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Considering a Jury Trial to Fight a DUI in Maryland

jury trial for dui

Driving under the influence is a serious traffic offense that may lead to significant penalties, such as jail time and steep fines, and the possibility of taking a mandated DUI course and installing an ignition interlock device. People caught driving under the influence or driving while intoxicated (DWI) also face license suspension. A DUI charge will appear on a background check and could have lasting repercussions.

When you discuss your DUI or DWI with a Maryland DUI defense lawyer, you learn about your defense options. Your lawyer’s goal is to reduce the charge and/or penalties you face if you’re convicted. Ideally, your lawyer will successfully negotiate with the prosecutor to have your case dismissed. It may also be possible to plead guilty to a lesser offense to face less severe punishment.

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Often, DUI defendants in Maryland make these plea deals in exchange for a reduced sentence. Plea deals help defendants avoid trial, which can be expensive, time-consuming, and unpredictable. On the other hand, you do have the right to a trial for your DUI case.

Exercising Your Right to a Jury Trial in Maryland

It is your Constitutional right to request a jury trial. A jury trial is one in which 12 jurors, who are your peers in the community, hear the evidence for and against you and decide whether you are guilty or not guilty of the crime. DUI and DWI cases in Maryland start in the District Court for the county in which the offense took place. Your first trial date is held in the District Court. These courts do not accommodate juries. Rather, juries attend trials held in Maryland’s circuit courts.

You may elect a jury trial at your appearance in the District Court. You may “pray a jury trial,” meaning that you formally request for your case to move from the District to the Circuit Court system where you may appear before a jury. The right to a jury trial in Maryland depends on the severity of the alleged offense. If the offense may lead to a jail term of more than 90 days, you may request a jury trial.

Bench Trials and Jury Trials in Maryland

Once you appear in Circuit Court, you may decide whether to elect a bench or jury trial. A bench trial is a trial that is held before a judge. In a bench trial, the judge is the finder of fact. He or she plays the role of the jury and makes the final judgment. This may be advantageous in some cases. Overall, bench trials may be:

● Less time consuming,
● Less formal,
● Less complex, and
● More effective when presenting complex facts or legal concepts than jury trials in Maryland.

However, a jury trial may provide advantages when the facts of your case are in dispute. If your lawyer and the prosecution cannot agree, for example, on the circumstances surrounding your arrest, a jury trial may work in your favor.

Who sits on a jury in a Maryland DUI case?

In Maryland, jurors are selected at random from motor vehicle and voter rolls. Anyone who is registered to vote in the state, or anyone with a driver’s license or ID card who is at least 18 years of age, a United States citizen, a Maryland resident, and can read and write in English is eligible to serve on a jury.

The jurors on your case will come from the county in which the trial is held. Different counties may have different views and beliefs about law and order; some jurors may favor a “tough on crime” approach to criminal justice, while others might be more understanding of a defendant’s actions. Some jurors may personally have been impacted by a drunk driving accident or a relative struggling with alcohol abuse. All of these factors come into play when deciding whether or not you should take your DUI case to trial.

What happens if the jury cannot decide a defendant’s innocence or guilt unanimously?

If the jury cannot agree to whether a defendant is guilty of DUI or DWI, the case will result in a “hung jury.” This doesn’t mean the defendant is off the hook. Instead, the State of Maryland has the power to try the case as many times as necessary until the jury votes unanimously for or against a conviction.

Don’t Take Chances. Work with a Maryland DUI Attorney Today.

At The Law Office of Hillel Traub, our firm provides competent legal counsel for clients facing criminal traffic charges in Maryland. Attorney Hillel Traub has more than 20 years of experience fighting criminal traffic violations. As a former Assistant Attorney General for the MVA, he understands how they work to prevent you from exercising your driving privileges. You have the right to a quality defense after a DUI charge in Maryland; don’t hesitate to take action today.

Call (410) 220-6976 for a free consultation or complete our contact form. The sooner you work with a qualified attorney, the better the outcome of your case may be.

