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when are drunk drivers not at fault for a car accident

Are Drunk Drivers Ever Not Responsible for a Car Accident?

Despite lawmaker’s best efforts, drunk driving still occurs in Maryland. Thousands of driving under the influence accidents happen every year, and there were 122 deaths from DUI accidents in 2018. Many people assume that a drunk driver is always at fault for an accident, but that might not always be the case. If you are facing DUI charges in Maryland, you should contact The Law Office of Hillel Traub. These are severe charges, and you will need an experienced defense attorney on your side to defend you in court. Table of Contents DETERMINING FAULT IN A DUI ACCIDENT WHEN IS THE OTHER DRIVER RESPONSIBLE IN A DUI ACCIDENT? HOW DOES MARYLAND’S CONTRIBUTORY NEGLIGENCE FACTOR IN? SPEAK TO A MARYLAND DUI DEFENSE ATTORNEY TODAY DETERMINING FAULT IN A DUI ACCIDENT When a DUI is involved in a car accident, courts cannot automatically assume the drunk driver is at fault. A jury or judge still must find them legally liable for property damage or injuries resulting from the accident. To do this, the other party’s attorney must establish these three components: Duty of care: This is the first step to proving fault. It establishes that one party owed a reasonable duty of care to prevent another from harm. Regarding automobiles, drivers must operate a vehicle with care at all times. Breach of care: A person breaches their duty of care if they do not act in a way that a reasonable person would in similar circumstances. If a driver was reckless, they might have breached the duty of care. Causation: An attorney establishes causation by showing a direct link between the breach with any property damage or injuries sustained. Ultimately, every case is different. Even if you were under the influence, if you were involved in a car accident, you might still need to seek damages for your injuries, which is why you must understand all the elements that can contribute to a successful case. WHEN IS THE OTHER DRIVER RESPONSIBLE IN A DUI ACCIDENT? There might be some instances where the other driver was primarily responsible for an accident, regardless of your BAC. Some examples of when the other driver may be liable include: The other driver ran a red light or stop sign Another driver was tailgating you, causing a rear-end collision The vehicle was traveling at excessive speeds The driver was operating on the wrong side of the road However, in cases where the jury is having difficulty determining fault, the defendant being drunk at the time of the accident may assist the plaintiff. You will need a DUI defense attorney to strongly present that your drunkenness was not a major contributing factor to the accident for the other driver to be liable. HOW DOES MARYLAND’S CONTRIBUTORY NEGLIGENCE FACTOR IN? Maryland is one of four states that follows contributory negligence. Under this rule, a court may bar an injured party from receiving damages if they were partially responsible for the accident. For example, say you were driving under the influence, traveling through the intersection while the light was green; however, a driver ran their red light, hitting you. In this case, a court may find both of you partially liable for the accident, barring both parties from collecting compensation from the other. However, just because a jury finds the other partially responsible for the accident and prohibits them from collecting damages, you may still face criminal charges. Driving under the influence of drugs or alcohol is a serious offense in Maryland. If a court convicts you of a DUI, you might face hefty fines, jail time, or license suspension. SPEAK TO A MARYLAND DUI DEFENSE ATTORNEY TODAY If you were drunk driving and in an accident that was not entirely your fault, contact Attorney Hillel Traub right away. These are complex situations, and your case will benefit from working with an experienced DUI defense attorney. Attorney Hillel Traub will launch a thorough investigation into your accident, prepare your case for trial, and aggressively represent you in court. To schedule a free consultation, call (410) 589-2794 or complete our online contact form.

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4 Defense Strategies for an MVA Hearing

