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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.

Driving Without Insurance in Maryland: A Legal Guide

Handing your car keys to a friend or family member is a common occurrence. But what happens if they don't have their own auto insurance? Understanding Maryland's laws on this matter is crucial for every vehicle owner. Driving without insurance is a serious offense in the state, carrying significant penalties that can impact your finances, driving privileges, and even your freedom. This guide explains Maryland car insurance laws, the consequences of letting an uninsured person drive your car, and what to do if you are facing charges. Knowing these rules helps you protect yourself from liability and make informed decisions. Understanding Maryland Car insurance Laws To legally operate a vehicle in Maryland, the state requires all registered vehicles to be insured. The insurance policy must meet specific minimum coverage amounts. These requirements ensure that there are financial resources available to cover damages in the event of an accident. more Minimum Insurance Coverage in Maryland Your auto insurance policy must include at least the following liability coverages: $30,000 for Bodily Injury Liability: Per person injured in an accident. $60,000 for Bodily Injury Liability: Per accident when two or more people are injured. $15,000 for Property Damage Liability: To cover damage to another person's property, such as their vehicle. In addition to liability coverage, Maryland also mandates uninsured/underinsured motorist (UM/UIM) coverage: $30,000 for Uninsured Motorist Bodily Injury: Per person. $60,000 for Uninsured Motorist Bodily Injury: Per accident. $15,000 for Uninsured Motorist Property Damage: Per accident. This UM/UIM coverage protects you if you are in an accident caused by a driver who has no insurance or insufficient coverage to pay for your damages. While these are the minimums, you can always purchase higher levels of coverage for greater financial protection. The Rule in Maryland: Insurance Follows the Car A key principle of Maryland auto insurance is that the coverage follows the vehicle, not the driver. This is known as "permissive use." If you give someone permission to drive your car, your insurance policy is considered the primary coverage if they cause an accident. This means that even if the person driving your car has no insurance of their own, your policy should cover the damages up to its limits. However, relying on this can have significant consequences. If your friend causes an accident, the claim is filed against your policy, which will likely lead to a substantial increase in your insurance premiums. When Is Letting Someone Drive Your Car a Problem? Allowing an uninsured driver behind the wheel of your vehicle is risky. You could also face legal trouble for "negligent entrustment." This occurs if you knowingly allow someone to drive your car who you should have known was unfit to drive. Examples of negligent entrustment include lending your car to: An unlicensed driver. A driver with a suspended or revoked license. Someone who is clearly intoxicated. A driver with a known history of reckless driving. If the person you let borrow your car causes an accident and you are found guilty of negligent entrustment, you could be held personally liable for the damages. This could lead to a lawsuit and significant financial loss, far beyond what your insurance covers. Penalties for Driving Without Insurance in Maryland The consequences for driving without insurance are severe. If you are caught operating a vehicle without the required coverage, the Maryland Motor Vehicle Administration (MVA) and the courts can impose strict penalties. Administrative Penalties from the MVA The MVA can enforce several administrative penalties, which include: Loss of Vehicle Registration: Your vehicle's registration can be suspended. Confiscation of License Plates: You will be required to surrender your tags. Uninsured Motorist Fines: You will face a fine of $150 for the first 30 days of the insurance lapse and $7 for each additional day. Registration Restoration Fees: A fee of up to $25 may be required to restore your registration. Registration Blocks: You will be barred from registering any new vehicles or renewing existing registrations until all insurance violations are resolved. Criminal Penalties for Driving Uninsured Beyond administrative actions, driving without insurance is a misdemeanor crime in Maryland. A conviction can result in: Jail Time: Up to one year in jail for a first offense. Fines: A fine of up to $1,000. License Points: Five points added to your driving record. The penalties increase for subsequent offenses. These criminal charges create a permanent record that can affect employment and other aspects of your life. An experienced traffic lawyer in Maryland can be essential for navigating these charges and seeking a more favorable outcome. What to Do If You're Facing Charges If you have been charged with driving without insurance or allowing an uninsured driver to use your vehicle, it is vital to take immediate action. The potential consequences are too serious to ignore. Do Not Admit Fault: Anything you say to law enforcement can be used against you. Be cooperative, but avoid making statements that could imply guilt. Gather Your Documents: Collect any relevant paperwork, including the traffic citation, your vehicle registration, and any proof of insurance you may have had, even if it had lapsed. Consult a Traffic Lawyer: The most important step is to seek legal counsel. A knowledgeable attorney can analyze the specifics of your case, identify potential defenses, and represent you in court and with the MVA. An attorney may be able to negotiate for reduced charges, lower fines, or alternative resolutions that avoid jail time and minimize points on your license. Protect Yourself with Expert Legal Counsel Navigating Maryland's complex traffic laws requires experience and a deep understanding of the legal system. If you are facing charges for an insurance-related violation, you do not have to handle it alone. A skilled traffic defense attorney can advocate on your behalf and work to protect your rights and your future. At The Law Office of Hillel Traub, we have extensive experience representing clients in traffic violation cases across Maryland. Attorney Hillel Traub’s background as a former Assistant Attorney General for the MVA provides him with unique insight into how these cases are prosecuted. We are committed to building a strong defense tailored to your situation. Contact us today at 410-205-5603 or complete our online form to schedule a free consultation.

