thorough investigation to confirm that law enforcement officers had probable cause and that your constitutional rights were not violated. Smith will carefully determine the facts and circumstances of your case in order to make the most compelling arguments in your defense.

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.

DUI and DWI in Maryland

The Difference Between Driving Under the Influence and Driving While Intoxicated

DUI and DWI in MarylandIn the state of Maryland, unlike many states, there’s a legal distinction between DUI,or driving under the influence, and DWI—driving while intoxicated. Conviction on charges of driving under the influence of alcohol requires evidence of a blood alcohol content (BAC) of .08% or higher. To be charged and convicted of the lesser offense of driving while intoxicated, there’s no requirement of a specific BAC—prosecutors must show only that you were impaired by alcohol and that it affected your ability to drive. It’s also important to understand that you need not be operating a motor vehicle on the road to be charged with DWI; you need only be in “actual physical control” of the vehicle while the car’s engine is running.

Experienced Maryland DUI/DWI Defense Attorney

Attorney Jonathan Scott Smith has fought for the rights of DWI/DUI defendants across the greater Baltimore area and throughout Maryland for over 35 years. A recipient of AVVO’s Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), Attorney Smith also maintains a perfect 10.0 (Superb)rating from AVVO as a litigator. He’s been chosen as a Top-Rated Lawyer by The American Lawyer magazine and long been listed as a Maryland SuperLawyer. He’s also received accolades from his colleagues in the legal profession, earning an AV-rating from other lawyers under Martindale-Hubbell’s Peer Review System.

Attorney Smith aggressively defends clients on any criminal charge. He’ll be with you throughout the legal process, from investigation to arrest and arraignment to trial, if necessary. He’ll ensure that law enforcement officers had probable cause andthat your constitutional rights were not violated. A highly respected trial attorney, he’ll conduct a detailed investigation of your case in order to make the most compelling arguments in your defense.

Proven Maryland 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 cases in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Understanding Implied Consent During a Maryland DUI/DWI Stop

Do You Have to Submit to a Blood Alcohol Test When Stopped for Suspected DWI/DUI?

Understanding Implied Consent During a Maryland DUI/DWI StopWhen you’re stopped by a law enforcement officer, it’s fairly common for them to ask if you’ve consumed any alcoholic beverages. If you have and answer truthfully, the officer may ask you to take a blood alcohol test to determine if you are over the legal limit. If you test positive, it can be used against you in a criminal prosecution. Can you refuse to take the test? What are the legal consequences if you choose not to submit to a breath test?

In Maryland, as in other states, the legal concept of implied consent applies when you get behind the wheel of a car. Under this principle, simply by operating a motor vehicle, you are deemed to agree to submit to a blood alcohol test if requested by a police officer. Nonetheless, you still can refuse to take the test (and cannot be forced to do so), but you will face specific consequences:

  • Your driver’s license will be seized, and you will be issued a 10-day temporarylicense. Your license can be suspended for up to two years; and
  • Your refusal to take a breath test is admissible in court and may be used by the jury to determine guilt.

Experienced DWI/DUI Defense Attorney in Baltimore County

Attorney Jonathan Scott Smith brings more than 30 years of experience to individuals in Baltimore County and across the state of Maryland who have been arrested for or charged with impaired driving. Attorney Smith has been AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review System and has been listed as a Maryland SuperLawyer. An honoree of the AVVO Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), Attorney Smith also has a perfect 10.0 (Superb) rating as a litigation attorney from AVVO. He was named a 2012 Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith will aggressively protect your rights in any criminal proceeding, from investigation and arrest to arraignment and trial, making certain there was probable cause and that all constitutional guarantees were followed. He’ll carefully investigate the details of your case in order to make the most compelling arguments in your defense. He’s a highly experienced trial attorney, with the skill, knowledge, and resources to protect your rights in any criminal matter.

Montgomery County Criminal Defense Lawyer

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

Police Charge Man with DUI after Hit and Run

police-charge-man-with-dui-after-hit-and-run

Berlin Man Faces DUI Charge after Hit and Run

Maryland state troopers arrested a Berlin man in early May, charging him with driving under the influence of alcohol, leaving the scene of an accident and other related charges. Authorities say the Berlin man struck an SUV with his pickup truck before driving away. The accident occurred near Worcester Highway and Jarvis Road.

According to reports, troopers were called shortly after the collision and used evidence from witnesses to locate and arrest the driver. When troopers pulled him over, they could smell alcohol on his breath. He failed a field sobriety test, as well as a blood alcohol test.

No injuries were reported as a result of the collision.

Baltimore County, Maryland, Criminal Defense Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of criminal defendants across Maryland for more than 30 years. He has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and is also respected by his colleagues in the legal profession, who have given him an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Because of his record and reputation, Smith was a recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Top-Rated Maryland Criminal Defense Lawyer

We fight for the rights of criminal defendants. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. We represent criminal defendants in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Source – http://www.wmdt.com/news/more-local-news/Berlin-man-charged-with-DUI-after-fleeing-crash-scene/32916834

Howard County DUI Sobriety Checkpoint Nabs Twelve

On Friday, June 14, 2013, Howard County police set up a sobriety checkpoint on westbound Route 40 and Governors Run Way in Ellicott City. The sobriety checkpoint, which started late in the evening, extended into early Saturday morning, resulted in 12 arrests, reported The Baltimore Sun.