Having your license suspended, whether due to a DUI or traffic offense, can significantly disrupt your life. In an MVA hearing, you and your lawyer stand before an administrative law judge with an opportunity to defend your case. Although an MVA hearing appears simpler than a courtroom trial, it involves very serious issues that can more directly and significantly impact your driver’s license and ability to drive. Attempting self-representation may hinder effectively conveying your stance, potentially leading to severe consequences. Speaking with an experienced MVA lawyer at The Law Office of Hillel Traub can be instrumental in ensuring your rights and interests are adequately represented. As a former lawyer for the MVA, Attorney Hillel Traub may employ several defense strategies, such as demonstrating you were not advised of the consequences of refusing blood or breath tests, officers did not have probable cause to arrest you, or you had a BAC of less than .08%, depending on the circumstances of your case. Table of Contents 4 Defense Strategies for an MVA Hearing 1. The Officer Lacked Probable Cause 2. You Were Not Advised of the Consequences of Refusing a Blood or Breathalyzer Test 3. Insufficient Evidence of a Crime 4. Impact of a Suspended License Contact an Experienced License Suspension Lawyer at The Law Office of Hillel Traub 4 Defense Strategies for an MVA Hearing When consulting with your lawyer about effectively representing your case, they can assist in developing strategies that clearly explain the events or demonstrate the broader impact of losing your license. Some of these defense strategies may include the following: 1. The Officer Lacked Probable Cause Law enforcement officers need a strong reason, known as probable cause, to believe that an individual was driving while intoxicated before arresting them for DUI or other driving infractions. If a person is arrested without this probable cause, they can contest the arrest at an MVA hearing. Success at this hearing is possible if your traffic violations lawyer can demonstrate that the arresting officer lacked probable cause. A lawyer has various strategies to argue the absence of probable cause. For instance, the attorney might build a defense by pointing out that the driver was following all traffic rules or suggest that the police stopped the motorist based on racial profiling rather than legitimate suspicion. 2. You Were Not Advised of the Consequences of Refusing a Blood or Breathalyzer Test Should an individual decline to undergo a chemical or breathalyzer test, the law requires the officer to inform the driver of the automatic one-year suspension of their driver’s license. This warning is provided in a written form, and officers are expected to read it verbatim. If an officer neglects to do this, the individual facing the DUI charge may have a favorable outcome at their MVA hearing. It is important to note that with the high frequency of DUI arrests, officers may sometimes either forget to properly inform individuals about the consequences of refusing a test, choose not to give the correct advice intentionally, or provide their own version of the warning instead of adhering to the scripted text. Any of these deviations can lead to a MVA hearing officer deciding to overturn the license suspension. 3. Insufficient Evidence of a Crime Insufficient evidence of a crime can be a valid defense for multiple cases. For example, in Maryland, it is commonly understood that a driver’s license can be suspended only if the driver is arrested for either declining a blood alcohol content (BAC) test or registering a BAC level of 0.08% or higher. If you can demonstrate that your BAC was below 0.08% and there is no additional evidence of any criminal activity, you may achieve a favorable outcome. 4. Impact of a Suspended License Having your license suspended can significantly disrupt your daily life and responsibilities, making tasks like grocery shopping or picking up your children from school difficult. Our society heavily relies on the ability to drive, and demonstrating the impact of your suspension on those around you could lead to milder penalties. Being well-prepared and confident in your defense is key to achieving your desired outcome. Working with an experienced lawyer at The Law Office of Hillel Traub can help you formulate a strong defense by employing the above strategies. Contact an Experienced License Suspension Lawyer at The Law Office of Hillel Traub Working with attorney Hillel Traub at The Law Office of Hillel Traub ensures that your interests will be represented diligently and effectively from initial consultation to resolution. With over 30 years of experience, Attorney Hillel Traub knows how to defend your rights in an MVA hearing to protect your driving privileges. Contact us for a free consultation today by calling (410) 709-6786 or filling out our contact form.

