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Can You Get a Ticket or Charges for Tailgating Another Driver?

Following the vehicle in front of you too closely is not only dangerous, but it could also land you with a ticket, cause you to face higher insurance rates, or even cause you to incur a reckless driving charge. With over 30 years of experience, The Law Office of Hillel Traub has helped hundreds of drivers across Maryland navigate various traffic violations. If you find you were charged with tailgating another vehicle, we may be able to help. As a former lawyer for the MVA, Attorney Hillel Traub has what it takes to assist you in addressing the charges and minimizing the impact on your driving record. Table of Contents What Is Tailgating? Legal Consequences of Tailgating Traffic Tickets Point Accumulation Reckless Driving Charges Civil Liability How We Can Help If You Are Facing Consequences for Tailgating Are You Facing Penalties for Tailgating in Maryland? Reach Out Today What Is Tailgating? Tailgating occurs when a driver follows another vehicle at a distance that is too close for safe stopping. This action can result from impatience, aggressive driving, or simply not paying attention to the road. Regardless of the reason, tailgating is risky and can lead to serious accidents. When you tailgate, you reduce the time you have to react to sudden changes in traffic, such as a vehicle braking unexpectedly. This increases the likelihood of a rear-end collision, which can cause significant injuries and damage. The consequences of such accidents can be severe, affecting not only the drivers involved but also passengers and pedestrians. Legal Consequences of Tailgating Tailgating can lead to significant legal troubles for drivers in Maryland, including: Traffic Tickets Tailgating is considered a traffic violation in Maryland. You could receive a citation if a law enforcement officer observes you following another vehicle too closely. Point Accumulation In Maryland, traffic violations can result in points being added to your driving record. For tailgating, you may receive two points for the infraction. Accumulating too many points can lead to increased insurance premiums and, in severe cases, the suspension of your driver’s license. Reckless Driving Charges In some instances, tailgating can escalate into reckless driving charges. If your behavior is deemed aggressive or dangerous, you could face harsher penalties, including fines and possible jail time. Reckless driving is a serious offense in Maryland and carries significant consequences. Civil Liability You may be liable for damages if tailgating results in an accident. This includes property damage and medical expenses for other parties involved. Being found at fault in an accident can have lasting financial implications and may require you to pay out of pocket for damages. How We Can Help If You Are Facing Consequences for Tailgating If you are facing legal consequences for tailgating, Attorney Hillel Traub will begin by assessing the details of your case and examining the circumstances surrounding the incident. This includes reviewing any evidence, such as police reports or witness statements. From there, Attorney Traub will help you understand the potential legal ramifications you might face, whether it is fines, points on your driving record, or even more severe consequences if an accident occurred. His goal is to help you minimize the impact of the charges against you. He may negotiate on your behalf to seek reduced penalties or alternative solutions, such as traffic school. Are You Facing Penalties for Tailgating in Maryland? Reach Out Today Tailgating can lead to serious legal consequences in Maryland, but you don’t have to face them alone. The Law Office of Hillel Traub understands how overwhelming it can be to navigate traffic violations and the potential penalties they carry. With over 30 years of experience, including as a former lawyer for the MVA, Attorney Traub can help you reduce fines, minimize points on your license, or negotiate alternatives to harsher penalties. If you’ve been charged with tailgating or other traffic violations, Attorney Traub will take the time to review your case thoroughly. Contact our office today at (410) 220-6976 or by filling out our contact form.

alcoholism

Can You Get a DUI After One Drink?

