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Questions Answered by Lee Eidelberg
1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Maryland on
Q: Can I sue a hotel if me and another family members medications and money were stolen from our room?

I was on vacation out of state and a family member realized her things were rummaged through when we came back from an event and items were missing. I noticed my medication and money was gone the next day when I went to take them. This happened in South Carolina and I live in Baltimore. The hotel... View More

Lee Eidelberg
Lee Eidelberg
answered on Oct 16, 2023

The simple answer to the question of whether you can sue the hotel is "yes." However your need an attorney admitted to practice in SC and evidence that the hotel's staff was negligent in some manner. Presumably, the doors to the rooms lock automatically upon exiting the room so... View More

3 Answers | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: My 20 year old daughter tried to get in a club in MD with a fake ID that had her real name & picture, with a different

Birthdate. We live in Pa. She’s a top student & has never been in trouble.Can she plead guilty & ask for the diversion program? What is the best avenue to try to get a misdemeanor off her record? Thank you.

Lee Eidelberg
Lee Eidelberg
answered on Jun 27, 2023

I wholeheartedly agree with my colleagues' previous responses. Having handled countless cases involving young adults using internet generated fake I.D.'s, it is not uncommon, provided a Defendant has no prior convictions or similar offenses in their history, to avoid formal prosecution.... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Could I call a tow truck on a car that is blocking the sidewalk for weeks now? Should I leave a notice to move the car?
Lee Eidelberg
Lee Eidelberg
answered on May 5, 2023

If the car leaves and returns to the location and continues to block the sidewalk on each occasion, a note on the windshield might suffice. If the car has remained in place for some time, the better approach might be to call the police and report that the car is seemingly abandoned and/or, if... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My attorney failed me. How can I be prejudged without my evidence and complete statement heard by the states attorney?

My attorney told me that my ex and I would have our charges dropped the day before the trial, so i was totally unprepared to know if I should have agreed to the stet. I now know the states attorney planned to find my ex innocent a month before the trial, even though I was the one that was... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 17, 2023

The Office of the State's Attorney has the prerogative either to prosecute, dismiss or in your case(s), place the cross assault cases filed against both you and your ex on an inactive or "stet" docket. Neither case, if "stetted" was dismissed. Thus, if you possess... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get out of a subpoena? I feel like I am being forced to talk against someone I did not press charges on.

My boyfriend and I were both under the influence and fought. My mom was involved. Things got physical but no one pressed charges. He was charged with 2 2nd-degree assaults. My mother and I were both mailed a subpoena but we want no parts.

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2023

You and your mother are required to appear in court pursuant to the subpoena or face the potential of being seized by the Sherrif's department pursuant to a "body attachment" issued by a judge, should the State request such an order. As a practical matter, however, and subject to... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

I'm curious about this as it pertains to Title 20 - Vehicle Laws -- Accidents and Accident Reports; Section 20-106 - Duty on Striking Domestic Animal. My dog was hit, and the driver stopped before driving away. I called the police to file a report & create a case, but I'm wondering... View More

Lee Eidelberg
Lee Eidelberg
answered on Mar 22, 2023

If the responsible driver did not notify the police/law enforcement to report the incident - and you have identification information regarding the driver - the police at its option, if you report the offender, could cite the driver for violating the applicable section of the transportation code,... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Lee Eidelberg
Lee Eidelberg
answered on Oct 24, 2022

In short, yes. If you know the identity of the driver, you can sue the responsible party within three (3) years, per Maryland's statute of limitations. If you do not know the identity of the driver and can satisfy your own insurance carrier (usually through the production of a police report... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: a public utility hires a contractor to provide large trucks for an ongoing project.

one of the trucks is involved in an accident while overweight. what liability attaches to the utility that hired the contractor?

the driver of the truck is an employee of the contractor hired by the utility company.

does liability attach to the utility company? The utility... View More

Lee Eidelberg
Lee Eidelberg
answered on Nov 3, 2023

Although your post does not indicate for whom the driver of the truck was employed, insurance coverage for the vehicle being operated, unless operated without permission of the vehicle's owner, generally applies to cover damages caused by a negligent operator.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Can a minor use Bluetooth while driving in md. My daughter was told by an officer that she could.

I look it up and found this driver.

Drivers under the age of 18

Drivers under the age of 18 may not use a "wireless communication device" (a handheld or hands-free device used to access telephone service) while driving, except to contact 9-1-1. Doing so is a primary... View More

Lee Eidelberg
Lee Eidelberg
answered on May 16, 2023

No, a minor cannot use a wireless communication device.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: ticket for driving with suspended registration due to missing smog check in Maryland

My wife received a ticket for driving with suspended registration due to missing smog check yet I have paperwork showing the current smog check still has 8 months on it. The only option on the ticket is "request a trial" which seems way to much for what seems like a clerical error. Is... View More

Lee Eidelberg
Lee Eidelberg
answered on Feb 13, 2023

I've never heard of a "smog check." However, if you're referring to a suspended registration due to allegedly failing to have a timely vehicle emissions test, the only way to contest the ticket is to appear in court and provide evidence proving your defense. If you feel the... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Good morning! "Title 21, Subtitle 7 Transportation Article Maryland State Law, Transportation Article 21-706

A park school bus turned on its stop sign while I was in the middle of the bus and the camera caught me driving past. I did not have enough notification to know to stop

Lee Eidelberg
Lee Eidelberg
answered on Aug 24, 2022

You have not posted a question. However, if the camera was able to record the front of your vehicle and its license plate, that evidence might refute your contention that you had already passed the front of the bus before its signs/signals were activated. Payment of the fine is tantamount to... View More

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: What does serious case NP mean relating to a traffic court case?