4 Defense Strategies for an MVA Hearing

Having your license suspended, whether due to a DUI or traffic offense, can significantly disrupt your life. In an MVA hearing, you and your lawyer stand before an administrative law judge with an opportunity to defend your case. Although an MVA hearing appears simpler than a courtroom trial, it involves very serious issues that can more directly and significantly impact your driver’s license and ability to drive. Attempting self-representation may hinder effectively conveying your stance, potentially leading to severe consequences. Speaking with an experienced MVA lawyer at The Law Office of Hillel Traub can be instrumental in ensuring your rights and interests are adequately represented. As a former lawyer for the MVA, Attorney Hillel Traub may employ several defense strategies, such as demonstrating you were not advised of the consequences of refusing blood or breath tests, officers did not have probable cause to arrest you, or you had a BAC of less than .08%, depending on the circumstances of your case. Table of Contents 4 Defense Strategies for an MVA Hearing 1. The Officer Lacked Probable Cause 2. You Were Not Advised of the Consequences of Refusing a Blood or Breathalyzer Test 3. Insufficient Evidence of a Crime 4. Impact of a Suspended License Contact an Experienced License Suspension Lawyer at The Law Office of Hillel Traub 4 Defense Strategies for an MVA Hearing When consulting with your lawyer about effectively representing your case, they can assist in developing strategies that clearly explain the events or demonstrate the broader impact of losing your license. Some of these defense strategies may include the following: 1. The Officer Lacked Probable Cause Law enforcement officers need a strong reason, known as probable cause, to believe that an individual was driving while intoxicated before arresting them for DUI or other driving infractions. If a person is arrested without this probable cause, they can contest the arrest at an MVA hearing. Success at this hearing is possible if your traffic violations lawyer can demonstrate that the arresting officer lacked probable cause. A lawyer has various strategies to argue the absence of probable cause. For instance, the attorney might build a defense by pointing out that the driver was following all traffic rules or suggest that the police stopped the motorist based on racial profiling rather than legitimate suspicion. 2. You Were Not Advised of the Consequences of Refusing a Blood or Breathalyzer Test Should an individual decline to undergo a chemical or breathalyzer test, the law requires the officer to inform the driver of the automatic one-year suspension of their driver’s license. This warning is provided in a written form, and officers are expected to read it verbatim. If an officer neglects to do this, the individual facing the DUI charge may have a favorable outcome at their MVA hearing. It is important to note that with the high frequency of DUI arrests, officers may sometimes either forget to properly inform individuals about the consequences of refusing a test, choose not to give the correct advice intentionally, or provide their own version of the warning instead of adhering to the scripted text. Any of these deviations can lead to a MVA hearing officer deciding to overturn the license suspension. 3. Insufficient Evidence of a Crime Insufficient evidence of a crime can be a valid defense for multiple cases. For example, in Maryland, it is commonly understood that a driver’s license can be suspended only if the driver is arrested for either declining a blood alcohol content (BAC) test or registering a BAC level of 0.08% or higher. If you can demonstrate that your BAC was below 0.08% and there is no additional evidence of any criminal activity, you may achieve a favorable outcome. 4. Impact of a Suspended License Having your license suspended can significantly disrupt your daily life and responsibilities, making tasks like grocery shopping or picking up your children from school difficult. Our society heavily relies on the ability to drive, and demonstrating the impact of your suspension on those around you could lead to milder penalties. Being well-prepared and confident in your defense is key to achieving your desired outcome. Working with an experienced lawyer at The Law Office of Hillel Traub can help you formulate a strong defense by employing the above strategies. Contact an Experienced License Suspension Lawyer at The Law Office of Hillel Traub Working with attorney Hillel Traub at The Law Office of Hillel Traub ensures that your interests will be represented diligently and effectively from initial consultation to resolution. With over 30 years of experience, Attorney Hillel Traub knows how to defend your rights in an MVA hearing to protect your driving privileges. Contact us for a free consultation today by calling (410) 709-6786 or filling out our contact form.