After a single drink, you might think you’re perfectly fine to drive. However, depending on several factors, even a small amount of alcohol could lead to a DUI charge. From the type of drink to your body composition, many variables are there are a lot of variables at play. In Maryland, the law doesn’t just look at how much you’ve had to drink – it also considers how it affects your driving. While one drink might not always lead to a DUI charge, Maryland’s strict DUI laws focus on impairment rather than quantity. Even a small amount of alcohol can affect judgment and reflexes. With over 30 years of experience, Attorney Hillel Traub has helped clients navigate Maryland’s complex DUI laws, offering dedicated representation tailored to each case. Table of Contents What to Know About DUIs in Maryland DUI vs. DWI Can One Drink Put You Over the Limit? Your Weight and Gender Type of Drink Time Between Drinks Food Intake Factors That Influence Whether You Will Be Arrested After One Drink Contact Attorney Hillel Traub for Help With DUI or DWI Charges in Maryland What to Know About DUIs in Maryland In Maryland, a DUI refers to driving with a blood alcohol concentration (BAC) of 0.08% or higher. This is the legal limit for most adult drivers. However, a DUI charge does not always require reaching that 0.08% threshold. Even if your BAC is lower, you can still be arrested and charged with impaired driving if an officer believes your ability to drive is compromised. DUI vs. DWI There are two primary types of charges related to alcohol and driving in Maryland: DUI (Driving Under the Influence): This charge applies when your BAC is 0.08% or higher or if you are impaired by alcohol to the point where it affects your ability to drive safely. DWI (Driving While Impaired): This charge is for drivers with a BAC between 0.04% and 0.07% or who are showing signs of impairment but haven’t reached the legal DUI threshold. The penalties for each type of drinking and driving charge can vary significantly depending on the circumstances of your specific situation. Can One Drink Put You Over the Limit? The answer to whether one drink can lead to a DUI depends on several factors, such as: Your Weight and Gender The more you weigh, the more water is in your body, which helps dilute alcohol. Lighter individuals typically experience a higher BAC after the same amount of alcohol. Women often experience a higher BAC than men after consuming the same amount of alcohol, even when weight is factored in. This is due to differences in body composition, including a higher percentage of body fat and lower water content in women. Type of Drink A “standard drink” typically contains about 0.6 ounces of pure alcohol. This is roughly equivalent to: 12 ounces of beer (5% alcohol) 5 ounces of wine (12% alcohol) 1.5 ounces of distilled spirits (40% alcohol, such as vodka or whiskey) If you have one drink and your BAC exceeds 0.08%, you could be charged with a DUI. Time Between Drinks Your BAC rises and falls depending on how quickly your body metabolizes alcohol. If you drink one beverage over an extended period, your body may have time to process it. However, if you consume the drink quickly, your BAC may peak before your body has a chance to process the alcohol, putting you at risk for impairment. Food Intake Drinking on an empty stomach can increase your BAC. Food in your stomach can slow the absorption of alcohol into your bloodstream, which may lower your BAC and reduce the likelihood of impairment. Factors That Influence Whether You Will Be Arrested After One Drink Even if your BAC does not exceed the legal limit, you can still be arrested for a DUI or DWI in Maryland if an officer believes your ability to drive is impaired. Officers are trained to look for certain signs of impairment, which include: Erratic driving: Swerving, speeding, or sudden braking can all signal that a driver may be under the influence. Physical signs of intoxication: Red or bloodshot eyes, slurred speech, or the smell of alcohol can lead an officer to suspect impairment, even if your BAC is under 0.08%. Field sobriety tests: Officers may ask you to perform roadside sobriety tests, such as walking in a straight line or balancing on one foot. If you fail these tests, you could be arrested for DUI, regardless of your BAC. If you have had one drink and are pulled over, remain calm and provide your driver’s license, registration, and insurance as requested. You have the right to refuse to answer questions about where you have been or what you have been drinking, though this may raise suspicion. Contact Attorney Hillel Traub for Help With DUI or DWI Charges in Maryland Facing a DUI charge, even after just one drink, can be overwhelming and confusing. At the Law Office of Hillel Traub, we understand the complexities of Maryland’s DUI and DWI laws and the significant impact these charges can have on your life. With over 30 years of legal experience, Attorney Hillel Traub has helped countless drivers defend against DUI allegations and minimize potential consequences. As a former lawyer for the MVA, Attorney Traub brings a unique perspective to DUI cases, offering tailored legal strategies to address each client’s unique circumstances. If you are facing DUI or DWI charges, let us help you protect your rights and pursue the best possible outcome. Call us at (410) 220-6976 or visit our contact form to get started today.

Can You Get a CDL License After Your License Has Been Downgraded?

Securing a Class B CDL marks an impressive starting point in the trucking industry, but obtaining a Class A commercial driver’s license (CDL) can elevate your career even further. But what exactly sets these two apart? A Class B CDL qualifies you to drive single vehicles such as delivery trucks, dump trucks, buses, and cement mixers. On the other hand, acquiring a Class A CDL authorizes you to handle combinations of vehicles, including tractor-trailers, flatbeds, livestock carriers, and various truck and trailer combinations. Transitioning from a Class B to a Class A license broadens your employment prospects. As a Class A CDL holder, you are eligible to operate all vehicles that a Class B license covers, plus more complex combinations, typically resulting in higher compensation. This upgrade promises increased income and ensures more consistent employment and a more comprehensive range of job options. You may upgrade your CDL license anytime upon completing appropriate skills tests and compliance with MVA requirements. Table of Contents Differences Between CDL Class A, B, and C Licenses How to Upgrade Your Commercial Driver’s License in Maryland Speak With a CDL Violations Lawyer at The Law Office of Hillel Traub Differences Between CDL Class A, B, and C Licenses Here is an overview of the CDL classifications in Maryland: Class A: This classification is for vehicles with a Gross Combination Weight Rating of over 26,001 lbs and the capacity to tow vehicles over 10,000 pounds. With a Class A license, you are authorized to drive large vehicles like 18-wheelers and have the flexibility to operate any vehicle in the lower classes. Class B: Classification for vehicles with a Gross Vehicle Weight Rating of over 26,001 pounds or more but with a towing capacity of less than 10,000 pounds. Class C: This class includes vehicles with a GVWR of less than 26,001 pounds made to haul 16 or more passengers, including the driver. This class requires the driver to have an endorsement. According to 49 CFR 383.5, a “CDL downgrade” involves revoking commercial driving privileges. The regulation mandates that Maryland must finalize and document this downgrade within 60 days of being notified. There are two reasons why a CDL license may be downgraded in Maryland. The first is based on the fundamental and crucial safety principle that states drivers may be legally barred from operating a commercial vehicle due to drug or alcohol misuse or refusal to undergo testing and should not possess a valid Commercial Driver’s License (CDL). Additionally, when a driver is no longer medically qualified to operate a commercial vehicle, or if they choose not to be examined for such qualification, drivers must immediately visit a Maryland Motor Vehicle Administration (MVA) office to downgrade their non-commercial license. This process can also be initiated if a driver no longer needs a CDL’s commercial driving privileges. Attorney Hillel Traub was a former lawyer for the MVA and possesses specialized knowledge regarding CDL licensing requirements. If you have been charged with a CDL-related DUI or moving violation that may impact your driving privileges, contact us right away for an assessment of your case. How to Upgrade Your Commercial Driver’s License in Maryland You must first acquire a Maryland commercial learner’s permit. The process involves a vision screening and one or more knowledge tests. After obtaining your commercial learner’s permit, you must keep it for a minimum of 14 days. During this period, adhere to the following restrictions and requirements: A supervising driver who is at least 21 years old must be present. This driver should have possessed a valid CDL of the same or higher class for at least three years. They must have a Medical Examiner’s Certificate (DOT card) or its photocopy, an exemption/waiver if needed, and occupy the front seat without other front seat occupants. Always carry your DOT card (or its photocopy) and any applicable exemption or waiver. If your permit has a CDL Intrastate Only (K) restriction, you are limited to driving within Maryland. The next phase involves scheduling a skills test at an MVA full-service branch office. On your test day, bring the following: A suitable vehicle with valid registration. Your Maryland commercial learner’s permit and current CDL. Your Medical Examiner’s Certificate (DOT card), copy, and any waiver or exemption. A supervising driver if you are driving to the office. Glasses or contact lenses if required. TSA assessment letter for hazardous materials (H) endorsement, including the hazmat law test if not previously completed. At the office, you will first undergo the skills tests. Upon passing, an agent will: Collect your learner’s permit and current CDL. Take your photo (see MVA photo guidelines). Review your documents. Confirm your eligibility. Sign the application. After completing these steps, the agent will issue your new upgraded CDL. Speak With a CDL Violations Lawyer at The Law Office of Hillel Traub CDL licensing requirements are complex and may be impacted if you have been charged with a DUI or moving violation. At The Law Office of Hillel Traub, we have over 30 years of experience guiding CDL drivers through the legal process and protecting their livelihoods. As a former lawyer for the MVA, attorney Hillel Traub is here to help you understand Maryland’s licensing requirements and regulations. For a free consultation, call us today at (410) 220-6976 or fill out a contact form.