Driving Without Insurance in Maryland: A Legal Guide

Handing your car keys to a friend or family member is a common occurrence. But what happens if they don't have their own auto insurance? Understanding Maryland's laws on this matter is crucial for every vehicle owner. Driving without insurance is a serious offense in the state, carrying significant penalties that can impact your finances, driving privileges, and even your freedom. This guide explains Maryland car insurance laws, the consequences of letting an uninsured person drive your car, and what to do if you are facing charges. Knowing these rules helps you protect yourself from liability and make informed decisions. Understanding Maryland Car insurance Laws To legally operate a vehicle in Maryland, the state requires all registered vehicles to be insured. The insurance policy must meet specific minimum coverage amounts. These requirements ensure that there are financial resources available to cover damages in the event of an accident. more Minimum Insurance Coverage in Maryland Your auto insurance policy must include at least the following liability coverages: $30,000 for Bodily Injury Liability: Per person injured in an accident. $60,000 for Bodily Injury Liability: Per accident when two or more people are injured. $15,000 for Property Damage Liability: To cover damage to another person's property, such as their vehicle. In addition to liability coverage, Maryland also mandates uninsured/underinsured motorist (UM/UIM) coverage: $30,000 for Uninsured Motorist Bodily Injury: Per person. $60,000 for Uninsured Motorist Bodily Injury: Per accident. $15,000 for Uninsured Motorist Property Damage: Per accident. This UM/UIM coverage protects you if you are in an accident caused by a driver who has no insurance or insufficient coverage to pay for your damages. While these are the minimums, you can always purchase higher levels of coverage for greater financial protection. The Rule in Maryland: Insurance Follows the Car A key principle of Maryland auto insurance is that the coverage follows the vehicle, not the driver. This is known as "permissive use." If you give someone permission to drive your car, your insurance policy is considered the primary coverage if they cause an accident. This means that even if the person driving your car has no insurance of their own, your policy should cover the damages up to its limits. However, relying on this can have significant consequences. If your friend causes an accident, the claim is filed against your policy, which will likely lead to a substantial increase in your insurance premiums. When Is Letting Someone Drive Your Car a Problem? Allowing an uninsured driver behind the wheel of your vehicle is risky. You could also face legal trouble for "negligent entrustment." This occurs if you knowingly allow someone to drive your car who you should have known was unfit to drive. Examples of negligent entrustment include lending your car to: An unlicensed driver. A driver with a suspended or revoked license. Someone who is clearly intoxicated. A driver with a known history of reckless driving. If the person you let borrow your car causes an accident and you are found guilty of negligent entrustment, you could be held personally liable for the damages. This could lead to a lawsuit and significant financial loss, far beyond what your insurance covers. Penalties for Driving Without Insurance in Maryland The consequences for driving without insurance are severe. If you are caught operating a vehicle without the required coverage, the Maryland Motor Vehicle Administration (MVA) and the courts can impose strict penalties. Administrative Penalties from the MVA The MVA can enforce several administrative penalties, which include: Loss of Vehicle Registration: Your vehicle's registration can be suspended. Confiscation of License Plates: You will be required to surrender your tags. Uninsured Motorist Fines: You will face a fine of $150 for the first 30 days of the insurance lapse and $7 for each additional day. Registration Restoration Fees: A fee of up to $25 may be required to restore your registration. Registration Blocks: You will be barred from registering any new vehicles or renewing existing registrations until all insurance violations are resolved. Criminal Penalties for Driving Uninsured Beyond administrative actions, driving without insurance is a misdemeanor crime in Maryland. A conviction can result in: Jail Time: Up to one year in jail for a first offense. Fines: A fine of up to $1,000. License Points: Five points added to your driving record. The penalties increase for subsequent offenses. These criminal charges create a permanent record that can affect employment and other aspects of your life. An experienced traffic lawyer in Maryland can be essential for navigating these charges and seeking a more favorable outcome. What to Do If You're Facing Charges If you have been charged with driving without insurance or allowing an uninsured driver to use your vehicle, it is vital to take immediate action. The potential consequences are too serious to ignore. Do Not Admit Fault: Anything you say to law enforcement can be used against you. Be cooperative, but avoid making statements that could imply guilt. Gather Your Documents: Collect any relevant paperwork, including the traffic citation, your vehicle registration, and any proof of insurance you may have had, even if it had lapsed. Consult a Traffic Lawyer: The most important step is to seek legal counsel. A knowledgeable attorney can analyze the specifics of your case, identify potential defenses, and represent you in court and with the MVA. An attorney may be able to negotiate for reduced charges, lower fines, or alternative resolutions that avoid jail time and minimize points on your license. Protect Yourself with Expert Legal Counsel Navigating Maryland's complex traffic laws requires experience and a deep understanding of the legal system. If you are facing charges for an insurance-related violation, you do not have to handle it alone. A skilled traffic defense attorney can advocate on your behalf and work to protect your rights and your future. At The Law Office of Hillel Traub, we have extensive experience representing clients in traffic violation cases across Maryland. Attorney Hillel Traub’s background as a former Assistant Attorney General for the MVA provides him with unique insight into how these cases are prosecuted. We are committed to building a strong defense tailored to your situation. Contact us today at 410-205-5603 or complete our online form to schedule a free consultation.