I have traffic citations and must appears for 80mph in 40 zone, expired license, expired registration plate. The citations were issued on 11/23/2020 during the covid lock downs. The case is almost two years old and there wasn’t any activity sence I missed the court date on 9/29/2021. Then on... View More

Lee Eidelberg
Lee Eidelberg
answered on Aug 7, 2022

It means that any citation issue against you that called for a jail sentence was dismissed by the state and all remaining tickets can either be paid/satisfied before going to court or appearing before a judge and seeking a more favorable outcome.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: do I have to go to my preliminary trial?

My lawyer is saying the state's attorney is reducing my charges. He is saying I do not have to go to my preliminary hearing now. He said the State’s attorney’s office said we should not go – which is the usual course of action when there is a reduction. I just wanted to make sure this is... View More

Lee Eidelberg
Lee Eidelberg
answered on Jan 13, 2022

You were not scheduled for a preliminary trial. You were scheduling for a preliminary hearing to determine if probable cause existed to charge you with a felony, presumably 1st degree assault. The State evidently determined that insufficient evidence existed for the felony count and the formal... View More

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Hello I have a citation, and I was wondering if I am traveling on a main roadway and there is a soild yellow line

Indicates no turning / crossing the line from my side do I have to stop on a school bus sign/signal due to it just being for the opposite side of traffic in this case would those lines not act as a median of sorts for traffic ?

Lee Eidelberg
Lee Eidelberg
answered on Nov 29, 2021

Unless the roadway is divided by a concrete median, you are requires to stop for a school bus whose lights/signs are activated. A single or double yellow line separating your and the bus's direction of travel does not avoid your responsibility for stopping.

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1 Answer | Asked in Medical Malpractice for Maryland on
Q: Pharmacy gave the worng medication he said he made a mistake yes I got sick date 10/30/21
Lee Eidelberg
Lee Eidelberg
answered on Nov 17, 2021

You have not posted an actual question. Do I have a possible claim? Is that your question? Answer: Yes, perhaps. The claim could be dependent on the difference in appearance between the two medications, what medication was actually described on the prescription bottle, how much of the... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Wrong vehicle listed on speeding ticket

I live in BelAir Maryland and was pulled over for speeding. The officer wrote the ticket for a vehicle that I sold over a year and a half ago. Should I goto court for this ticket in hopes of getting it dropped or hire a lawyer or just pull up my big boy pants and pay the ticket and accept the 2... View More

Lee Eidelberg
Lee Eidelberg
answered on Jan 28, 2021

Why in the world would you plead guilty by paying the ticket and receiving the points? The Citation can be proven defective!

Yes, you should absolutely request a trial - not a "waiver hearing? - and consider retaining an attorney to represent you. If you can establish that you were...
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2 Answers | Asked in Traffic Tickets for Maryland on
Q: TA-21-201(a1) Contributed to Accident Defendable?

Was assessed a $130 fine for TA-21-201 Contributed to Accident where I turned left out of an apparent right turn only (only signage was pavement, no left turn prohibited sign). Cop said he had me on video, presumably dash cam.

Main issue other than the hefty fine is that the ticket is... View More

Lee Eidelberg
Lee Eidelberg
answered on Oct 5, 2020

You should submit a trial request and appear in court. If the Officer fails to appear, the Citation will be dismissed. The Citation to 21-201(a1) should not specify whether your failing to obey a traffic control device under that subsection contributed to an accident. Frankly, I've never... View More

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: my son just got his 2nd speeding ticket in 60days...12mph over and 23mph over...will he lose his license tks terry
Lee Eidelberg
Lee Eidelberg
answered on Aug 22, 2020

Each of the violations carries a 2-point assessment upon conviction. The loss of your son's license would be dependent on whether he has any existing points or if he is a provisional license holder. Accumulating eight points will result in a suspension. a provisional license holder would also... View More

2 Answers | Asked in Criminal Law, Traffic Tickets, Car Accidents and Civil Litigation for Maryland on
Q: Can I sue a driver hitting my parked car and run off but was caught and went back to the scene?

The driver hit my parked car and ran off but was caught by our neighbor when he chased him and convinced him to go back to the scene which he did. The police arrived and found out that the driver apparently has a suspended license. Insurance company said that that most likely will happened is for... View More

Lee Eidelberg
Lee Eidelberg
answered on Jul 5, 2020

depending on the age of your vehicle and the extent of the property damage, you may have a civil claim against the opposing individual for diminution of your vehicles value. however, you have not provided sufficient information to comment on whether it is worthwhile to pursue such a claim.

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: If I request a trial should I get a public defender?
Lee Eidelberg
Lee Eidelberg
answered on Jun 18, 2020

Public defenders are typically unavailable to represent individuals in "payable"traffic court. There are some exceptions where the offense is one calling for incarceration. Your post is not provide sufficient detail to enable a more specific response.

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