Collision

Can You Fight a Ticket for Reckless Driving in Maryland?

You can fight a ticket for reckless driving in Maryland. However, you may want to seek legal counsel first. It is possible to fight the ticket on your own, but that could result in a worse outcome than simply paying it. Your best course of action is to discuss your case with a traffic violations attorney before taking action. A traffic violations attorney from The Law Office of Hillel Traub can help you fight reckless driving charges by collecting evidence and building a strong defense. We are here to protect your rights every step of the way. Table of Contents How Do You Fight a Ticket for Reckless Driving in Maryland? What is Reckless Driving? What Are the Penalties for Reckless Driving in Maryland? Should I Fight the Ticket or Just Pay It? Get Help From a Traffic Violations Attorney How Do You Fight a Ticket for Reckless Driving in Maryland? To effectively fight a ticket for reckless driving in Maryland, you and your lawyer will first gather all relevant evidence pertaining to your case. This could include photographs, witness statements, and any other documentation that can support your claim that you were not driving recklessly. We will also provide invaluable guidance on legal procedures and potential defenses you might employ in court. Once the evidence is prepared, the next step is to file a not guilty plea. This action will set the stage for your court appearance, where you and your lawyer can present your case against the charges. You must be well-prepared, as the judge will consider both your evidence and the prosecution’s arguments. Our competent traffic violations attorneys can help you structure your defense and present your case effectively, increasing your chances of a favorable outcome. What is Reckless Driving? Reckless driving in Maryland is defined as operating a vehicle in a manner that demonstrates a willful disregard for the safety of persons or property. This definition encompasses a variety of behaviors, including excessive speeding, aggressive lane changes, and tailgating. The law aims to distinguish between ordinary traffic violations and actions that pose a significant risk to public safety. In Maryland, the specifics of what constitutes reckless driving can vary based on the circumstances of each incident. Factors such as weather conditions, traffic density, and the actions of other drivers can all play a role. What Are the Penalties for Reckless Driving in Maryland? The penalties for reckless driving in Maryland can be quite severe. If convicted, you may face substantial fines, points on your driving record, and even potential jail time in extreme cases. Specifically, reckless driving is classified as a misdemeanor, which can lead to fines of up to $1,000 and up to a year of imprisonment. Accumulating points on your driving record can result in increased insurance premiums and the possibility of a suspended license. The long-term consequences of a reckless driving conviction can impact various aspects of your life, including employment opportunities and personal insurance rates. That’s why working with a traffic violations attorney can not only provide you with a clearer understanding of potential outcomes but can also help you navigate the complexities of the legal system to secure the best possible result. Should I Fight the Ticket or Just Pay It? Paying the ticket is often the simplest option, but it may lead to significant consequences, including fines and points on your driving record. On the other hand, contesting the ticket may require time and effort, but it could lead to a more favorable outcome if you have a strong defense. Evaluating the potential penalties and how they might affect your future is crucial in making this decision. Consider your driving history and the possible implications of a reckless driving conviction. If you have a clean record, fighting the ticket might be worth the effort to maintain that status. Conversely, if you have previous violations, the stakes may be higher, and seeking the advice of a traffic violations attorney can provide clarity on the best course of action. Weighing the pros and cons of each option will guide you in making an informed decision that aligns with your best interests. Get Help From a Traffic Violations Attorney Before you start fighting your reckless driving ticket, discuss your case with our traffic violations attorney at The Law Office of Hillel Traub. We can help you determine the best course of action and help you take the next steps. Having strong legal representation is one of the most important determining factors in how your case will go. Call The Law Office of Hillel Traub today at (410) 220-6976 or use our contact form.

maryland-speed-limit-laws

Can You Ever Drive Above the Speed Limit in Maryland?