speeding defense

5 Ways Speeding Can Set You Back

The average American worker spends nearly half an hour on his way to work every morning, according to the U.S. Census Bureau. That means that, if you have a full-time job and work five days per week, you might spend more than four hours in traffic in just one week. The amount of time we spend in traffic can make many of us want to speed to cut down on this time; however, speeding tends to result in negative consequences. In many cases, drivers who were caught speeding ended up with more than just a traffic ticket. Many accidents take place because speeding drivers interrupted the flow of traffic. High-speed collisions often result in serious injuries, which may affect the speeding driver and others involved in the crash. When you’re tempted to speed in the Baltimore metro area, think twice. Table of Contents Potential Results of Speeding in Baltimore Gas Guzzler Increased Insurance Rates Auto Repairs Becoming Involved in a Personal Injury Lawsuit Traffic Tickets Working with an Excessive Speeding Lawyer Potential Results of Speeding in Baltimore While you’re racing to get ahead, you may not realize how speeding puts yourself and others in harm’s way. Some of the effects of speeding can outweigh what little time you gain. Gas Guzzler Speeding forces you to waste more gas when you drive, especially when you’re trying to get around rush hour traffic. Changing your speed rapidly uses more gasoline than maintaining a steady pace. Getting around some drivers to get stuck behind others forces you to be rough with your engine and brakes, which may also lead to costly repairs down the road. Increased Insurance Rates Car insurance companies base rates on a variety of factors, one of them being how well you drive. Since insurance companies aim to maximize profits, rates are lower for those who are less likely to file claims. If you accumulate traffic tickets, you become a greater liability to the insurance company, and they will increase your rates. You might even see a higher bill after one traffic ticket. The more severe the traffic offense, the greater the increase may be. Auto Repairs If you do get into an accident while speeding, the chances are likely that your vehicle will need costly repairs. The collision will also lead to a citation if police determine you were at fault. Your insurance company may also increase your rates after you file a claim with them to repair your vehicle. Becoming Involved in a Personal Injury Lawsuit One of the worst consequences of speeding takes place when a speeding driver causes an accident. The consequences of speeding are amplified when the accident produces victims. A high-speed collision may result in serious injuries, such as traumatic brain injuries, broken bones, and lacerations. While you are trying to heal, anyone you hurt may also fight your insurance company to cover the costs of their own damages. Traffic Tickets Even if your speeding doesn’t result in an accident, it may draw the attention of a traffic officer. Speeding can result in a citation that can require you to pay a pricey fine and add points to your driver’s license. Accumulating too many points can ultimately lead to the suspension of your license. You can choose to contest a traffic ticket by working with an experienced traffic ticket attorney in Baltimore and surrounding areas to help you reduce the fine or have your traffic charge dropped. Working with an Excessive Speeding Lawyer Excessive speeding is a serious traffic violation that can lead to a steep fine and points against your license. When you work with an attorney like Hillel Traub, you gain valuable legal representation that can help you negotiate the penalties against you. An attorney who handles excessive speeding cases can take measures to reduce the impact of your citation. The Law Office of Hillel Traub is a dedicated practice that resolves traffic offenses in Baltimore and surrounding areas. Attorney Hillel Traub is a former Attorney General for the Maryland Motor Vehicle Administration who understands how they issue citations and fines. He applies this experience when providing personal attention to his clients’ cases and fights for the reduction or dismissal of charges and fines. Call (410) 709-6786 or complete our contact form for a free consultation.

speeding defense

5 Ways Speeding Can Set You Back

The average American worker spends nearly half an hour on his way to work every morning, according to the U.S. Census Bureau. That means that, if you have a full-time job and work five days per week, you might spend more than four hours in traffic in just one week. The amount of time we spend in traffic can make many of us want to speed to cut down on this time; however, speeding tends to result in negative consequences. In many cases, drivers who were caught speeding ended up with more than just a traffic ticket. Many accidents take place because speeding drivers interrupted the flow of traffic. High-speed collisions often result in serious injuries, which may affect the speeding driver and others involved in the crash. When you’re tempted to speed in the Baltimore metro area, think twice. Table of Contents Potential Results of Speeding in Baltimore Gas Guzzler Increased Insurance Rates Auto Repairs Becoming Involved in a Personal Injury Lawsuit Traffic Tickets Working with an Excessive Speeding Lawyer Potential Results of Speeding in Baltimore While you’re racing to get ahead, you may not realize how speeding puts yourself and others in harm’s way. Some of the effects of speeding can outweigh what little time you gain. Gas Guzzler Speeding forces you to waste more gas when you drive, especially when you’re trying to get around rush hour traffic. Changing your speed rapidly uses more gasoline than maintaining a steady pace. Getting around some drivers to get stuck behind others forces you to be rough with your engine and brakes, which may also lead to costly repairs down the road. Increased Insurance Rates Car insurance companies base rates on a variety of factors, one of them being how well you drive. Since insurance companies aim to maximize profits, rates are lower for those who are less likely to file claims. If you accumulate traffic tickets, you become a greater liability to the insurance company, and they will increase your rates. You might even see a higher bill after one traffic ticket. The more severe the traffic offense, the greater the increase may be. Auto Repairs If you do get into an accident while speeding, the chances are likely that your vehicle will need costly repairs. The collision will also lead to a citation if police determine you were at fault. Your insurance company may also increase your rates after you file a claim with them to repair your vehicle. Becoming Involved in a Personal Injury Lawsuit One of the worst consequences of speeding takes place when a speeding driver causes an accident. The consequences of speeding are amplified when the accident produces victims. A high-speed collision may result in serious injuries, such as traumatic brain injuries, broken bones, and lacerations. While you are trying to heal, anyone you hurt may also fight your insurance company to cover the costs of their own damages. Traffic Tickets Even if your speeding doesn’t result in an accident, it may draw the attention of a traffic officer. Speeding can result in a citation that can require you to pay a pricey fine and add points to your driver’s license. Accumulating too many points can ultimately lead to the suspension of your license. You can choose to contest a traffic ticket by working with an experienced traffic ticket attorney in Baltimore and surrounding areas to help you reduce the fine or have your traffic charge dropped. Working with an Excessive Speeding Lawyer Excessive speeding is a serious traffic violation that can lead to a steep fine and points against your license. When you work with an attorney like Hillel Traub, you gain valuable legal representation that can help you negotiate the penalties against you. An attorney who handles excessive speeding cases can take measures to reduce the impact of your citation. The Law Office of Hillel Traub is a dedicated practice that resolves traffic offenses in Baltimore and surrounding areas. Attorney Hillel Traub is a former Attorney General for the Maryland Motor Vehicle Administration who understands how they issue citations and fines. He applies this experience when providing personal attention to his clients’ cases and fights for the reduction or dismissal of charges and fines. Call (410) 709-6786 or complete our contact form for a free consultation.