Can Someone Else Drive Your Car with an Ignition Interlock in Maryland?

An ignition interlock device (IID) may be part of sentencing when a court convicts you with a driving under the influence (DUI) charge. A judge may require you to install the device as part of your sentence to ensure that you are not driving drunk, and the car will not turn on if there is alcohol on your breath. It will also require random breath samples while driving to ensure you are not consuming alcohol behind the wheel. Unfortunately, these devices can make day-to-day living a hassle, and all expenses must be paid out-of-pocket. Continue reading to learn more about Maryland’s IID policies and rules, including if someone else can drive your car that has an IID. If you are unsure whether a particular activity breaks your sentencing terms, contact The Law Office of Hillel Traub. Table of Contents AM I THE ONLY PERSON WHO CAN DRIVE MY CAR WITH AN IID? WHAT IS A VIOLATION OF MARYLAND’S INTERLOCK PROGRAM? WHAT HAPPENS IF I VIOLATE THE TERMS OF THE IID PROGRAM? SPEAK TO A MARYLAND DUI DEFENSE ATTORNEY TODAY AM I THE ONLY PERSON WHO CAN DRIVE MY CAR WITH AN IID? Anyone legally licensed to drive and sober can start and operate your vehicle if it has an IID. You may have to show them how to use the device properly, and you should inform them that there may be random testing as they drive. Remember, you are responsible for all the test results from the IID regardless of who is behind the wheel. In Maryland, ignition interlocking devices are programmed not to start the vehicle if the person has a blood alcohol concentration (BAC) level of .025% or higher. Not only will your car not start, but you might violate your sentencing if anyone blows into your IID with a detectable breath alcohol concentration. WHAT IS A VIOLATION OF MARYLAND’S INTERLOCK PROGRAM? There are several ways you can violate Maryland’s IID program. Having a sober individual blow into the device for you so you can operate the vehicle is a violation. Some other ways people violate the program and terms of their sentencing include: Failure to install the IID and obtain a restricted license Failure to appear for monthly monitoring Operating a vehicle that does not have an IID Tampering with, bypassing, or removing the IID from your vehicle Attempting to start or operate the vehicle with a BAC over .025% Failure to submit retests after starting the car Those who help you circumvent the interlocking device may also be subject to penalties and fines. WHAT HAPPENS IF I VIOLATE THE TERMS OF THE IID PROGRAM? There are consequences if you violate the terms of the Ignition Interlock Device Program in Maryland. For the first three violations, courts or the MVA will add one month to the required time. If you receive four violations, courts can remove you from the program and revoke or suspend your driving privileges. There may also be additional penalties depending on other factors, such as prior DUI violations. SPEAK TO A MARYLAND DUI DEFENSE ATTORNEY TODAY If you must participate in an IID program as part of your sentencing, consulting with an experienced DUI defense attorney who can help you understand its benefits and restrictions is vital. Attorney Hillel Traub is well-versed in Maryland traffic laws and will advise you on what you can and cannot do with an IID. Furthermore, a Maryland DUI charge can lead to harsh penalties, and Attorney Traub can represent you in court against these charges You do not have to go through the justice system alone. Hillel Traub is a fierce advocate and will take every step in court to fight for you, help keep your driving privileges, and protect your reputation in the community. To learn how The Law Office of Hillel Traub can help you after a DUI, call (410) 589-2794 or complete our contact form.

Can Someone Else Drive Your Car with an Ignition Interlock in Maryland?