Speeding is the most common traffic violation committed even by the most experienced drivers. Most motorists who’ve been pulled over for speeding assume they’re at fault and pay the fine. But what if they had a valid reason for speeding? Perhaps they had to do so for safety reasons or there was a medical emergency. Or maybe they just assumed that driving a few miles over the speed limit on the highway wasn’t actually against the law. It’s important to understand Maryland’s specific laws, as rules vary from state to state. Here’s everything you need to know. Table of Contents Understanding Maryland’s Speeding Laws How Can You Fight an “Absolute” Speeding Ticket in Maryland? Contact an Experienced Traffic Attorney in Baltimore After a Traffic Offense Understanding Maryland’s Speeding Laws Throughout the country, there are three different types of speed limits that can be enforced: absolute, presumed, and basic. Maryland enforces two of the three (basic and absolute). Here’s what you need to know: Absolute speeding law: There’s no trick to how these limits work: If the sign says the maximum speed limit is 40 miles per hour and you drive 41 miles per hour or more, you’ve violated the law. Basic speeding law: Basic speed laws state that no person can drive a vehicle at a speed greater than is reasonable, regardless of the posted speed limit. What a safe speed is will depend on the circumstances. For instance, 55 miles per hour might be safe on a bright, sunny day. But if it’s dark and the road is icy, going 55 miles per hour could be dangerous and a violation of the basic speeding law. In other words, in the state of Maryland, even going one mile over the posted speed limit is against the law, no matter the circumstances. Likewise, amid dangerous conditions, you can also be charged for speeding if you’re going too fast, even if it’s slower than the posted speed limit. How Can You Fight an “Absolute” Speeding Ticket in Maryland? The absolute speeding law in Maryland is often difficult to contest. However, there are a few defenses that you and your attorney should consider. Here are a few: Arguing the accuracy of the officer’s speed measurement: You can cast doubt on the police officer’s speed measurement or estimate if you can present enough evidence. For example, you can argue that the officer mistook your car for another car or their LIDAR reading wasn’t reliable because the device wasn’t properly calibrated. Mistaken identity: If a police officer clocks a driver speeding and subsequently has to find them again in traffic, it’s possible they made a mistake and pulled the wrong car over. Emergency situation: A driver may claim that an emergency caused them to break the speed limit in order to prevent injury or damage to themselves and others. This includes if the actions of the police forced you to speed, if you were being coerced, or if you were trapped. Securing the help of an expert speeding ticket attorney in Maryland is the first step to a successful defense. Contact an Experienced Traffic Attorney in Baltimore After a Traffic Offense If you’ve been cited for speeding or another serious traffic violation in Maryland, discuss your case with The Law Office of Hillel Traub. Attorney Hillel has extensive experience working with people who are accused of traffic violations and has previously worked as an Assistant Attorney General for the Maryland MVA. With his unique insight into the agency’s operations, he can make a strong case for you that may help you avoid the worst penalties of a traffic conviction. Hillel has a proven track record of eliminating or reducing fines and penalties associated with traffic tickets, citations, and other violations. Our legal team is here to fight for your rights. To discuss your traffic ticket for free, call (410) 220-6976 today or complete our contact form.

dispute-speed-camera-ticket

Can You Dispute a Speed Camera Ticket in Maryland?

Speed cameras have become more common across the country in recent years. More specifically, officials place them in high-traffic areas, school zones, and dangerous intersections. With any piece of technology, there may be errors. If you believe you weren’t speeding, you may wonder if you’re able to dispute the ticket. The good news is that you can dispute speed camera tickets. However, this is very challenging to do, which is why you may want to hire a traffic violation attorney to assist you. Table of Contents What Are Speed Cameras? Pros of Speed Cameras Cons of Speed Cameras Why Should I Dispute the Citation? How to Dispute a Photo-Enforced Speeding Ticket in Maryland Contact a Skilled Traffic Violation Attorney in Maryland What Are Speed Cameras? Speed cameras can detect vehicles’ speed through radar technology or detectors built into the roadway’s surface. If a vehicle’s speed is at least 12 miles over the speed limit, a photo is taken, stored, and a ticket is sent to the driver’s house. Since their introduction, a debate has raged whether speed cameras help with driver and pedestrian safety. There are some pros and cons of using speed cameras. Pros of Speed Cameras There are many pros to speed cameras. It’s hard to deny that just the knowledge of speed cameras in the area will convince a driver to slow down. Speed cameras also reduce the possibility of a driver accusing law enforcement of pulling them over without probable cause. Cons of Speed Cameras Those who oppose speed cameras argue that the knowledge of speed cameras in an area encourages drivers to drive below the speed limit, causing a safety hazard. Also, it’s a constitutional right for a person accused of a crime to face their accuser. But with speed cameras, there is no human to confront. Why Should I Dispute the Citation? In any case, you have the legal right to request a court hearing. Besides wanting to prove your innocence, there are many other reasons to dispute the ticket: There may have been a camera error. You were not the person driving the car. Other cars were in the image, and the camera flagged you by accident. Speed limit signs were obstructed. You didn’t receive the ticket in a timely manner. Proving a defense will be challenging, so you must have proper documentation or photographs to help your case. How to Dispute a Photo-Enforced Speeding Ticket in Maryland Maryland drivers have three options when disputing a photo speed ticket: pay the fine, plead guilty with an explanation, or request a trial. Speeding camera ticket fines are $40, but paying the fine is an admission of guilt. You won’t get points on your license because it is a civil citation. Fortunately, insurance providers are not usually notified of speed camera tickets. A waiver hearing usually ends with you still paying the fine, but you may be able to convince the judge to reduce the amount. However, you’ll still be guilty of the offense. Requesting a trial is the only way you can plead “not guilty.” To do this, your attorney will have to prove that you’re not guilty beyond a reasonable doubt and cast doubt on the state’s case against you. If you want to avoid a negative mark on your driving record, your best bet is to contact a knowledgeable traffic violation attorney who will fight for you during a trial. Contact a Skilled Traffic Violation Attorney in Maryland If you received a speed camera ticket, you have a right to fight the citation. For your case to be successful, though, you need an attorney on your side. Attorney Hillel Traub is Maryland’s top choice for fighting traffic violations. As a former Assistant Attorney General for the Maryland Motor Vehicle Administration, Attorney Traub thoroughly understands the agency’s workings and knows how to create a viable defense. For more than 20 years, he has helped Maryland residents fight their traffic violations, and he’ll do the same for you. Call (410) 220-6976 or complete a contact form to schedule a free consultation.