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How to Read & Understand Your Traffic Violation Notice

Receiving a traffic violation notice in Maryland can be stressful and confusing. Between legal jargon, violation codes, deadlines, and fines, it’s easy to feel overwhelmed. Many drivers make the mistake of either ignoring the notice or paying it without understanding the consequences—actions that can negatively impact their driving record, insurance rates, and even their license. Maryland traffic laws are particularly strict due to the Motor Vehicle Administration (MVA) point system and contributory negligence rules, which can affect your ability to recover in accidents or protect your driving privileges. This blog will walk you through how to read and understand your traffic violation notice, what each section means, and steps to protect yourself from long-term consequences. Anatomy of a Maryland Traffic Violation Notice Traffic violation notices (also called citations) contain several key components: Defendant Information Your full name, address, and driver’s license number Any errors here should be reported immediately, as incorrect info can affect the case Violation Code A reference to the specific Maryland law you allegedly violated (e.g., MD Transportation § 21-801 for speeding) Codes can be looked up online or through the MVA for details Description of Offense Explains the nature of the violation (e.g., speeding, failing to stop, reckless driving) Sometimes includes exact speed or location details Location & Date Where and when the violation occurred Important for memory recall and evidence (e.g., weather, road conditions) Fine Amount Base fine you owe if you choose to pay without contesting Additional fees may apply depending on court costs or late payment Points on Your License Maryland uses a point system where violations add points to your driving record Accumulating 8 points within 2 years can result in license suspension Response Options Pay the fine (plead guilty) Request a waiver hearing (for minor offenses) Request a trial or contest the ticket Common Mistakes Drivers Make Mistake 1: Paying Without Understanding Consequences Many drivers pay immediately thinking it’s the easiest option. In Maryland, paying the fine is considered a plea of guilty, which can: Add points to your record Affect insurance premiums Contribute to future license suspension Mistake 2: Ignoring the Ticket Failure to respond can escalate consequences: Automatic fines License suspension Warrants in some cases Mistake 3: Misreading the Violation Code Some codes may sound minor but carry heavier penalties. For example, MD Transportation § 21-904 for reckless driving carries higher fines and more points than minor speeding. Mistake 4: Underestimating the Insurance Impact Even a minor violation can increase premiums, especially if you have previous tickets or accidents. Insurance companies check your MVA driving record, not just court outcomes. Mistake 5: Overlooking the Option for Legal Defense Some violations can be contested successfully in court or reduced. Traffic lawyers can help identify errors in citation issuance, officer observations, or procedural mistakes. Understanding Points and Penalties Maryland points system tracks violations to monitor driver behavior. Key points include: Violation Points Consequence Speeding 10–29 mph over limit 3 Added to license record Speeding 30+ mph over limit 5 Added points, higher insurance risk Reckless driving 5 May affect eligibility for license renewal DUI 12 Immediate license suspension Driving without insurance 3–5 Fine + points Scenario Example: A driver receives a speeding ticket for 25 mph over the limit. Paying the fine immediately adds 3 points. If they later get a second speeding ticket within 2 years, their total could reach 6 points, bringing them dangerously close to suspension thresholds. Step-by-Step Guide to Responding to Your Ticket Verify Accuracy Check your name, address, license number, and vehicle info Note any discrepancies and report immediately Understand Your Options Pay the fine, request a waiver, or contest the ticket Consider long-term impact on points and insurance Assess Evidence and Documentation Gather any relevant evidence: dash cam footage, GPS logs, witness statements Document weather, road conditions, and traffic flow if applicable Consult a Traffic Attorney Especially for serious offenses, prior violations, or potential license suspension Attorneys can challenge improper citations or negotiate reduced penalties Respond Within the Deadline Typically 15–30 days from issuance Late response can lead to default judgments and increased penalties FAQs About Traffic Violation Notices Q1: Can I contest a ticket without going to court? A1: Yes, minor violations may be eligible for a waiver hearing, but serious violations require a trial. Q2: Will paying a ticket always increase my insurance rates? A2: Not always, but most insurers consider points and violations when calculating premiums. Multiple violations increase risk of higher rates. Q3: How long do points stay on my record in Maryland? A3: Typically, points stay for two years from the violation date. DUI-related points remain longer. Q4: Can I negotiate a ticket? A4: Yes, a traffic attorney can often negotiate reduced charges or alternative penalties like traffic school. Scenario-Based Engagement Prompt Imagine receiving a ticket for 15 mph over the limit on your way to work. You’re unsure whether to pay immediately, fight it, or request a waiver. Using the steps outlined above, you can: Evaluate the risk to your license points Determine insurance implications Collect any evidence to support your case Pro Tip: Keep a digital copy of all tickets and MVA correspondence for future reference. Long-Term Tips to Protect Your Driving Record Monitor Points Accumulation – Regularly check your driving record online Attend Defensive Driving Courses – Some points can be mitigated through approved courses Maintain Proper Insurance – Avoid penalties for lapses or incorrect coverage Stay Informed on Maryland Traffic Laws – Laws change; new violations may carry unexpected points Driving Forward: Next Steps After a Ticket Receiving a traffic violation notice can feel overwhelming, but understanding the details and knowing your options makes all the difference. By carefully reviewing your citation, tracking points, and evaluating the potential impact on your driving record and insurance, you can make informed decisions to protect yourself. At The Law Office of Hillel Traub, P.A., we help Maryland drivers navigate these situations with confidence—whether that means contesting a ticket, negotiating reduced penalties, or providing guidance on MVA procedures. Don’t let a single citation put your license or future at risk. Contact us today for a consultation and take the first step toward safeguarding your driving record.