Police say 998 drivers came through the sobriety checkpoint, and that six were arrested for DUI, or driving under the influence of alcohol. Three more drivers were taken into custody for drug offenses, and three motorists were detained for driving with suspended license.

DUI Check Points Funded by Grants

The DUI sobriety checkpoint, manned by Howard County police and Maryland State troopers, is part of the Checkpoint Strikeforce Campaign, a program funded in part by a grant from the Maryland Highway Safety Office. DUI Sobriety check points, though not legal in some states, have been upheld in Maryland as consistent with the state constitution and the U.S. Constitution, provided they comply with detailed constitutional requirements.

Top-Rated Drunk Driving Lawyer in Howard County, MD

Mr. Smith’s extensive trial experience — and track record of successful results, including DUI cases— has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • 10.0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell)
  • 2013 Top Attorneys in Maryland (American Registry)
  • 2013 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.
  • The National Trial Lawyers: Top 100 Trial Lawyers (by invitation only and limited to the Top 100 Trial Lawyers from each state).
  • AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Columbia, Maryland Drunk Driving Defense Attorney

When you need top-rated criminal defense lawyer to fight a DUI charge, including one resulting from a DUI sobriety checkpoint, attorney Jonathan Scott Smith will aggressively fight hard to protect your constitutional rights. Contact our firm online or call our office at 410-740-0101 to schedule an appointment. We represent criminal defendants in Howard County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County, Maryland.

 

 

 

Driving with Suspended License in Maryland

Driving with Suspended License is Serious
In Maryland, a driver’s license can be suspended for many reasons. Often it is caused by a mistake, or an oversight, but it can lead to serious consequences. Some of the reasons the Maryland MVA will suspend a driver’s license:

  • Failing to pay a traffic ticket.
  • Failing to pay a fine after appearing in traffic court.
  • Failing to appear in court for a traffic ticket.
  • Moving to a new address and not notifying the MVA, and then not receiving a notice to appear in court for a traffic ticket.
  • Receiving too many points (MVA can suspend a driver’s license for an accumulation of 8  points or more).
  • Being convicted of DWI/DUI, driving under the influence, or driving while impaired.

Many people charged with driving with suspended licence in Maryland are not criminals; they make a mistake, or fail to take care of a traffic ticket through an oversight.

What are the Penalties for Driving With Suspended License?

The penalties for driving with suspended license in Maryland are serious. They range from 2 months in jail, a $500.00 fine, or both, to one year in jail, a $1,000.00 fine, or both — depending upon the reason the license was suspended. Also, a conviction can range from 3 points to 12 points — enough to revoke your driver’s license.

Top Rated Traffic Ticket Lawyer Howard County MD

Jonathan Scott Smith is a top rated traffic ticket lawyer and former prosecutor with more than 30 years of criminal law experience. He has represented many clients in Howard County, including Ellicott City and Columbia, Maryland, who have been charged with driving with suspended licence. Mr. Smith is a former prosecutor and experienced traffic ticket attorney who has handled many driving with suspended license  cases.

Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • 10.0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell)
  • 2013 Top Attorneys in Maryland (American Registry)
  • 2013 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.
  • AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Howard County Traffic Ticket Defense Attorney

We handle defense of driving with suspended license charges, and traffic tickets for individuals throughout the Baltimore and Washington metro areas. We will fully investigate the facts and evidence related to your citation, and fight hard for you.

Contact Our Office

If you need a lawyer for traffic tickets, including driving with suspended license, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland traffic violations defense lawyer to work for you. We accept Visa, MasterCard, Discover and American Express.

 

Underage Drinking Warnings Released by Howard County Police

Underage Drinking at Prom and Graduation Parties
Underage drinking, a frequent occurrence at prom and graduation parties, was the focus of recent warnings by Howard County Police. With prom and graduations starting this coming weekend, county police sought to warn teens and their parents of the legal consequences of underage drinking.

Underage Drinking Can Result in Possession of Alcohol Charges

Various criminal charges can be filed if someone is caught in underage drinking. These include criminal charges for alcohol possession and possession of a fake ID. If a driver engages in underage drinking, they may be charged with violation of alcohol restriction, driving under the influence (DUI) and driving while impaired (DWI). Adults who provide alcohol to minors can be criminally charged with obtaining or furnishing alcohol to a minor.

Criminal Lawyer for Underage Drinking Charges

Mr. Smith is a top rated criminal defense attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including numerous cases involved underage drinking.

With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Top Rated Criminal Defense: Possession of Alcohol by Minor

Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • 10.0 Superb” as a litigation attorney by AVVO.
  • AV-Preeminent™*” Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • 2013 Top Rated Lawyer by The American Lawyer magazine and Martindale-Hubbell.