baltimore distracted driving accident lawyer

Can You Check Your Phone at a Red Light in Maryland?

Distracted driving contributes to thousands of deaths nationwide annually. In Maryland, many car crashes which result in serious injuries and fatalities happen because people take their attention away from the road — a mistake that can turn serious in an instant. Whether you grab a bite or text behind the wheel, breaking laws that aim to curb distracted driving can lead to financial and other penalties. The State of Maryland passed a law preventing people from driving with a handheld device. Any driver who is caught texting or reading texts or emails on their device while operating in the travel portion of the road can be issued a $70 fine and 1 point against their license. Does this mean that you can still incur a fine when you’re stopped at a traffic light? Table of Contents Understanding Distracted Driving Laws What are Maryland’s Distracted Driving Laws? Overview of Distracted Driving Laws in Maryland It Pays to Fight a Distracted Driving Ticket Choose Hillel Traub to Fight Your Traffic Ticket in Baltimore and Surrounding Areas Texting and driving laws vary across all states. Maryland, Washington D.C. and Virginia have similar distracted driving laws, which cover texting and other types of distractions. In Maryland, anyone who is caught texting while their car is in Drive, whether they’re in motion or stopped at a red light, may receive a citation and a fine. Understanding Distracted Driving Laws There are many types of distractions that can lead you astray from driving safely. According to the Maryland Motor Vehicle Administration, driving distractions fall into four categories: Visual – looking at something other than the road Auditory – hearing something not related to driving Manual – manipulating something other than the wheel Cognitive – thinking about something other than driving Some of the most common behaviors that divert drivers’ attention from the road are: Texting Using a smartphone Eating and drinking Grooming Looking at maps or GPS systems Changing radio stations or CDs/MP3 players Talking to passengers Talking on a cell phone Smoking There are more than 120,000 car crashes per year in Maryland, and it’s likely that almost all of them could have been prevented by drivers paying more attention to their surroundings. Texting and driving is a primary offense meaning police in Maryland can pull you over if they see you on your phone and witness no other violation. What are Maryland’s Distracted Driving Laws? Police officers in Maryland have the authority to stop any driver who is caught using a handheld phone to do anything other than turn it on or off or to call emergency personnel. Drivers may also use their handheld cellular phones to initiate or terminate wireless calls. Drivers may make wireless or hands-free calls unless they’re younger than 18 years old. Overview of Distracted Driving Laws in Maryland Is texting and driving permitted in Maryland? No. Can you send or receive messages at a red light in Maryland? No. Can drivers use handheld devices? No. Can drivers use hands-free devices? Yes. Are there restrictions for young drivers using hands-free devices? Yes. Can drivers use headphones or headsets while driving in Maryland? No. It Pays to Fight a Distracted Driving Ticket Distracted driving might not seem like a serious violation, but depending on what specific traffic law you broke and how many prior violations you have, a citation for distracted driving may lead to undesirable penalties. If you’re stopped for texting while driving and no crash occurred, you could face a fine of $70 and 1 point against your license. If texting contributes to a crash, that fine may increase to $110 and you may incur 3 points against your license. Drivers license points add up and can ultimately lead to a license suspension, which is why it usually pays off to fight a distracted driving ticket as soon as possible. Choose Hillel Traub to Fight Your Traffic Ticket in Baltimore and Surrounding Areas The Law Office of Hillel Traub serves residents of Baltimore and surrounding areas by providing competent traffic defense with personal attention to each case. Attorney Hillel Traub has more than 20 years of experience in challenging citations and allegations of criminal wrongdoing. He has worked as a former Assistant Attorney General for the Maryland Motor Vehicle Administration. Find out how he can help you overcome your charges by calling (410) 220-6976 for a free consultation or complete our contact form.

Can You Challenge the Accuracy of a Radar Gun in Maryland?