6 Common Causes of Distracted Driving in Maryland

6 Common Causes of Distracted Driving in Maryland

Maryland law prohibits all drivers from using a handheld device while driving. The law prohibits drivers from writing, sending, or receiving text messages or other electronic communications behind the wheel. However, not all Maryland drivers follow this law. Too many auto accidents stem from distracted drivers and understanding the most common causes of distracted driving could be vital to your case. To obtain compensation for your accident-related expenses, you must prove the other driver was negligent. Distracted driving is a form of negligence but proving it may be hard on your own. Hiring a Maryland auto accident attorney to assist you with your case can be helpful. Table of Contents What Is Distracted Driving? Examples of Distracted Driving in Maryland Distracted Driving Accident Attorney in Maryland Is Here to Help What Is Distracted Driving? According to the CDC, anything that takes a driver’s attention from the road is a distraction. The CDC also defines three main types of distraction: Visual: Taking your eyes off the road. Manual: Taking your hands off the wheel. Cognitive: Taking your mind off driving. Distracted driving kills thousands of people every year, so it’s essential to watch out for the signs when driving. Avoid vehicles that are braking suddenly, drifting between lanes, or speeding excessively. When it is safe, pull over and report them to law enforcement. Examples of Distracted Driving in Maryland Every Maryland resident who obtains a driver’s license has a reasonable expectation to keep themselves and others safe when operating a motor vehicle. However, many drivers still engage in distractions, creating an unnecessary risk. Six common causes of distracted driving include: Texting: Using a cell phone while driving is one of the most common causes of distracted driving. It’s so common that there are 1.6 million crashes every year because of drivers using their phones. GPS: Many people are dependent on GPS to arrive at their destination but setting up a route while driving is just as dangerous as texting. Even glancing at directions for a second is enough to cause an accident. Applying makeup: Surprisingly, many people apply makeup and drive simultaneously. This takes their eyes off the road and hands off the wheel, creating an extremely hazardous situation. Talking to passengers: When people drive with a passenger, it might feel natural to talk to them. When we talk to others, it’s even more natural to turn and look at them. However, this is a dangerous activity when driving since it takes the eyes off the road and causes a cognitive distraction. Interacting with pets: It’s not safe to drive with a pet loose in the vehicle. When pets move around the car or sit on a driver’s lap, they become a distraction. A sudden bark could cause a driver to brake suddenly or swerve into the other lane. Zoning out: Daydreaming on a long car drive is all too common. However, zoning out can cause a driver to drift into a different lane, run a red light, or rear-end a vehicle. Driving on autopilot is hazardous and happens too often. Distracted Driving Accident Attorney in Maryland Is Here to Help If you believe that a distracted driver caused your auto accident in Maryland, contact the Law Office of Hillel Traub today. Attorney Traub will launch a thorough investigation into the accident and look for evidence that proves the other driver was distracted. He does this by analyzing evidence, conducting witness interviews, and speaking with the police. When you partner with Attorney Traub, you can be confident he will do everything to reach a favorable outcome. To speak to an accomplished Maryland auto accident attorney, call (410) 709-6786 or complete our contact form today.

