I recently represented a young man with a long history of drug and alcohol use with the associated court and MVA records.  He has been on the MVA’s ignition interlock program for nearly a year.  He received several violation notices alleging that he had breath readings indicating the presence of alcohol.  In the meantime he had moved to Pennsylvania and got a license there with an interlock restriction. 

Without going into the complex Maryland versus Pennsylvania licensing issues, we appeared at a MVA hearing to challenge the violations.  After a very well presented case, if I may say so myself, the ALJ agreed that he did not violate the program.  This essentially allows him to complete the Maryland program successfully and it should have no impact on his Pennsylvania status. 

Given the client’s long history of relapses and screw-ups, I was not too confident about our chances at MVA.  However, an open-minded ALJ and a few facts that went in our favor, and we were able to get the decision that we had hoped for. 

MVA hearings are not always the easiest places to prevail.  I am always dumbfounded by the number of drivers who show up at MVA hearings without a lawyer.  Even the most elementary hearing can have very complex legal issues and can have very harsh consequences for a driver’s license.  I strongly urge anyone facing a traffic court or MVA hearing to have a lawyer. 

Our office has decades of experience with the MVA and traffic or criminal courts.  We are able to guarantee results but, more often than not, my clients are happy they had someone with them to help them through the process.  Usually it is well worth it to have an experienced traffic and MVA lawyer.  If I can help with your traffic, criminal or MVA issue, please do not hesitate to call me at 410-580-1100.

I recently appeared before Judge Sue Ellen Hantman in Howard County District Court.  I find that she is usually willing to utter the words “Not Guilty” when given the opportunity to do so.  I was representing an 18 year-old otherwise clean-cut young man charged with doing 90 mph in a 60 mph zone. Because Judge Hantman’s PBJ’s can be a little “different” I took a chance on trying the case instead of asking for a PBJ on a plea. It was also the better course because he is on a provisional license and he would face MVA consequences even with a PBJ. 

The officer testified that the client’s car sped past him and that the officer had to do as much as 100 mph to catch up to him.  He testifies that he paced him for a bit and clocked him at 90 mph. 

I was able to trip him up on cross examination and persuaded the Judge o fond him Not Guilty of the traffic offense as charged; although she believed that he was certainly speeding. 

The client was thrilled and I was pleased that I chose to try the case and make the state prove their case which they did not do.

I find that often client expect me to work miracles and to do it cheap.  While l like to think of myself as a very competent and effective criminal defense, traffic and personal injury lawyer, I know that I sometimes have to temper a client’s expectations or give them a dose of reality.

I recently represented a young man on a provisional license.  He had two offenses n two different jurisdictions.  I quoted him a very fair fee since his mother was clearly not in a strong financial position.  I was successful in having the MVA hold-off suspending his license while I had the matters set in for trial.  After getting a PBJ in the first I was sitting n court with him awaiting trial on the second case and he informed me that he had recently been issues two more speeding tickets.  After getting almost convincing the Judge that a not guilty was in order based on the officer’s woeful testimony, I explained to the young man and his mother that there is only so much I can do.  I told them that there is only so much that I can do to help him keep his license.  He will likely be suspended by MVA if not for the two current offenses than for the two new ones that he has received.  Again, there is only so much even a good lawyer can do.

My client, a very nice and professional woman, walked into a bar in 2005, she ordered a drink and pulled out her credit card. The bar did not accept that card.  She had nothing else with which to pay the $7.00 tab.  She had only taken a sip and the bartender called the police.  She was charged with theft under 4100 and arrested.  She stayed in central booking for over 12 hours.  For some reason she missed her court date thinking it was taken care of by her lawyer. 

Fast forward to 2013 when she was pulled over by an officer who ran her tag and found the outstanding warrant.  She was surrounded by 5 police cars and again arrested and put in lock-up for 12 hours.  All this for a drink. 

Before going to trial, I spoke with the assigned Assistant State’s Attorney, and reviewed the merits and law of the case.  She agreed that it was probably not a good idea to proceed with the case.  She agreed to enter a Nol Prose or, dismissal of the charges. 