There’s nothing quite as intimidating as seeing police lights in your rearview mirror. If you get pulled over for allegedly speeding, you may come away from an encounter with the cops facing a speeding ticket. While you can challenge these tickets in court, it can be difficult to know what arguments you can make in your own favor. The good news is that a police officer’s radar gun isn’t always as accurate as officers think they are. As such, you can request that a police officer assess the functionality of their radar gun after you’ve been charged with speeding. Table of Contents Radar Guns Can Inaccurately Represent Your Speed How to Challenge a Speeding Ticket in Maryland Demanding a Calibration Certificate Referring to Relevant Weather Records Talk to Our Maryland Traffic Violation Attorney About Your Speeding Ticket Today Radar Guns Can Inaccurately Represent Your Speed Radar guns are not infallible devices. They can fall victim to the effects of the weather and even mechanical malfunctions. If something goes amiss with a police officer’s radar gun, a record of your car’s speed may be inaccurate—and your speeding ticket may be unwarranted. More specifically, radar guns assess your speed by using radio waves to measure the distance between the gun itself and your car. The radar can then perform the necessary equations to estimate your car’s speed. If the radar gun hasn’t been appropriately calibrated or if something gets in the way of those radio waves, the gun’s reading can be inaccurate. Some police officers may not even understand how to use their radar guns. If this is the case, then you may have the grounds to blame a false speed reading on a police officer’s user error. How to Challenge a Speeding Ticket in Maryland Maryland is somewhat generous with the consequences it assigns to speeding tickets. In most cases, first-time offenders may have to pay a fine but will not face jail time. If you’re not able to pay the fine associated with a speeding ticket,  You can request a payment plan. However, you can challenge a speeding charge if one is brought against you. The sooner you can get this charge off of your record, the happier your insurance company is going to be. You can specifically challenge these charges by: Demanding a Calibration Certificate Over time, a radar gun can begin to suffer the same wear and tear as any other well-loved tool. In some cases, a radar gun may not be appropriately calibrated at the time it detects your alleged speeding. If you suspect this may be the case, you can demand that an attending police officer complete a calibration certification. If the results of the certification reveal that the radar gun was not in ideal condition at the time you received your ticket, you may request that a court dismiss the speeding charge brought against you. Demand to see the officer’s current certification to operate the Radar unit. Referring to Relevant Weather Records Rain, snow, and fog can all disrupt the radio waves that police officers use to detect your car’s alleged speed. If the weather on the day of your ticket was particularly poor, you can argue that those conditions interfered with the radar’s ability to detect your speed. Talk to Our Maryland Traffic Violation Attorney About Your Speeding Ticket Today Speeding charges are more than just a hassle to deal with. If you don’t address these charges in court, you can see your car insurance premiums start to skyrocket. To avoid unnecessarily high payments and potential jail time for serious and repeated offenses, you can collaborate with our traffic offense lawyers at The Law Office of Hillel Traub. Hillel Traub, a former lawyer from MVA, has a proven track record of resolving cases like yours. Contact us at (410) 220-6976 today or fill out our contact form to arrange a free consultation.

Can You Challenge Breathalyzer Tests in Maryland?

In today’s world, everyone is aware of the dangers of drunk driving. Understandably, law enforcement is cracking down on drunk driving, and officers everywhere are using various tools to detect drunk drivers, including the Breathalyzer. However, the results of the Breathalyzer device and the weight it holds as a determining factor can be challenged in some cases. An individual facing the penalties of a DUI incident has the opportunity to challenge the efficacy of this device. In Maryland, the Law Office of Hillel Traub can help you in putting your best foot forward and rightfully challenge a Breathalyzer test. Why Are Breathalyzer Devices Used? Driving under the influence (DUI) is illegal, and there are penalties. Breathalyzers work by measuring a person’s blood alcohol concentration (BAC). The device measures the amount of alcohol exhaled into the tube and uses it to calculate the person’s current BAC. Most Breathalyzers can detect alcohol levels as low as 0.02%. Table of Contents Why Are Breathalyzer Devices Used? Is It Legal for Law Enforcement to Use a Breathalyzer on Me? How Breathalyzer Results Affect The Penalties of a DUI How You Can Challenge the Breathalyzer Seek Professional Legal Representation for DUI Cases Using a Breathalyzer in Maryland There is a legal limit on how much alcohol can be in your system while driving, and there are penalties when one’s BAC level reaches 0.08% or more. Also, when an individual has multiple counts of DUI, the penalties are increased, and on top of jail time, the individual can lose their license. Although the Breathalyzer has been used for many years for DUI cases, you can challenge its use and efficiency in being a prominent factor of a court decision because different factors can tamper with its accuracy. Is It Legal for Law Enforcement to Use a Breathalyzer on Me? A person can refuse to take a Breathalyzer test, but this results in inevitable consequences. In Maryland, a refusal will result in the person’s license suspension for 270 Days for a irst offense. Under Maryland’s implied consent law, any individual that attempts to drive “…is deemed to have consented to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction…” This states that the implied consent rule is in effect for drivers to submit to a Breathalyzer test in a DUI stop. It is also in effect if law enforcement has probable cause to believe that a driver committed an alcohol-related motor vehicle violation, such as an alcohol-related reckless driving or DUI. How Breathalyzer Results Affect The Penalties of a DUI When it comes to a DUI case, the Breathalyzer test results are often a determining factor in whether or not someone is convicted. If you refuse to take a Breathalyzer test, your license may be suspended, but if you agree to take the test and your BAC level is over the legal limit, you could face jail time and other penalties. Even more so, when an individual has multiple counts of DUI, the penalties are increased, and on top of jail time, the convicted person can lose their license. Although the Breathalyzer has been used for many years, you can challenge its use and efficiency in being a prominent factor of a court decision. How You Can Challenge the Breathalyzer According to the Maryland Impaired Driving Laws, a BAC of 0.08% or higher is considered impaired driving. Under certain circumstances, an individual can challenge the outcome of their Breathalyzer test. Several factors can be used to challenge the result of a Breathalyzer test: Proper maintenance and calibration Operator error The length of time between when you stopped driving and took the test Your health problems or disabilities that may have affected your ability to breathe When facing DUI charges, it is crucial to be represented in court with an experienced attorney. Having an experienced and successful attorney on your side will help you journey through your DUI case confidently with all the facts and information you need. Seek Professional Legal Representation for DUI Cases Using a Breathalyzer in Maryland The Breathalyzer is a commonly used factor in court when it comes to DUI cases. If you’re facing a DUI charge and need legal assistance, our DUI attorney Hillel Traub can help you understand the law and present yourself well in court. With years of experience and positive reviews in criminal law cases, our team is readily available to help. Contact us using our online form or call (410) 220-6976 to schedule your free consultation.

