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Maryland DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Maryland on
Q: My son has a virtual hearing for DWI in New Jersey. Is this a trial date? Or a preliminary hearing? Will he need a law

Will he need a lawyer for this hearing?

Scott Scherr
Scott Scherr
answered on Sep 12, 2022

You will need to ask a New Jersey attorney this question. Repost your question to New Jersey attorneys by listing the location as New Jersey.

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Municipal Law for Maryland on
Q: I submitted a car registration renewal request online for Maryland and forgot to update the address? What should I do?

I also had switched insurance providers so, would that be a factor as well?

Scott Scherr
Scott Scherr
answered on Aug 21, 2022

Go to the MVA and ask them for the proper information to amend your address and the insurance company. I do not know if that can be done online.

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Maryland on
Q: What can be done to remove IID and fight back against the injustice of the police system? We live in MD.

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... Read more »

Mark Oakley
Mark Oakley
answered on Jun 25, 2022

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.

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1 Answer | Asked in DUI / DWI for Maryland on
Q: I was pulled over for a DWI in Maryland in January 2021 with a .06 bac. Legal limits are .08. More than a year later…

I have not been charged. A dwi in Maryland is a misdemeanor. Can I hire a lawyer to file a motion to dismiss since it’s beyond the statute of limitations?

Mark Oakley
Mark Oakley
answered on Mar 19, 2022

"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... Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: I was pulled over for a DWI in Maryland in January 2021 with a .06 bac. Legal limits are .08. More than a year later..

I have not been charged. A dwi in Maryland is a misdemeanor. Can I hire a lawyer to file a motion to dismiss since it’s beyond the statute of limitations?

Scott Scherr
Scott Scherr
answered on Mar 19, 2022

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...
Read more »

4 Answers | Asked in DUI / DWI and Immigration Law for Maryland on
Q: I was pulled over and charged for DUI and reckless driving for the first time no accident no injury, why both charge ?

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... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Nov 21, 2021

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... Read more »

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1 Answer | Asked in DUI / DWI for Maryland on
Q: If your dui charge is beyond a year, can't be prosecuted? In the staye of Maryland correct ?
Scott Scherr
Scott Scherr
answered on Oct 13, 2021

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... Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: Is DWI in Maryland a criminal offense in addition to being a traffic violation?
Mark Oakley
Mark Oakley
answered on Aug 4, 2021

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... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Maryland on
Q: Maryland's Rule 4-271 and C.P. § 6-103(a) -- is there a District Court equivalent?
Mark Oakley
Mark Oakley
answered on Jun 24, 2021

No. Only applies to cases involving felonies within the jurisdiction of the circuit court, or for cases from District Court where the defendant is entitled to request a jury trial.

2 Answers | Asked in DUI / DWI for Maryland on
Q: Was pulled over after a call of dui. Was parking and hit the car in front of me trying to fit in the parking space. Cops

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... Read more »

Mark Oakley
Mark Oakley
answered on May 6, 2021

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... Read more »

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1 Answer | Asked in DUI / DWI for Maryland on
Q: I received a PBJ for a DWI back in 2019. The PBJ has been stricken as of April 2021 and I received points on my license.

I received 8 points on my license, is that enough to suspend my license and the violation was from 2 years ago so shouldn’t some of the points go away by now?

Mark Oakley
Mark Oakley
answered on Apr 20, 2021

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... Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: What is the statute of limitations for a dui in maryland?
Mark Oakley
Mark Oakley
answered on Dec 8, 2020

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.

1 Answer | Asked in DUI / DWI, Immigration Law and Tax Law for Maryland on
Q: Can I get a driver's license in Maryland as an illegal alien who has been in the US only for a year?

Hello everyone,

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... Read more »

Mark Oakley
Mark Oakley
answered on Oct 3, 2020

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... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Maryland on
Q: My brother was struck by a car and killed in Baltimore Maryland the officers won't tell us anything what can we do

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... Read more »

Mark Oakley
Mark Oakley
answered on Jul 3, 2020

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... Read more »

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2 Answers | Asked in DUI / DWI and Car Accidents for Maryland on
Q: My husband is being sued for 75k for an accident that he caused. Could I be sued? My name wasn't on the title of his car

My name wasn't on the title of his car. It was a DUI.

Eric Todd Kirk
Eric Todd Kirk
answered on Jan 10, 2020

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... Read more »

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1 Answer | Asked in DUI / DWI for Maryland on
Q: I got a DUI in Maryland and was given a PBJ but I have a CDL. Will I be assessed points on my license?
Mark Oakley
Mark Oakley
answered on Nov 10, 2019

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... Read more »

1 Answer | Asked in Traffic Tickets, DUI / DWI, Employment Law and Car Accidents for Maryland on
Q: What about the driver is drunk and also do a hit and run

Ok got into a accident and the other driver was drunk and did a hit and run

Also getting on the bus the mta driver had ear phones in his ear so he didn't follow the rules so i want to sue both of them

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

Contact a member of the Md. Assn for Justice. They give free consultations. Not clear if you were in a car, on the bus, or what, so I can't advise you further.

1 Answer | Asked in DUI / DWI for Maryland on
Q: If i had a dui and got probation before judgement will that affect public clearance
Mark Oakley
Mark Oakley
answered on Aug 23, 2019

“Public clearance” is not a term I recognize, but if you are referring to a government security clearance, the answer is not clear-cut. The pbj disposition and the charge description will show in a criminal background check, and although it is not a conviction or guilty finding, it remains... Read more »

2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: First offense. Arrested for DUI after accident. No paramedics, denied opportunity to speak to a lawyer entire time.

Hit a pole driving with a friend. Police showed up, pulled us from the car, and started administering FST right away. Blew breathalyzer and was arrested afterwards. Taken to station, blew breathalyzer there and blew .16. Released afterwards. No paramedics were called and asked for a lawyer from the... Read more »

Mark Oakley
Mark Oakley
answered on Jul 4, 2019

If by “beating the case” you mean winning at trial, there are not enough details in your description to give any definitive opinion, but the accident is more than enough probable cause for an officer to initiate a stop and a investigation, and then everything else flows from there as to... Read more »

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1 Answer | Asked in DUI / DWI for Maryland on
Q: I have a public defender for a DUI case I do not feel they are acting in my best interest can I get a postponement to c

They have had no contact with me since I qualified so I went in on my own volition can you find out what's going on could not get much information. I do not feel that they are acting in my best interest is there anyway I can get a postponement to change counsel and if so how do I do that

Mark Oakley
Mark Oakley
answered on Apr 6, 2019

If you can afford to retain a private lawyer, and make at least a substantial down payment on their fee, then the lawyer can request the postponement to allow more time to prepare the case. That will give you the time needed to pay the balance of the fee. You will need to call around to find a... Read more »

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