Attorneys

Was the Stop Legal? Under the law, if the stop is illegal, then everything that flows from the stop, including evidence of intoxication, is an illegal "fruit" of the stop and may be inadmissible in court. Therefore, a diligent lawyer will seek to evaluate carefully and, perhaps, attack the basis for the traffic stop. The police normally succeed in articulating a legal basis for the stop, including excessive speed, an inoperable brake light, or even the driver's failure to wear a seatbelt. Once a legal stop is made, the officer has the right to inquire whether the driver consumed alcohol. Was There Evidence of Intoxication or Impairment? The officer must have probable cause to believe that the driver is intoxicated or impaired before he may take further steps to confirm or dispel this belief. In evaluating this issue, your lawyer must carefully examine the Statement of Charges and other information to determine whether the officer's beliefs and conclusions were reasonable. The officer may have the right to conduct a field sobriety test if he observes such things as an odor of alcohol on the driver's breath or certain conduct by the driver, including slurred speech, watery or glassy eyes, or other mannerisms suggestive of impairment. Sometimes the evidence does not justify the officer's request to perform a field sobriety test. For example, if the only evidence is the mere "odor of alcohol," this may not justify a belief that alcohol had been used. Alcohol itself is relatively odorless, and the scent of beer, wine and spirits is the actual flavoring of the alcoholic beverage. One who has consumed nonalcoholic beer, for example, may nonetheless emit an odor of alcohol. Was the Field Sobriety Test Performed Properly? The "field sobriety test" normally consists of the heal­to­toe test, recitation of the alphabet or numbers in sequential forward or reverse order, and the one­leg­stand test. Other tests include the finger­to­nose exercise, and the horizontal nystagmus gaze test, which involves the officer's assessment of the reaction of the driver's eyes to light stimulus. Unsuccessful completion of any one of the above­referenced field sobriety tests will normally result in the driver being placed under arrest and charged with DWI/DUI. There may be reasons for field sobriety test failure which are unrelated to alcohol consumption. For example, sometimes the officer's instructions for performance of the field sobriety test are unclear or incorrect. Sometimes, the roadside conditions where the test was administered are unsatisfactory. And in some cases, the driver suffers from certain physical impairments unrelated to alcohol use that prevent successful completion of the test. Was the Chemical Test Properly Administered? Occasionally, the equipment used to test breath or blood for alcohol concentration fail and cannot report results, thus resulting in a determination by the test operator that the driver refused the test. In other cases, the testing equipment is not properly calibrated, or the instructions given to the driver for taking the test are unclear or incorrect. Whether the particular chemical test offered was taken and is accurate is important to the issues of whether and to what extent the MVA can suspend the driver's license, and whether the test results may be admitted as evidence at trial. What are Minor Traffic Violations? Minor violations are those offenses that are not subject to jail sentences. A speeding ticket is an example of a minor offense. When you have been charged with a minor violation, you generally have two options: you may choose to either pay the fine that has been indicated on the ticket or contest the ticket by going to court. What If I choose to pay the fine? Then you are admitting that you are guilty of the charge. Before paying the fine, you should be aware of the "point system" established by the Maryland Motor vehicle Administration. This system can assess points on a driving record whenever a driver has been convicted of a violation. (See the point values noted on the following pages.) Within a two­year period, if you have accumulated five points on your license, the MVA will arrange a conference with you to discuss your driving record. If you have accumulated eight points on your license within that same two­year period, then your license may be suspended. You may wish to ask the police officer who issued the ticket how many points you will receive if you choose to pay the fine. A majority of motorists pay their fines precluding a trip to court. Be certain to sign the ticket as requested by the officer. Your signature simply shows that you have received the ticket; it is not an admission of guilt. What If I choose to contest the ticket? You may do so by going to court. The ticket will include the information that is necessary in scheduling a court date. If you fail to pay the fine and do not appear in court, your driver's license will automatically be suspended. A Driving While Suspended Conviction for failing to pay a ticket or appear in court is subject to a 60­day jail term and a $500 fine so, be certain that you pay the ticket or appear in court to contest the violation. Regardless of how you feel about the charge or the issuing officer, cooperation, respect and good manners will never hurt you in Court. The police officer will definitely note anything to the contrary and will often be asked by the Judge for any such information to help influence the Court's disposition of the matter. When you appear in court, you have a right to enter a plea of "not guilty" and the officer who issued the traffic ticket must be present to testify. In traffic cases, generally, the State does not have to prove you "intended" to commit the traffic offense; you are guilty if they prove you committed the act. There are some exceptions. Your reason for speeding is not a defense, but may be used as mitigating circumstances that the judge will consider when the fine is imposed, along with your driving record and all relevant facts and circumstances. What are Major Traffic Violations? The second category of traffic violations are known as "major offenses" or incarcerable motor vehicle offenses. If you are convicted of a major offense, then you may be subject to a jail sentence. Driving While Intoxicated is one example of an incarcerable offense. If you are charged with an offense of that nature, then you must appear in court. Unlike minor offenses, you do not have a choice of paying a fine or going to court. If you have been charged with a major offense, you will receive a summons in the mail that will include the date, time and location of the trial. Be sure that you go to the correct courtroom at the time indicated on the summons. If the date you are to appear in court would cause you an unreasonable hardship (illness, hospitalization, etc.) you may write to the court and ask for another date for good cause shown. However, make that request prior to the court date and be certain that it is granted before you fail to appear. This applies to either major or minor traffic violations. If you fail to appear on a major traffic violation, the judge may issue a warrant for your arrest.