Can You Be Charged With DUI for Sleeping in Your Car?

If you have been drinking or are under the influence of another substance that could impair your ability to drive, you should never get behind the wheel of a car. While it may seem like a good option to sleep it off in your car, you may still find yourself in legal trouble if you are caught. The Law Office of Hillel Traub is a Maryland law firm helping clients who have been charged with a DUI. If you are caught sleeping in your car while under the influence of drugs or alcohol, you may still be charged with a DUI even if you were not actively operating the vehicle. Table of Contents How Can You Be Charged With a DUI While Sleeping in Your Car? What Are Possible Defenses for a DUI While Sleeping in Your Car? Get Help From a Maryland DUI Lawyer Today How Can You Be Charged With a DUI While Sleeping in Your Car? After you have been drinking, you may feel that you can just sleep it off before waking up and driving yourself home. The reality is that you will likely still be intoxicated when you wake up and will be unable to safely operate your vehicle. In Maryland, the legal limit for driving under the influence of alcohol is 0.08% blood alcohol content for individuals who are 21 years of age or older. Not only is it illegal to operate a vehicle with a BAC higher than the legal limit, but it is also dangerous and may lead to a severe accident. Although you may not have been operating the vehicle when you were found sleeping in your car, you may still be arrested for a DUI. When an individual is found sleeping in the driver seat of their vehicle with the car turned on or the key in the ignition while they are under the influence, law enforcement may still arrest you under the pretense that you intended to operate the vehicle while under the influence. Even if your car is off, in park, and not moving at the time of your arrest, if you are considered in physical control of the vehicle, you will still be charged. If you are arrested for sleeping in your car while under the influence, you may face the following penalties: License suspension or revocation Costly fines Probation Jail time Court-ordered substance abuse programs Contact a Maryland DUI lawyer to get help building your defense to have the charges against you reduced or dropped altogether. What Are Possible Defenses for a DUI While Sleeping in Your Car? If you have been arrested for a DUI while you were asleep in your car, there are different defenses that may be applicable to your specific case that may help in having the charges against you reduced or dropped. Your attorney may build your defense case by claiming the following: There was someone else who had physical control of the vehicle You were asleep in the backseat of the vehicle The keys were far away from you, and the vehicle was in park and turned off If you have been arrested for a DUI after sleeping in your car, an experienced DUI attorney may be able to help you build a strong defense. Get Help From a Maryland DUI Lawyer Today Building a defense after being charged with a DUI while sleeping in your car may be challenging. However, it is not impossible with the help of an experienced Maryland DUI attorney. The Law Offices of Hillel Traub can help you build a strong defense case with the hopes of having the charges against you reduced or dropped. Our highly experienced DUI attorney is a former lawyer from MVA and is dedicated to helping clients in Maryland protect their rights and interests after a DUI arrest. Call our office at (410) 220-6976 or fill out our contact form to schedule a free case evaluation today.

Can Undocumented Immigrants Obtain a Maryland Driver’s License?

Can Undocumented Immigrants Obtain a Maryland Driver’s License?

