Columbia DUI Lawyer

Columbia DUI & Traffic Offenses Attorney

If you have been charged with serious traffic offences or a DUI, you may be terrified about the potential consequences of your legal troubles. When facing these challenges, it is recommended to contact a Columbia DUI lawyer. To be sure, the penalties you may be facing can be arduous, and may impact your career, relationships, reputation, and pocketbook. With so much at stake, you need a truly dedicated and talented legal team on your side. At the Law Offices of Todd K. Mohink, PA, you will get nothing less. The minute you encounter legal issues related to drinking and driving or other serious traffic issues, contact the Columbia DUI & traffic offenses lawyers who have experience in these issues: the Law Offices of Todd K. Mohink

Criteria for Traffic Stops in Howard County

Law enforcement officers must have a legal basis for any traffic stop. In other words, they must have observed you making a traffic violation, or otherwise have reasonable articulable suspicion (RAS) that you are intoxicated. The Supreme Court defines RAS as “more than inchoate and unparticularized suspicion or hunch.”

In the case of a witnessed violation, such as speeding, the impetus for detaining the driver is clear. In the case of an RAS, the officer must be able to explain with even less than a probable cause or preponderance of evidence standard the reason for the stop.

Types of Traffic Offenses

Traffic violations range in severity, depending on the circumstances surrounding the offense. Offenses are typically placed in one of three categories:

• Infraction
• Misdemeanor
• Felony

Traffic Infractions

Most driving violations are considered infractions. This is the least serious type of offense. Infractions are usually not criminal, but the action is prohibited by law. Some examples of infractions include speeding, failing to yield, and seatbelt violations.

Traffic infractions generally fall under strict liability. This means that the person committing the infraction can be considered guilty regardless of their intent. An example would be that a driver could be penalized for running a stop sign, even if they were not paying attention and didn’t notice the stop sign in clear view.

Generally speaking, some infractions are categorized as either moving or non-moving infractions. Moving infractions tend to carry heavier penalties than non-moving ones. Examples of moving infractions include running a red light or speeding. An example of a non-moving violation is parking in a no-parking zone.

In most cases, traffic infractions are handled in traffic court. Traffic court tends to be informal and much quicker than criminal court. If a driver does not want to appear in court, they can plead guilty and pay the fine. However, if they want to plead not guilty, they must appear in court, and they can hire a traffic offenses attorney. Typically speaking, a traffic violation does not result in jail time. Penalties include fines, a requirement to complete traffic school, and points on your record.

Traffic Misdemeanors and Felonies

When a traffic situation is more serious, it can be considered a misdemeanor or felony, both of which are criminal offenses. A traffic incident is considered criminal if there is a possibility of serving prison time. Examples of criminal traffic offenses include:

• Driving under the influence
• Vehicular homicide
• Reckless driving
• Fleeing from law enforcement
• Hit and Run
• Transporting illegal substances

Whether a criminal traffic offense counts as a misdemeanor or felony depends on several factors. A simple infraction can escalate to a criminal charge if the violation is excessive, such as a speeding violation if the driver goes significantly over the speed limit.

The difference between a misdemeanor and a felony will be determined based on jurisdiction and other factors surrounding the crime. A violation that would have been an infraction or a misdemeanor can become a felony if it results in the severe injury or death of a person or significant property damage.

DUI Laws

In Maryland, like most states, a DUI (driving under the influence) is defined as driving or attempting to drive while impaired or under the influence of a controlled substance or alcohol (with a blood alcohol content level of 0.08% or more).

According to Maryland law, a DWI (as opposed to a DUI) does not require a certain blood alcohol content level. It only needs to be proven that you were more impaired than reasonably normal, to some extent, by drugs or alcohol. It is also possible for someone to receive a DWI while driving under the influence of legal drugs, such as over-the-counter prescription medications, if it hinders their ability to drive normally.

DUI Penalties

The penalties for DUI vary based on the offense of the DUI. For instance, if it is your third DUI, it will typically come with harsher penalties than a first-time DUI. However, only instances that occurred within the look-back period count.

• For first-time DUI offenses, a driver can face time in jail, fines, and a license suspension.
• Second-time DUI offenses carry penalties of an even longer time in jail, more money in fines, and a longer license suspension. Second-offense drivers must also participate in an alcohol and drug assessment, as well as any other recommendations for treatment.
• Third-time DUI offenses carry more severe penalties for jail time, fines, and license suspensions. These offenders must also complete an alcohol and drug assessment, along with other treatment requirements. However, sometimes, these treatments can count towards jail time.

Fifth Amendment Rights

We remind clients of their right to remain silent when questioned by law enforcement. The Fifth Amendment does protect individuals from providing incriminating evidence against themselves, and you can be sure that police officers are looking for whatever they can find to bolster their case against you. So keep quiet and request to speak to your attorney at the Law Offices of Todd K. Mohink.

Is it Necessary to Submit to Testing?

But what about taking a Breathalyzer or other test to verify whether or not you’ve been drinking or using drugs? Recently, the state of Maryland has determined that refusing to take a test to determine blood alcohol or drug level concentrations can result in the confiscation of your driver’s license for up to 270 days for a first offense, and for 2 years for subsequent offences. Conversely, if you take, and fail a test, you might lose your license for just 180 days. But you should know that the test will be used as evidence to prove that you were inebriated.

In the event we request and schedule an administrative hearing, your legal team may be able to show cause as to why your driving privilege should be reinstated. Alternatives to the driving suspension might include having an ignition interlock device installed in your vehicle, or allowing limited driving for specific purposes, such as to and from work

FAQs

Q: How Do You Beat a DUI in Maryland?

A: Like in most other jurisdictions, beating a DUI in Maryland requires understanding the law, knowing the circumstances of your arrest, and having a strong defense strategy. Some methods to use in beating a DUI include hiring a well-versed DUI attorney, challenging the traffic stop, field sobriety tests, and the officer’s observations, seeking a plea bargain, and gathering all the necessary evidence you can that can support your claims.

Q: How Likely Is Jail Time for the First DUI in Maryland?

A: The likelihood of facing jail time for a first DUI in Maryland depends on the circumstances surrounding the case. Generally speaking, a first-time DUI offender will face fines, license suspension, and participation in some type of alcohol program. However, if there are aggravating factors that escalate the severity of the DUI, more jail time is possible, such as having a much higher BAC, transporting a minor, or causing the death of another person.

Q: Can a DUI Be Dismissed in Maryland?

A: Under certain circumstances, a DUI can be dismissed in Maryland. A dismissal typically happens when there is insufficient evidence to prove the facts of the offense. It can also occur due to procedural errors made during the arrest or prosecution or when the defendant’s Constitutional rights have been violated. However, it is worth noting that each DUI case is different, and the likelihood of a dismissal is based on the circumstances of your case.

Q: How Many Points Is a DUI in Maryland?

A: In Maryland, a DUI conviction typically results in 12 points against the individual’s driver’s license. This is the highest point value assigned to any traffic offense in the state. Accumulating 12 or more points on your driving record within a two-year period can lead to the suspension or revocation of your driver’s license. If you’re convicted of a DWI, eight points will be added to your license.

Contact Our Columbia DUI Attorneys Today

Your future is at risk: don’t leave it to inexperienced or uncommitted amateurs to help you out of this bind. Let the knowledgeable, hard-hitting attorneys at the Law Offices of Todd K. Mohink take care of you. Contact our Howard County DUI and traffic offenses lawyers for a confidential consultation today at 410-766-0113.