I am on vacation and have no books to look this up, however, the state has one (1) year to bring charges for assault and battery and I believe if an officer filed DUI charges in less than a year a Motion to Dismiss on that basis would fail. Now, the State clearly has problems of...View More
Most people are taken into custody at the scene if they are suspected of a DUI. In some cases, the police officer or hospital takes blood from the suspect who is charged once the results come back. If you have concerns, you should speak to a lawyer in a confidential setting. If the police did not...View More
Yes. An arrest/charge must be commenced within one year of the offense date. The trial does not have to take place within one year, but the prosecution must be commenced by issuing charges within that time.
We live in MD and my family was stopped for a routine traffic stop back in January. It was my husband, 14-yr old son, and I in the car with my hubbie driving. We were not far from home just coming from a quick dinner. As we were traveling downhill, we were followed then pulled over for speeding... View More
It’s impossible to advise you based solely on these facts. Your husband needs a lawyer, and the best thing he can do is hire a good criminal defense lawyer. The lawyer will obtain all the discovery from the prosecutor and can better analyze the situation.
"I have not been charged." So, are you stating that the police officer did NOT issue you a citation at the time of the stop for DWI? You had to be placed under arrest and transported back to the station to take the breath test for that test to be admissible into evidence; otherwise, you...View More
If you have not been charged and citations have not been issued, there is nothing that an attorney can do since there is nothing to move to dismiss. If charges have not been filed by now, you will not be charged.
If citations were issued, then you have been charged and the statute of...View More
I blew 0.10 on the road side and the officer told me to do not blew at the police station, then I didn’t blew, today I got my license suspended for 270 days. The saddest thing is my asylum case is pending and my final hearing is in couple of months. Please I’ll like to know if this will affect... View More
Generally speaking criminal law issues do impact impact immigration cases. You will want to get the paper details of the case as well as the disposition from the court. The disposition is what the court ordered. It should have the court's original seal on it. You will need those documents. if...View More
If charges were filed within one year, then you can still be prosecuted. In most DUI cases, the citations are served on the date of the arrest and then the Defendant has been charged. There is a constitutional right to a speedy trial, but the right must be asserted and any delays caused by the...View More
All traffic violations that carry the possibility of jail are misdemeanors (a few are felonies) and will appear as arrests and their dispositions will be reported in the FBI national criminal database for purposes of criminal background record checks. So, although they are generally prosecuted on a...View More
Came and reached in my car to turn it off, did the HGN and arrested me. I am almost deaf so I didnt understand what they were saying with their masks on. They say I had slurred speech and a faint smell of alcohol on my breath. No breathalyzer test and they say I refused 2 and 1/2 hours after my... View More
Depending on more details, and to the extent you can prove the 2-1/2 hours and are measuring it correctly from the point the clock starts to run, and opposing contentions as testified to or documented by the police officers (and their body cams), you may have several defenses. However, it is not...View More
Points are assessed from the date of the original violation, so if it has been 2 years since you were stopped for the DUI, the points will no longer be current points (they will show with an asterisk on your driving record, but would not be included in any current point total). However, the MVA...View More
A prosecution for DUI in Maryland must be commenced (charges filed) within one year of the offense. This is true for all traffic charges in Maryland, with the exception of manslaughter by automobile or manslaughter while dui, and related offenses, which have a 3 year SOL.
I have been living in the US for just a year now. I entered with a b1 visa and overstayed it. I am aware that it is illegal but as an African, I didn't have any real chances of obtaining a residency in the US.
That said, I work hard every day hoping my American... View More
Yes. Maryland repealed the requirement to prove legal status in the US in order to obtain a driver’s license; however, a license obtained by an illegal immigrant is not the same as a license obtained by someone with legal status. They look similar, but it is not a legal form of identification for...View More
We have a estate lawyer for him but they won't tell them anything but that it's a active murder investigation, wouldn't it be vehicular manslaughter. officers turned the case over to the ASA but nobody called n told us that they won't let us see the video of the accident either... View More
The personal representative of the estate should retain a personal injury lawyer to pursue a survival action, and your brother’s heirs (wife, children, parents, siblings) should retain a personal injury lawyer to pursue a wrongful death action. I’m n these cases, the estate may prefer to not...View More
If you were not the owner or driver of the car, it is difficult or impossible to understand the legal theory that one would use to hold you accountable. If you were present in the car, had an obligation to prevent him from driving, and did not, or encouraged him in some fashion, there may be some...View More
The PBJ will not mask the DUI offense on your CDL. Even if you received a PBJ the DUI will not only appear on your CDL record, it will trigger a one year suspension. Maryland’s laws are written to comply with federal laws that treat dispositions like a OBJ as a conviction for purposes of...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.