An ignition interlock device (IID) may be part of sentencing when a court convicts you with a driving under the influence (DUI) charge. A judge may require you to install the device as part of your sentence to ensure that you are not driving drunk, and the car will not turn on if there is alcohol on your breath. It will also require random breath samples while driving to ensure you are not consuming alcohol behind the wheel. Unfortunately, these devices can make day-to-day living a hassle, and all expenses must be paid out-of-pocket. Continue reading to learn more about Maryland’s IID policies and rules, including if someone else can drive your car that has an IID. If you are unsure whether a particular activity breaks your sentencing terms, contact The Law Office of Hillel Traub. Table of Contents AM I THE ONLY PERSON WHO CAN DRIVE MY CAR WITH AN IID? WHAT IS A VIOLATION OF MARYLAND’S INTERLOCK PROGRAM? WHAT HAPPENS IF I VIOLATE THE TERMS OF THE IID PROGRAM? SPEAK TO A MARYLAND DUI DEFENSE ATTORNEY TODAY AM I THE ONLY PERSON WHO CAN DRIVE MY CAR WITH AN IID? Anyone legally licensed to drive and sober can start and operate your vehicle if it has an IID. You may have to show them how to use the device properly, and you should inform them that there may be random testing as they drive. Remember, you are responsible for all the test results from the IID regardless of who is behind the wheel. In Maryland, ignition interlocking devices are programmed not to start the vehicle if the person has a blood alcohol concentration (BAC) level of .025% or higher. Not only will your car not start, but you might violate your sentencing if anyone blows into your IID with a detectable breath alcohol concentration. WHAT IS A VIOLATION OF MARYLAND’S INTERLOCK PROGRAM? There are several ways you can violate Maryland’s IID program. Having a sober individual blow into the device for you so you can operate the vehicle is a violation. Some other ways people violate the program and terms of their sentencing include: Failure to install the IID and obtain a restricted license Failure to appear for monthly monitoring Operating a vehicle that does not have an IID Tampering with, bypassing, or removing the IID from your vehicle Attempting to start or operate the vehicle with a BAC over .025% Failure to submit retests after starting the car Those who help you circumvent the interlocking device may also be subject to penalties and fines. WHAT HAPPENS IF I VIOLATE THE TERMS OF THE IID PROGRAM? There are consequences if you violate the terms of the Ignition Interlock Device Program in Maryland. For the first three violations, courts or the MVA will add one month to the required time. If you receive four violations, courts can remove you from the program and revoke or suspend your driving privileges. There may also be additional penalties depending on other factors, such as prior DUI violations. SPEAK TO A MARYLAND DUI DEFENSE ATTORNEY TODAY If you must participate in an IID program as part of your sentencing, consulting with an experienced DUI defense attorney who can help you understand its benefits and restrictions is vital. Attorney Hillel Traub is well-versed in Maryland traffic laws and will advise you on what you can and cannot do with an IID. Furthermore, a Maryland DUI charge can lead to harsh penalties, and Attorney Traub can represent you in court against these charges You do not have to go through the justice system alone. Hillel Traub is a fierce advocate and will take every step in court to fight for you, help keep your driving privileges, and protect your reputation in the community. To learn how The Law Office of Hillel Traub can help you after a DUI, call (410) 589-2794 or complete our contact form.

Can Maryland Police Tell If You Have a Radar Detector?

Can Maryland Police Tell If You Have a Radar Detector?

Many drivers feel uneasy around police, even when they’re not speeding. Spotting a patrol car suddenly parked on the side of the road or having an officer appear beside you can be unsettling. If you’re hoping to avoid speed traps or just feel more at ease behind the wheel, a radar detector can be a helpful tool. Much like dashcams, radar detectors are popular among drivers who want to stay prepared for the unexpected. They’re especially useful for those who frequently travel through areas with changing speed limits. Quickly shifting from a 60 mph zone to a 45 mph stretch without warning can lead to unwanted trouble. If you do find yourself facing a citation, a knowledgeable traffic ticket lawyer can help you understand your rights and explore your legal options. Table of Contents What Is a Radar Detector? Is a Radar Detector Legal in Maryland? How Can a Police Officer Tell If I Have a Radar Detector? Trust a Motivated Defense Attorney at the Law Office of Hillel Traub What Is a Radar Detector? When law enforcement uses a radar gun to catch a speeding vehicle, the device emits invisible waves that operate on three signals: the K, Ka, and X bands. Once the waves detect the vehicle, they will bounce back and notify the officer of the vehicle’s speed. A radar detector can pick up on those waves and inform you that a police officer or a radar gun is near. The range of detection and ability to accurately shift through false alerts depends on the age of the detector and the model. Some more expensive and high-quality radar detectors can offer more reliable readings. Is a Radar Detector Legal in Maryland? In Maryland and most states, a radar detector is legal. However, there are a few circumstances and locations in which this is not the case. Consider the list below for situations in which the use of a radar detector is illegal and when the use of one may cause you to incur fines and other punishments: If you are a commercial (CDL) driver If you are operating a vehicle on a military base If you are located in Virginia or Washington, D.C. Virginia and Washington are easily accessible to Maryland, and the residents of Maryland may often find themselves passing into these areas. If you have a radar detector, you can be at risk of fines. It’s essential to be aware of your route if you have a radar detector in your car and avoid traveling in those areas. How Can a Police Officer Tell If I Have a Radar Detector? Many radar detectors go unnoticed by law enforcement and simply assist drivers with staying within the speed limit and reducing their fear of being pulled over. However, there are a few ways a police officer can tell if you have a radar detector device. The Detector Is Visible: A radar detector is placed on the vehicle’s front window in an unobstructed view to function properly. If you’re pulled over, an officer will see your radar detector if you can. This won’t be an issue unless you’re in an area where the device is illegal. Police Training: There are times where police can visually estimate the speed of a vehicle or are not using a radar gun, so a radar detector will not notify you of the police’s location. Your Reaction: When your radar detector goes off, your natural reaction is to hit the brakes and slow down if you’re moving at a faster speed. This reaction will cause your car’s brake lights to come on, and the front end of your car will dip down. These reactions can signal the police officer. Radar Detector Detectors (RDDs): Some radar detectors can emit a weak signal. If an officer has an RDD, they’ll be able to detect your radar detector. More advanced radar detectors can shield the signals, which prevent the RDDs from picking up the waves. If you’re in an area where a radar detector is legal, you have no worries about having a radar detector. Unfortunately, many Maryland residents visit areas where these devices are illegal and can face problems if they forget to turn off the device while in the area. If you encounter a situation similar to this, contact an experienced defense attorney for legal assistance. Trust a Motivated Defense Attorney at the Law Office of Hillel Traub If you still pulled over for speeding with a detector and were pulled over in an area where a radar device is illegal, you can face expensive fines for having one in use. Our team at the Law Office of Hillel Traub can offer detailed legal advice for your case. With over 20 years of experience working in Maryland, Attorney Hillel Traub is a strong advocate for those in the community and wants to make sure you’re properly represented during legal conflicts. For a free consultation, call (410) 220-6976 or fill out our contact form