Maryland is home to a diverse population that includes approximately 275,000 undocumented immigrants as of 2016. Unlike many states, Maryland provides driving privileges to all eligible residents regardless of immigration status. This inclusive approach began with the passage of the Maryland Highway Safety Act in 2013, which eliminated the 2009 requirement for proof of legal immigration status to obtain or maintain a driver’s license. Yes, undocumented immigrants can obtain and keep a Maryland driver’s license, though these licenses differ from those issued to individuals with legal status. The law was implemented with the primary goal of enhancing road safety by ensuring all drivers are properly tested, licensed, and able to obtain auto insurance. While the process for obtaining a Maryland driver’s license is similar for all residents, there are some specific requirements and considerations for undocumented immigrants that are important to understand. Table of Contents How to Obtain a Maryland License as an Undocumented Immigrant? What Else Has Maryland Accomplished to Help Undocumented Immigrants? Speak to an Experienced Traffic Offense Attorney in Maryland Today How to Obtain a Maryland License as an Undocumented Immigrant? An illegal immigrant must meet several additional requirements to obtain a Maryland driver’s license. They first must prove that they are a resident of the state. They must also prove their identity with their birth certificate or a passport. Before obtaining a license, undocumented immigrants must show proof they filed income taxes for at least two years. However, the license undocumented immigrants may receive is different from the license U.S. citizens and lawfully migrated residents receive. While they may look similar, the license for an undocumented immigrant is not a legal form of identification. All licenses obtained without proof of legal status will have a marking indicating it. One crucial factor to remember is that you will need auto insurance if you own a vehicle. Penalties for not having car insurance in Maryland may include fines, jail time, or points on your driving record. For illegal immigrants, a failure to obtain car insurance may result in deportation. What Else Has Maryland Accomplished to Help Undocumented Immigrants? In addition to allowing undocumented immigrants the right to obtain a driver’s license, the State of Maryland has made progress in other areas regarding immigrants. In 2012, the state passed its version of the DREAM Act The state’s version extends in-state tuition rates to children of illegal immigrants living in Maryland. The bill saw immediate effects, and Maryland educators credited it with the 1% bump in graduation rates. Speak to an Experienced Traffic Offense Attorney in Maryland Today If you face traffic violation charges in Maryland, you must act quickly regardless of your immigration status. The negative ramifications of a traffic offense can have a detrimental impact on your life. At the Law Office of Hillel Traub, we recognize these ramifications and will do everything in our power to dismiss these charges. Attorney Hillel Traub can apply his experience to various traffic-related incidents, including speeding tickets, driving under the influence, and hitting another vehicle. You should not take these violations lightly, so contact Attorney Hillel Traub today. Give us a call at (410) 220-6976 or complete our online contact form. Contact Us

Can the Police Arrest Me Even If I Pass a Field Sobriety Test?

Can the Police Arrest Me Even If I Pass a Field Sobriety Test?

When a police officer pulls over a driver on suspicion of driving under the influence (DUI) of drugs or alcohol, they will often ask the driver to perform a Standardized Field Sobriety Test (SFST). When conducting these tests, officers will assess the driver’s balance, coordination, and ability to follow a series of directions. Unfortunately, many drivers assume performing well on these tests will help them avoid a DUI charge or benefit them in court. Unfortunately, neither are true. In fact, participating in field sobriety tests may make the situation worse. If you passed a roadside sobriety test in Maryland but the police still arrested you, contact the Law Office of Hillel Traub. Attorney Hillel Traub can launch a thorough investigation into the DUI stop and work to protect your freedom. Table of Contents Maryland’s Three Field Sobriety Tests Why Does Maryland Use Field Sobriety Tests? Are Field Sobriety Tests Accurate? Can I Refuse to Take a Field Sobriety Test in Maryland? Speak to an Experienced DUI Defense Attorney Today Maryland’s Three Field Sobriety Tests Maryland police officers rely on three field sobriety tests to gauge whether further investigation is necessary. They are the: Horizontal Gaze Nystagmus Walk and Turn One-Leg Stand Of the three tests above, only the last two may show signs of impairment. The Horizontal Gaze Nystagmus is only admissible to show the presence of alcohol in a driver’s system, so it generally carries the same weight as an officer simply smelling alcohol on a driver’s breath. The other tests are admissible as evidence in court. The officers will attempt to use the results of these tests to justify the arrest and their request for the driver to submit to a breath test. Why Does Maryland Use Field Sobriety Tests? Police officers use field sobriety tests to establish probable cause to arrest an individual on suspicion of drunk or drugged driving. Essentially, officers do not use these tests to determine a person’s drunkenness. Instead, they allow the office to justify an arrest for drunk driving, even if the person passes. However, you must remember that these tests are designed for the driver to fail. For example, the walk and turn test is not just testing a driver’s ability to walk in a straight line. It is also testing their ability to track the many separate directions and instructions the police officer is giving. Even if you walk in a straight line, an officer may still arrest you for failing other aspects of the test. Are Field Sobriety Tests Accurate? Unfortunately, many people fail field sobriety tests even if they are sober. Several factors other than alcohol may affect a person’s ability to complete the tests successfully. For example, people who are overweight may have difficulty walking in a straight line. Similarly, nervous people may have a hard time paying attention and following the officer’s instructions. A DUI defense attorney can also investigate the officer to see if they conducted the field test properly. If they did not, your defense attorney might be able to use that as grounds to drop or reduce the charges. Can I Refuse to Take a Field Sobriety Test in Maryland? There is no penalty in Maryland for refusing to take a field sobriety test. Under the state’s implied consent law, drivers are only required to submit to chemical tests after a police officer arrests them. While the driver can still resist a chemical or breathalyzer test, it may result in hefty fines, jail time, or license suspension. However, refusing a field sobriety test will not result in any civil or criminal penalties. When refusing, remember to be polite to the officer. Being rude and aggressive may escalate the situation. Speak to an Experienced DUI Defense Attorney Today If a police officer arrested you after passing, failing, or refusing a field sobriety test, contact Attorney Hillel Traub at the Law Office of Hillel Traub. He may be able to help you avoid or reduce the penalties associated with a DUI conviction. Attorney Traub is a fierce DUI defense attorney who has proudly served Maryland residents for more than 20 years. As a former attorney for the Maryland MVA, you can be confident that Attorney Traub will make every effort to protect your driving privileges and freedom. To schedule a free consultation, call (410) 220-6976 or complete our contact form today.

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