6 Common Causes of Distracted Driving in Maryland

6 Common Causes of Distracted Driving in Maryland

Maryland law prohibits all drivers from using a handheld device while driving. The law prohibits drivers from writing, sending, or receiving text messages or other electronic communications behind the wheel. However, not all Maryland drivers follow this law. Too many auto accidents stem from distracted drivers and understanding the most common causes of distracted driving could be vital to your case. To obtain compensation for your accident-related expenses, you must prove the other driver was negligent. Distracted driving is a form of negligence but proving it may be hard on your own. Hiring a Maryland auto accident attorney to assist you with your case can be helpful. Table of Contents What Is Distracted Driving? Examples of Distracted Driving in Maryland Distracted Driving Accident Attorney in Maryland Is Here to Help What Is Distracted Driving? According to the CDC, anything that takes a driver’s attention from the road is a distraction. The CDC also defines three main types of distraction: Visual: Taking your eyes off the road. Manual: Taking your hands off the wheel. Cognitive: Taking your mind off driving. Distracted driving kills thousands of people every year, so it’s essential to watch out for the signs when driving. Avoid vehicles that are braking suddenly, drifting between lanes, or speeding excessively. When it is safe, pull over and report them to law enforcement. Examples of Distracted Driving in Maryland Every Maryland resident who obtains a driver’s license has a reasonable expectation to keep themselves and others safe when operating a motor vehicle. However, many drivers still engage in distractions, creating an unnecessary risk. Six common causes of distracted driving include: Texting: Using a cell phone while driving is one of the most common causes of distracted driving. It’s so common that there are 1.6 million crashes every year because of drivers using their phones. GPS: Many people are dependent on GPS to arrive at their destination but setting up a route while driving is just as dangerous as texting. Even glancing at directions for a second is enough to cause an accident. Applying makeup: Surprisingly, many people apply makeup and drive simultaneously. This takes their eyes off the road and hands off the wheel, creating an extremely hazardous situation. Talking to passengers: When people drive with a passenger, it might feel natural to talk to them. When we talk to others, it’s even more natural to turn and look at them. However, this is a dangerous activity when driving since it takes the eyes off the road and causes a cognitive distraction. Interacting with pets: It’s not safe to drive with a pet loose in the vehicle. When pets move around the car or sit on a driver’s lap, they become a distraction. A sudden bark could cause a driver to brake suddenly or swerve into the other lane. Zoning out: Daydreaming on a long car drive is all too common. However, zoning out can cause a driver to drift into a different lane, run a red light, or rear-end a vehicle. Driving on autopilot is hazardous and happens too often. Distracted Driving Accident Attorney in Maryland Is Here to Help If you believe that a distracted driver caused your auto accident in Maryland, contact the Law Office of Hillel Traub today. Attorney Traub will launch a thorough investigation into the accident and look for evidence that proves the other driver was distracted. He does this by analyzing evidence, conducting witness interviews, and speaking with the police. When you partner with Attorney Traub, you can be confident he will do everything to reach a favorable outcome. To speak to an accomplished Maryland auto accident attorney, call (410) 709-6786 or complete our contact form today.

