Posted on September 01, 2023 in DUI

Drunk driving continues to be a major concern for Maryland’s police force and elected officials. The National Highway Traffic Safety Administration reports that Maryland had 177 alcohol-related traffic deaths in 2010, which was nearly 36 percent of all traffic fatalities, as well as an increase from 2009. In repose to these statistics, Maryland lawmakers passed the 2011 Drunk Driving Reduction Act, which took effect on October 1, 2011.

2011 Drunk Driving Reduction Act

One major change implemented by the DDRA is an expansion of the state’s ignition interlock program. The Baltimore Sun Reports that the interlock program has increased from 5,500 participants in 2008 and 7,900 in 2009 to nearly 9,100 estimated participants in 2011. The program is expected to continue its growth as more judges begin to trust its effectiveness and as the legislature makes the penalty available for more offenses.

The old law primarily imposed ignition interlock controls when someone convicted of a DUI submitted to a breath test and blew 0.15 or higher, refused a breath test, or was convicted on at least their second DUI charge. According to the Baltimore Sun, however, the new DDRA will require drivers to enroll in the interlock program if:

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 Posted on August 22, 2023 in Drug Crimes

Popular Science recently examined the science behind marijuana decriminalization efforts across the country.

In November 2014, the states of Alaska and Oregon, along with the District of Columbia, voted to legalize the recreational use of marijuana. This came two years after Colorado and Washington broke ground by being the first states to approve these measures, and more states across the country appear to be moving toward similar efforts.

Although the legalization of recreational marijuana is relatively new in the U.S., many states and local governments nationwide have decriminalized the possession of small amounts of the drug. These measures, endorsed by organizations like the American Academy of Pediatrics, aim to reduce the number of people incarcerated for marijuana possession and allow law enforcement officers to focus on more serious crimes. Generally, these states still have steep penalties for those convicted of selling and distributing the drug.

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 Posted on July 14, 2023 in Violent Crimes

In a decision that could have wide-reaching impact on the gun laws of many states, a federal judge declared Maryland’s law governing handgun permits unconstitutional. Officials in Maryland are planning on appealing the decision, but some state lawmakers are already trying to amend the law to eliminate the portion that the court found unconstitutional. The ruling illustrates some of the complex legal issues that arise in the interaction between state and federal laws.

Judicial Review

The law came under scrutiny when a Maryland resident sued the state police superintendent and members of the Handgun Permit Review Board after they denied his application for a renewal for his permit to carry a handgun in 2009. The man had initially received his permit in 2002 and renewed it in 2006. When he applied for renewal in 2009, the Board stated that the man had "not demonstrated a good and substantial reason to wear, carry or transport a handgun as a reasonable precaution against apprehended danger in the state of Maryland," as the law requires.

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 Posted on May 20, 2023 in Drug Crimes

A 34 year old man from Baltimore, Maryland, was recently sentenced to 10 years in prison on federal drug conspiracy charges. According to a news release from U.S. Immigration and Customs Enforcement, or ICE, the man was charged with conspiring to distribute methamphetamine.

Law enforcement officers tracked the man’s vehicle as he allegedly crossed state lines to obtain narcotics, and he was stopped by Maryland State Police upon re-entering the state. After a drug-sniffing police dog alerted to the presence of drugs in the vehicle, the officers conducted a vehicle search and discovered almost 113 grams of methamphetamine inside. The man has been sentenced to 10 years in prison with five years of supervised release as part of a plea agreement.

This case provides an illustration of a number of important legal issues, including conspiracy, vehicle searches and federal drug crimes.

Conspiracy

Conspiracy occurs when two or more people agree to commit a crime and take steps toward completing that crime. A person can be convicted of conspiracy even if the crime itself is never actually completed. Furthermore, for many offenses including federal drug trafficking, a person convicted of conspiracy can face the same penalties as though he or she were convicted of the underlying offense.

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 Posted on April 08, 2023 in DUI

Maryland Judges Trim 12 Years From Sentence in Fatal DWI Crash

A panel of judges in Montgomery County, Maryland, recently cut 12 years off the prison sentence of a 21-year-old man who was convicted of vehicular manslaughter charges stemming from a drunk driving crash in which three passengers were killed. The three-judge panel reduced the man’s sentence from 20 years to eight years, finding that he had been improperly held responsible for a much broader culture of reckless conduct and underage drinking, the Washington Post reported.

The charges arose from a crash that occurred in the early morning hours of May 15, 2011 as the man drove four friends home from a night of drinking. After crashing the car into a tree, the driver left the scene of the accident and was later apprehended by police, according to the Washington Post.

According to news reports, all three of the passengers who died were also intoxicated at the time of the crash - a factor that may have played a part in the sentencing. The driver was charged with three counts of vehicular manslaughter and one count of leaving the scene of a potentially fatal crash. According the Washington Post, the driver’s lawyer told the review panel that a surviving passenger had heard the driver yell "Everybody run!" after the crash, suggesting that he did not understand the gravity of what had occurred.

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