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Contact Us Now

Call our office at 410-740-0101, or contact us online, to schedule an appointment. We represent people accused of underage drinking and other crimes throughout Maryland, including Howard County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County.

We accept Visa, MasterCard, and American Express.

Drivers Face DUI Charges in Prince George’s County Sobriety Checkpoint

Sobriety Checkpoint In Prince George’s County Nets Drivers

On December 7 and 8, 2012, Prince George’s County police officers conducted sobriety check points and focused their enforcement along the University Boulevard corridor and the Pennsylvania Avenue and Marlboro Pike corridor. On those nights, police officers made seven arrests on DUI charges over the course of 100 traffic stops, according to the police department.

The Prince George’s County Police Department’s sobriety checkpoint is part of its participation in a statewide drunk driving enforcement operation called Project SOLO—Saving Our Loved Ones.

Prince George’s County DUI Lawyer

An experienced DUI lawyer can be very helpful dealing with arrests resulting from sobriety checkpoints. Attorney Jonathan Scott Smith is a top rated attorney and former prosecutor with more than 30 years of experience in criminal law and drunk driving cases. Before going into private practice, attorney Smith worked as a Maryland prosecutor and learned how the state prepares criminal matters. He has handled 1,000’s of drunk driving cases.

Top Rated Drunk Driving Defense Attorney

Mr. Smith’s extensive trial experience — and track record of successful results in DUI/DWI and driving under the influence and  other criminal cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating.

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

DUI Lawyer Prince George’s County MD

To schedule an appointment with an experienced drunk driving defense lawyer, contact us online or call us at 410-740-0101.Put the skill and experience of a former prosecutor to work for you. We accept Visa, MasterCard, Discover and American Express.

 

Six Drivers Arrested in Howard Count DUI Sobriety Checkpoint

Sobriety Checkpoint Results in DUI Charges

Howard County Police conducted a DUI sobriety checkpoint on Saturday, December 8, 2012 into the early morning hours of Sunday, December 9, 2012, according to The Baltimore Sun. The sobriety checkpoint was established on westbound US Route 40 and Governors Run Way in Ellicott City.

Five drivers were arrested and charged with DUI charges. One driver was arrested for driving on a suspended license. Approximately 649 vehicles passed through the Checkpoint, which was staffed by Howard County Police.

Sobriety Checkpoints Key Tool for DUI Charges

Howard County Police periodically conduct sobriety checkpoints as part of the Checkpoint Strikeforce campaign that are funded in part by a grant from the Maryland Highway Safety Office. Maryland Mothers Against Drunk Driving (MADD) also assisted with the DUI check point.

Maryland DUI  Lawyer

An experienced sobriety check point DUI lawyer can explain your rights and fight for you in court. Attorney Jonathan Scott Smith is a top rated attorney and former prosecutor with more than 30 years of experience in criminal law and drunk driving cases. Before going into private practice, attorney Smith worked as a Maryland prosecutor and learned how the state prepares criminal matters. He has handled 1,000’s of drunk driving cases.

Mr. Smith’s extensive trial experience — and track record of successful results in DUI charges and other criminal cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense and DUI drunk driving attorneys in Columbia, Ellicott City, and Howard County.

DUI Attorney Howard County MD

DUI charges are very serious. You need an experienced drunk driving lawyer to fight for you. We accept Visa, MasterCard, Discover and American Express. To schedule an appointment with an experienced drunk driving defense lawyer, contact us online or call us at 410-740-0101.

Authorities Target DUI Drivers on Holidays

Maryland has targeted Thanksgiving with mobile and stationary patrols. Additionally, the Maryland State Police’s operation “Centerpoint Strikeforce” regularly sets up checkpoints throughout the state.

The Centerpoint Strikeforce operation recently checked 130 cars near the Md. 85 and Executive Way in just a four-hour weekend-period, but no one was arrested on drunk driving charges. This particular Maryland location was chosen because of the area’s relative frequency of DUI arrests and crashes involving alcohol.

Interestingly, the American Beverage Institute notes a University of Maryland study (2009) that indicates sobriety checkpoints do not in fact affect drivers’ actions. Rather, research seems to indicate that roving police cars tend to make more DUI arrests.

Throughout the United States authorities have been cracking down on DUI drivers just before and during holidays. For those interested, it is possible to find the location of these DUI police checkpoints online, through websites devoted specifically to tracking DUI checkpoints. Also, police departments often announce their plans to conduct sobriety checkpoints (but not the locations).

Holidays such as Labor Day typically have more drunk-driving related crashes. For instance, during Labor Day weekend in 2010, 147 people died as a result of car crashes that involved a drunk driver.

Accused of DUI or DWI in MD? Contact an Experience Criminal Defense Attorney

To schedule an appointment with an experienced criminal defense lawyer at the Smith Criminal Defense Firm in Columbia, Maryland, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

ADDRESS :

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

  • Call for consultation 410-740-0101