Can Maryland Police Tell If You Have a Radar Detector?

Can Maryland Police Tell If You Have a Radar Detector?

Many drivers feel uneasy around police, even when they’re not speeding. Spotting a patrol car suddenly parked on the side of the road or having an officer appear beside you can be unsettling. If you’re hoping to avoid speed traps or just feel more at ease behind the wheel, a radar detector can be a helpful tool. Much like dashcams, radar detectors are popular among drivers who want to stay prepared for the unexpected. They’re especially useful for those who frequently travel through areas with changing speed limits. Quickly shifting from a 60 mph zone to a 45 mph stretch without warning can lead to unwanted trouble. If you do find yourself facing a citation, a knowledgeable traffic ticket lawyer can help you understand your rights and explore your legal options. Table of Contents What Is a Radar Detector? Is a Radar Detector Legal in Maryland? How Can a Police Officer Tell If I Have a Radar Detector? Trust a Motivated Defense Attorney at the Law Office of Hillel Traub What Is a Radar Detector? When law enforcement uses a radar gun to catch a speeding vehicle, the device emits invisible waves that operate on three signals: the K, Ka, and X bands. Once the waves detect the vehicle, they will bounce back and notify the officer of the vehicle’s speed. A radar detector can pick up on those waves and inform you that a police officer or a radar gun is near. The range of detection and ability to accurately shift through false alerts depends on the age of the detector and the model. Some more expensive and high-quality radar detectors can offer more reliable readings. Is a Radar Detector Legal in Maryland? In Maryland and most states, a radar detector is legal. However, there are a few circumstances and locations in which this is not the case. Consider the list below for situations in which the use of a radar detector is illegal and when the use of one may cause you to incur fines and other punishments: If you are a commercial (CDL) driver If you are operating a vehicle on a military base If you are located in Virginia or Washington, D.C. Virginia and Washington are easily accessible to Maryland, and the residents of Maryland may often find themselves passing into these areas. If you have a radar detector, you can be at risk of fines. It’s essential to be aware of your route if you have a radar detector in your car and avoid traveling in those areas. How Can a Police Officer Tell If I Have a Radar Detector? Many radar detectors go unnoticed by law enforcement and simply assist drivers with staying within the speed limit and reducing their fear of being pulled over. However, there are a few ways a police officer can tell if you have a radar detector device. The Detector Is Visible: A radar detector is placed on the vehicle’s front window in an unobstructed view to function properly. If you’re pulled over, an officer will see your radar detector if you can. This won’t be an issue unless you’re in an area where the device is illegal. Police Training: There are times where police can visually estimate the speed of a vehicle or are not using a radar gun, so a radar detector will not notify you of the police’s location. Your Reaction: When your radar detector goes off, your natural reaction is to hit the brakes and slow down if you’re moving at a faster speed. This reaction will cause your car’s brake lights to come on, and the front end of your car will dip down. These reactions can signal the police officer. Radar Detector Detectors (RDDs): Some radar detectors can emit a weak signal. If an officer has an RDD, they’ll be able to detect your radar detector. More advanced radar detectors can shield the signals, which prevent the RDDs from picking up the waves. If you’re in an area where a radar detector is legal, you have no worries about having a radar detector. Unfortunately, many Maryland residents visit areas where these devices are illegal and can face problems if they forget to turn off the device while in the area. If you encounter a situation similar to this, contact an experienced defense attorney for legal assistance. Trust a Motivated Defense Attorney at the Law Office of Hillel Traub If you still pulled over for speeding with a detector and were pulled over in an area where a radar device is illegal, you can face expensive fines for having one in use. Our team at the Law Office of Hillel Traub can offer detailed legal advice for your case. With over 20 years of experience working in Maryland, Attorney Hillel Traub is a strong advocate for those in the community and wants to make sure you’re properly represented during legal conflicts. For a free consultation, call (410) 220-6976 or fill out our contact form

Can Maryland Police Search Your Vehicle if They Smell Marijuana?