I appeared in court to insure that was what happened. We have filed our Petition for Expungement to have this removed from her court and police records. 

It took some time and inconvenience but, in the end she got the Dismissal of the potentially very serious charge for a drink that she never intended to steal in the first place. 

I was very happy to be able to help her.

I posted earlier about my victory in Baltimore County Traffic Court for a client who wanted to challenge a speeding ticket issued by a camera on the Baltimore Beltway. 

This morning’s newspaper carried a story of an attorney who appealed his case to the circuit court and, after a trial lasting several hours, had a judge rule that the contract between the county and the vendor was illegal. 

This adds another way to attack these revenue raising projects.  There are never enough tools available to defend a speeding and traffic citation.

In Baltimore County District Court (Essex) I today represented a person charged with a sped / accident violation and passing on the shoulder.  The officer did not witness the accident and could not offer any testimony.  The “victim” was summonsed and appeared and, told her side of the story.  I was confident that the Failure to Control  Speed to Avoid Accident would be thrown out since the State could not prove the necessary elements of the charge.  The more difficult task was getting the court to say “Not Guilty” on the illegal passing charge.

I was fairly certain the the evidence did not prove that my client did anything to allow the court to find him guilty.  However the court denied my request to throw the case out and at the end of the defense case did not find in our favor.

In the end, we got he PBJ on the only charge to stick and the fine was reduced.  All in all not a bad day defending traffic offenses in Baltimore.

I appeared yesterday before Judge Marsha Russell for a client charge with three count related to his leaving the scene of an accident.  The victim, who is a friend and professional colleague of my client, was there; as were three other work-related witnesses.  The victim was very friendly and cooperative. The other witnesess not so at all. 

My client is squeaky clean.  No previous record for anything.  He is an upper level employee at a local university.  I pushed for a Stet but, the State’s Attorney was only willing to offer a PBJ.  This was not a bad result considering the Defendant’s reason for his not realizing that he hit a car was due to his consumption of  items that were not compatible with each other or with driving. 

My client jumped at the opportunity to get the matter over with and, the reduced fine and PBJ, which we will move to expunge in six months, was a good outcome.

I long-time client asked me to represent him in a Speed Camera case in Baltimore County.  My fee was cut and I spent too much time for too little money.  However, after diving into this case and with the backdrop of the political and public uproar over the reliability of these charges, I was actually intrigued.  Long story short, I was pretty certain that I had found a hole in the procedures used by the operators of the system and, was able to have the Judge throw the case out based on a procedural misstep by the state. 

These cases raise many interesting legal and technical issues.  In the end, I was thankful that by client wanted to fight City Hall and, with my assistance, won his case. 

As a traffic and criminal lawyer in Baltimore, there is nothing more satisfying than hearing a Judge say “Not Guilty.” 

Hillel Traub

Client paid two of three tickets in order to get her car out of impound.  This resulted in “Guilty” entries on the court’s docket and her MVA record.  (See Blog post of last week).  The judge granted my motion for a new trial but the court didn’t (they say couldn’t) remove the “guilty” entry because the client paid the tickets on-line.  This keeps the entry on her record at MVA as well.  This in turn stands to get in the way of her getting a full-time job after nearly three and one-half years of being unemployed.

Therefore, today I went back to court to ask the Judge to sign an amended Order lifting the Guilty entry from her court record and, hopefully the MVA record.

You can be sure that I will in future tell clients to not pay on-line if they want to have the guilty removed with a motion for a new trial.

Today I appeared in Baltimore City District Court representing a client accused of a traffic offense associated with a car accident.  The officer and victim both appeared.  My client had a good driving record and we took a chance at a “Not Guilty” by having a trial on the traffic offense.  I have found that even with what appears to be a sure loser you never know what comes up in testimony that can swing a Judge to say “Not Guilty.”  That wasn’t the case today but, we ended up with a PBJ and, the client was happy.  If you don’t try to give the Judge a chance to rule in your favor, s/he certainly won’t.

As a criminal and traffic lawyer in Baltimore, Maryland it is important to know when to fold and when to take a chance at trial.