What Is Jewish Law Arbitration and How Does It Work?

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What to Do Immediately After Being Pulled Over for DUI in Maryland

Being pulled over on suspicion of DUI in Maryland is a high-stress, high-stakes situation. Every action you take—or fail to take—can influence whether charges are reduced, dismissed, or lead to conviction. Drivers often panic, make incriminating statements, or consent to improper testing, which can have long-term consequences on their license, insurance, and criminal record. This blog provides a step-by-step guide on what to do immediately after a DUI stop, focusing on legal rights, practical actions, and strategies that can help protect your case. Step 1: Stay Calm and Composed Pull over safely and turn off the engine. Keep hands visible on the steering wheel. Avoid sudden movements that may alarm the officer. Take deep breaths—remaining calm can influence officer perception and reduce unnecessary escalation. Example: Drivers who argue or resist often face additional charges, such as obstruction or reckless driving, complicating their case. Step 2: Understand Your Rights Maryland law provides key protections during a traffic stop: Right to Remain Silent: You do not have to answer questions about alcohol or drug consumption. Polite non-incriminating responses are recommended. Right to Refuse Certain Tests: You can refuse a preliminary breath test (PBT) at the scene, but refusing an evidentiary chemical test (breath, blood, or urine) after arrest may trigger Administrative License Suspension. Right to Legal Representation: You may request an attorney before providing statements or consent to additional procedures after arrest. Step 3: Comply Without Self-Incrimination Follow officer instructions respectfully. Do not argue or admit guilt on the spot. Answer only basic questions (name, address, date of birth) unless instructed otherwise. Scenario Example: A driver who admitted to having “a couple of drinks” during a traffic stop saw that statement used against them in court. Keeping statements limited can prevent self-incrimination. Step 4: Observe and Document Note the time, location, weather, and road conditions. Pay attention to officer behavior and any irregularities. If possible, document dash cam footage or witness accounts. This information can be crucial if your attorney later challenges the stop, field sobriety tests, or chemical testing procedures. Step 5: Field Sobriety and Chemical Tests Maryland officers may administer field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus). Tests can be affected by fatigue, medical conditions, or environmental factors. Chemical tests (breath, blood, or urine) are subject to strict procedural and calibration requirements. Tip: Refusing a PBT may protect your case at the scene, but refusing an evidentiary test after arrest triggers ALS. Always consult a DUI attorney immediately if you are arrested. Step 6: After the Stop You may be released with a citation or arrested depending on evidence. Always keep a copy of all paperwork, including citation and notice of ALS (if applicable). Do not attempt to handle complex legal matters on your own; expert legal counsel is essential. FAQs Q1: Can I refuse a field sobriety test? A1: Yes, but refusal may be used as evidence of impairment in court. Always consult an attorney. Q2: How soon should I contact a DUI attorney? A2: Immediately. Early intervention can protect your license and evidence. Q3: Will police read me my rights at a DUI stop? A3: Officers must read your Miranda rights only if you are in custody and being interrogated. Knowing your rights beforehand helps protect you. Q4: What happens if I fail the breath test? A4: A high BAC triggers ALS, potential DUI charges, and insurance implications. Legal review is essential. Your First Moves Matter: Navigating a Maryland DUI Stop Being proactive immediately after a DUI stop can make a critical difference. At The Law Office of Hillel Traub, P.A., we guide Maryland drivers through the process, from the initial stop to administrative hearings and criminal defense. By understanding your rights, documenting details, and consulting expert legal counsel, you can protect your driving privileges, limit long-term consequences, and build a strong defense. Next Step: Don’t wait— contact us today to discuss your situation and ensure your rights are fully protected.