Few things are as anxiety-inducing as being stopped by a police officer and having your vehicle searched. While most people know their rights when it comes to unlawful searching by the police, the rules can change when the police suspect illegal activity, such as using alcohol or marijuana. Still, as marijuana has been decriminalized in Maryland, you could still be stopped by the police if they see the signs of marijuana use.  It’s important to remember in this situation that you have rights. The Law Office of Hillel Traub understands how stressful a police stop can be, especially if they find marijuana or suspect that you have been using it in your car. Despite marijuana being legal to use in Maryland, using it while operating your vehicle is not. We can help make sure your rights are protected. Table of Contents Police Searches and Maryland Law Marijuana Laws in Maryland Can Police Search Your Vehicle if They Smell Marijuana? Consult With an Experienced Maryland Criminal Defense Attorney Police Searches and Maryland Law Under Maryland law, there are generally four circumstances in which the police may search your vehicle after a traffic stop: You consented to the search of your vehicle. Probable cause, where the officer believes there could be evidence of a crime in the vehicle. A search is deemed necessary by the officer because there may be a dangerous item in the car. You have been arrested, and the search is related to the arrest. Typically, one who commits a minor traffic offense, such as going a few miles over the speed limit or failing to use a turn signal, will not be asked for their permission to search the vehicle. If you are stopped by the police, Maryland law has certain protections regarding the search of your vehicle. The law in Maryland follows the U.S. Constitution’s Fourth Amendment, which prohibits unlawful search and seizure.  Again, the police may search your vehicle if they have “probable cause” of the possession of drugs—marijuana included—or the committing of a crime. However, even if the officer has probable cause, unless they have a warrant to search your vehicle, anything found during their search will likely be deemed as inadmissible. Marijuana Laws in Maryland Since 2014, the use of marijuana has been decriminalized in Maryland.  However, that doesn’t mean that you won’t be punished if you are found in possession of it. In Maryland, possession of marijuana can carry the following penalties, depending on the circumstances: Possession of fewer than 10 grams carries a maximum $100 fine Possession of at least 10 grams is a misdemeanor with a possible $1,000 fine and up to 6 months in jail Furthermore, if you are found to be operating your vehicle under the influence of marijuana or transporting marijuana in your car (which could be construed as trafficking or intent to distribute), the punishments are much harsher. These charges usually carry fines of up to $15,000 and jail time of up to 5 years. Can Police Search Your Vehicle if They Smell Marijuana? The answer to this question largely depends on the factors at play. The odor of marijuana has traditionally been considered enough to give the officer probable cause to search your vehicle, regardless of whether you consent. However, recent court rulings have held that the smell of marijuana, on its own, does not permit the police to search your vehicle. Also, police must get a warrant to search your person, even if they suspect you have been using or are in possession of marijuana. An exception occurs usually if you have been arrested, or the officer feels the need to commence a quick search for weapons based on a “reasonable expectation” that you are armed. However, simply having the odor of marijuana coming from your car does not give police the right to search you. Consult With an Experienced Maryland Criminal Defense Attorney The consequences that can arise when a police officer stops your car and claims to smell marijuana can be heavy, but you may be able to stop the consequences of what happens next by enlisting the services of The Law Office of Hillel Traub. With over 20 years of experience defending clients against Maryland’s traffic and drug laws, Former MVA Lawyer Hillel Traub fiercely advocates for you, no matter how dire your case looks. If you feel you have been unlawfully searched by the police, fill out our contact form or contact us at (410) 220-6976 for a free consultation.

Can Maryland Police Search Your Vehicle if They Smell Marijuana?

Few things are as anxiety-inducing as being stopped by a police officer and having your vehicle searched. While most people know their rights when it comes to unlawful searching by the police, the rules can change when the police suspect illegal activity, such as using alcohol or marijuana. Still, as marijuana has been decriminalized in Maryland, you could still be stopped by the police if they see the signs of marijuana use.  It’s important to remember in this situation that you have rights. The Law Office of Hillel Traub understands how stressful a police stop can be, especially if they find marijuana or suspect that you have been using it in your car. Despite marijuana being legal to use in Maryland, using it while operating your vehicle is not. We can help make sure your rights are protected. Table of Contents Police Searches and Maryland Law Marijuana Laws in Maryland Can Police Search Your Vehicle if They Smell Marijuana? Consult With an Experienced Maryland Criminal Defense Attorney Police Searches and Maryland Law Under Maryland law, there are generally four circumstances in which the police may search your vehicle after a traffic stop: You consented to the search of your vehicle. Probable cause, where the officer believes there could be evidence of a crime in the vehicle. A search is deemed necessary by the officer because there may be a dangerous item in the car. You have been arrested, and the search is related to the arrest. Typically, one who commits a minor traffic offense, such as going a few miles over the speed limit or failing to use a turn signal, will not be asked for their permission to search the vehicle. If you are stopped by the police, Maryland law has certain protections regarding the search of your vehicle. The law in Maryland follows the U.S. Constitution’s Fourth Amendment, which prohibits unlawful search and seizure.  Again, the police may search your vehicle if they have “probable cause” of the possession of drugs—marijuana included—or the committing of a crime. However, even if the officer has probable cause, unless they have a warrant to search your vehicle, anything found during their search will likely be deemed as inadmissible. Marijuana Laws in Maryland Since 2014, the use of marijuana has been decriminalized in Maryland.  However, that doesn’t mean that you won’t be punished if you are found in possession of it. In Maryland, possession of marijuana can carry the following penalties, depending on the circumstances: Possession of fewer than 10 grams carries a maximum $100 fine Possession of at least 10 grams is a misdemeanor with a possible $1,000 fine and up to 6 months in jail Furthermore, if you are found to be operating your vehicle under the influence of marijuana or transporting marijuana in your car (which could be construed as trafficking or intent to distribute), the punishments are much harsher. These charges usually carry fines of up to $15,000 and jail time of up to 5 years. Can Police Search Your Vehicle if They Smell Marijuana? The answer to this question largely depends on the factors at play. The odor of marijuana has traditionally been considered enough to give the officer probable cause to search your vehicle, regardless of whether you consent. However, recent court rulings have held that the smell of marijuana, on its own, does not permit the police to search your vehicle. Also, police must get a warrant to search your person, even if they suspect you have been using or are in possession of marijuana. An exception occurs usually if you have been arrested, or the officer feels the need to commence a quick search for weapons based on a “reasonable expectation” that you are armed. However, simply having the odor of marijuana coming from your car does not give police the right to search you. Consult With an Experienced Maryland Criminal Defense Attorney The consequences that can arise when a police officer stops your car and claims to smell marijuana can be heavy, but you may be able to stop the consequences of what happens next by enlisting the services of The Law Office of Hillel Traub. With over 20 years of experience defending clients against Maryland’s traffic and drug laws, Former MVA Lawyer Hillel Traub fiercely advocates for you, no matter how dire your case looks. If you feel you have been unlawfully searched by the police, fill out our contact form or contact us at (410) 220-6976 for a free consultation.

buy a car with a suspended license

Can I Purchase a Car with a Suspended License?

A suspended driver’s license typically presents roadblocks in daily life. From making it more challenging to get to and from places you need to go to restricting your personal freedom, many adverse effects usually follow the state’s decision to suspend a person’s driving privileges. Therefore, it sounds logical that in order to buy a new car, you’d need to have a valid license to prove to the seller you can legally drive your new vehicle. Oddly enough, while having a valid driver’s license would make the sale go more smoothly (and allow you to test drive the car and drive it home), you don’t need a valid license to purchase a vehicle in Maryland. Why Would I Buy a Car without a Valid Driver’s License? There are a few scenarios in which a person with a suspended license might want to purchase a vehicle. You might consider buying a car while your license is suspended when: Table of Contents Why Would I Buy a Car without a Valid Driver’s License? Is it Legal to Buy a Car while My License is Suspended? Get Behind the Wheel with the Help of a Suspended License Lawyer You have a loved one, friend, or employee available to drive you around until your license suspension ends. You are disabled and want to have a car for your caregiver to drive, but want to retain ownership of the vehicle. You own a business that requires a vehicle that licensed employees can drive. You would like to buy the car as a gift for someone who is licensed to drive. You have an underage child who has a license but is not old enough yet to finance the vehicle. You wish to purchase a collectible car which you have no intention of driving. You might hit a snag when you attempt to close the sale without a valid license, but a conversation with the seller or sales manager of the dealership should make it clear that, while you will be purchasing the car, you will not be driving it yourself. As long as you have the funds or access to financing, the seller should work with you. Is it Legal to Buy a Car while My License is Suspended? If you have thought about buying a car but the state suspended your license, all hope is not lost. There is no law preventing you from having a valid driver’s license to buy a car; however, you won’t be able to execute a test drive or drive it home yourself unless you’ve obtained a temporary license to drive to and from work. On the whole, it may be more difficult to get a title or insure a new vehicle with a suspended license. Get Behind the Wheel with the Help of a Suspended License Lawyer Baltimore suspended license lawyer Hillel Traub of The Law Office of Hillel Traub has served Baltimore and the surrounding areas for more than 20 years, helping residents regain their driving privileges and personal freedom. As a former Maryland Assistant Attorney General for the Maryland Motor Vehicle Administration (MVA), he fully understands the process behind license suspensions in the state and can fight aggressively against your suspension. There are many reasons your license may be suspended in Maryland, many of which have nothing to do with your ability as a driver. For that reason, contact attorney Hillel Traub as soon as the MVA notifies you of your license suspension. His insider knowledge of the MVA’s inner workings will help him achieve his goal of overturning or reducing the period of your suspension. Call (410) 220-6976 or complete our contact form for a free consultation. Contact Us

buy a car with a suspended license

Can I Purchase a Car with a Suspended License?

A suspended driver’s license typically presents roadblocks in daily life. From making it more challenging to get to and from places you need to go to restricting your personal freedom, many adverse effects usually follow the state’s decision to suspend a person’s driving privileges. Therefore, it sounds logical that in order to buy a new car, you’d need to have a valid license to prove to the seller you can legally drive your new vehicle. Oddly enough, while having a valid driver’s license would make the sale go more smoothly (and allow you to test drive the car and drive it home), you don’t need a valid license to purchase a vehicle in Maryland. Why Would I Buy a Car without a Valid Driver’s License? There are a few scenarios in which a person with a suspended license might want to purchase a vehicle. You might consider buying a car while your license is suspended when: Table of Contents Why Would I Buy a Car without a Valid Driver’s License? Is it Legal to Buy a Car while My License is Suspended? Get Behind the Wheel with the Help of a Suspended License Lawyer You have a loved one, friend, or employee available to drive you around until your license suspension ends. You are disabled and want to have a car for your caregiver to drive, but want to retain ownership of the vehicle. You own a business that requires a vehicle that licensed employees can drive. You would like to buy the car as a gift for someone who is licensed to drive. You have an underage child who has a license but is not old enough yet to finance the vehicle. You wish to purchase a collectible car which you have no intention of driving. You might hit a snag when you attempt to close the sale without a valid license, but a conversation with the seller or sales manager of the dealership should make it clear that, while you will be purchasing the car, you will not be driving it yourself. As long as you have the funds or access to financing, the seller should work with you. Is it Legal to Buy a Car while My License is Suspended? If you have thought about buying a car but the state suspended your license, all hope is not lost. There is no law preventing you from having a valid driver’s license to buy a car; however, you won’t be able to execute a test drive or drive it home yourself unless you’ve obtained a temporary license to drive to and from work. On the whole, it may be more difficult to get a title or insure a new vehicle with a suspended license. Get Behind the Wheel with the Help of a Suspended License Lawyer Baltimore suspended license lawyer Hillel Traub of The Law Office of Hillel Traub has served Baltimore and the surrounding areas for more than 20 years, helping residents regain their driving privileges and personal freedom. As a former Maryland Assistant Attorney General for the Maryland Motor Vehicle Administration (MVA), he fully understands the process behind license suspensions in the state and can fight aggressively against your suspension. There are many reasons your license may be suspended in Maryland, many of which have nothing to do with your ability as a driver. For that reason, contact attorney Hillel Traub as soon as the MVA notifies you of your license suspension. His insider knowledge of the MVA’s inner workings will help him achieve his goal of overturning or reducing the period of your suspension. Call (410) 220-6976 or complete our contact form for a free consultation. Contact Us

Can I Get 8 Points on My License From a Single Traffic Violation in Maryland?

Holding a driver’s license in Maryland comes with the responsibility of adhering to traffic laws to retain a clean driving record. Unfortunately, with just one wrong move behind the wheel, you could face lasting consequences that extend far beyond the initial citation. Accumulating eight points on your license from a single traffic violation in Maryland can lead to significant challenges, including increased insurance premiums, mandatory driver improvement programs, and even the suspension of your driving privileges. If you are facing the possibility of accruing eight points on your license from a single traffic violation in Maryland, do not wait to seek legal guidance. It only takes one traffic violation to jeopardize your driving record and financial well-being. At The Law Office of Hillel Traub, we are dedicated to helping you navigate the complexities of Maryland’s traffic laws and minimizing the impact of the violation on your driving record and future. Table of Contents What To Know About Maryland’s Driver’s License Points System Traffic Violations That Result in 8 Points on Your Maryland Driver’s License Schedule a Free Consultation with a Skilled Maryland Traffic Violation Lawyer Today What To Know About Maryland’s Driver’s License Points System Maryland employs a point system to track and penalize traffic violations. Under this system, each traffic offense is assigned a specific point value, ranging from 1 to 12 points, depending on the severity of the violation. While most minor violations carry minimal point assessments, certain offenses are considered more serious and can lead to higher point totals on a driver’s record. Points remain on your driving record for a certain period, typically two years from the date of the offense. As drivers in Maryland accumulate points, they face consequences such as increased insurance premiums, the requirement to attend driver improvement programs, and even license suspension in severe cases. Traffic Violations That Result in 8 Points on Your Maryland Driver’s License In Maryland,  several violations can result in eight points being added to your license from a single infraction. These include: Driving under the influence of alcohol or drugs (DUI/DWI) Leaving the scene of an accident involving property damage Fleeing or eluding law enforcement officers These offenses are considered major violations under Maryland law because they have the potential to endanger public safety and warrant significant penalties. As such, drivers found guilty of these offenses can expect harsh repercussions. Drivers may face potential fines, license suspension, or even criminal charges, but they may also experience significant increases in their auto insurance premiums. Insurers view drivers with high point totals as higher-risk clients, leading to higher premiums to offset the increased likelihood of future claims. If you find yourself facing a point violation in Maryland, it’s essential to take prompt and decisive action to address the situation. Seek legal counsel from an experienced traffic violation attorney who can help you understand your rights, explore potential defenses, and represent your interests in court, working to mitigate the impact on your driving record and insurance rates. Schedule a Free Consultation with a Skilled Maryland Traffic Violation Lawyer Today Receiving eight points on your license from a single traffic violation in Maryland is not something to take lightly. If you are facing the potential consequences of accumulating points on your license, The Law Office of Hillel Traub can help protect your rights. Attorney Hillel Traub, with over 30 years of experience and a background as a former lawyer for the Maryland Motor Vehicle Administration (MVA), is here to advocate for you. Schedule a free consultation with Attorney Traub and get the guidance you need to address your traffic violation effectively. Call (410) 709-6786 or reach out to us through our website to get started.

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