breathalyzer

6 Common Issues with Breathalyzer Tests

Breathalyzer tests are widely used by law enforcement to measure blood alcohol content (BAC), but they are far from perfect. These tests have been known to yield inaccurate results in some cases, sometimes leading to unjust charges. Knowing the limitations and potential errors associated with breathalyzer tests can make a significant difference in defending against a DUI charge. With over 30 years of experience in Maryland’s legal system, the Law Office of Hillel Traub has handled numerous cases involving the reliability of breathalyzer tests. These results are often subject to scrutiny due to improper calibration, maintenance issues, or human error during administration. As a former lawyer for the MVA, Attorney Hillel Traub applies a deep understanding of these complexities to help clients navigate such challenges effectively. Table of Contents Potential Pitfalls of Maryland Breathalyzer Tests Poor Calibration Environmental Factors Medical Conditions Prescription Medications Mouth Alcohol Contamination Improper Testing Procedures How an Attorney Can Challenge Your Breathalyzer Results Consult a Former MVA Attorney for Skilled DUI Defense in Maryland Potential Pitfalls of Maryland Breathalyzer Tests Breathalyzer tests assess whether a driver is under the influence, rapidly providing BAC results. Unfortunately, these results are not always accurate. Potential pitfalls may include: Poor Calibration An improperly calibrated breathalyzer could produce faulty results, potentially leading to unjust charges or dismissals. Defense attorneys often examine maintenance logs and calibration records to challenge inaccurate readings in court. Environmental Factors Breathalyzer results can be influenced by several external factors, including temperature, altitude, and even humidity. For instance, colder temperatures can slow the chemical reactions within the breathalyzer, potentially leading to incorrect results. Additionally, high altitudes or significant humidity levels can affect a person’s breathing pattern, which may interfere with BAC readings. Medical Conditions Certain medical conditions can influence breathalyzer results. For example, individuals with acid reflux or gastroesophageal reflux disease (GERD) may have alcohol present in their mouth rather than their breath, which can falsely elevate BAC readings. Similarly, diabetics may produce acetone in their breath, which some breathalyzers can misinterpret as alcohol. Prescription Medications Prescription medications, particularly those containing alcohol, can also lead to inaccurate breathalyzer results. In some cases, these medications produce alcohol vapor that a breathalyzer could mistakenly identify as consumed alcohol. Mouth Alcohol Contamination Breathalyzers are designed to measure alcohol in the deep lung air, also known as alveolar air. However, alcohol residue from recent consumption, dental work, or certain products like mouthwash can cause “mouth alcohol” contamination. If alcohol lingers in the mouth, the breathalyzer may detect it and provide an inaccurately high BAC reading. Improper Testing Procedures Law enforcement officers are trained to follow specific procedures when administering breathalyzer tests. Any deviation, such as rushing the test or not observing the individual for a set period before testing, can compromise results. Most jurisdictions require officers to observe a 15–20 minute waiting period before administering the test, allowing any residual alcohol in the mouth to dissipate. In high-pressure situations, officers may also inadvertently make mistakes. These errors can create opportunities for questioning the accuracy of the reported BAC level. How an Attorney Can Challenge Your Breathalyzer Results When fighting a DUI charge, an experienced attorney can be your strongest ally in challenging breathalyzer results. One of the most effective ways an attorney can help is by scrutinizing the calibration and maintenance records of the device used in your case. If the breathalyzer was not properly calibrated or maintained, your attorney can argue the results were unreliable. By requesting maintenance logs and calibration certificates, a skilled attorney can also identify any discrepancies or failures in the device’s upkeep that could have compromised its accuracy. Additionally, an attorney’s attention to detail and knowledge of proper testing protocols can often uncover significant flaws in the process that may lead to the dismissal of charges or a reduction in penalties. Consult a Former MVA Attorney for Skilled DUI Defense in Maryland At the Law Office of Hillel Traub, we know that inaccuracies in breathalyzer test results can lead to life-altering charges. As a former MVA lawyer with over 30 years of experience, Attorney Hillel Traub has handled numerous DUI cases where unreliable BAC readings were key. You deserve an attorney who understands these challenges and can effectively challenge flawed evidence in court. Call (410) 220-6976 or reach out via our contact form today.

breathalyzer

6 Common Issues with Breathalyzer Tests

Breathalyzer tests are widely used by law enforcement to measure blood alcohol content (BAC), but they are far from perfect. These tests have been known to yield inaccurate results in some cases, sometimes leading to unjust charges. Knowing the limitations and potential errors associated with breathalyzer tests can make a significant difference in defending against a DUI charge. With over 30 years of experience in Maryland’s legal system, the Law Office of Hillel Traub has handled numerous cases involving the reliability of breathalyzer tests. These results are often subject to scrutiny due to improper calibration, maintenance issues, or human error during administration. As a former lawyer for the MVA, Attorney Hillel Traub applies a deep understanding of these complexities to help clients navigate such challenges effectively. Table of Contents Potential Pitfalls of Maryland Breathalyzer Tests Poor Calibration Environmental Factors Medical Conditions Prescription Medications Mouth Alcohol Contamination Improper Testing Procedures How an Attorney Can Challenge Your Breathalyzer Results Consult a Former MVA Attorney for Skilled DUI Defense in Maryland Potential Pitfalls of Maryland Breathalyzer Tests Breathalyzer tests assess whether a driver is under the influence, rapidly providing BAC results. Unfortunately, these results are not always accurate. Potential pitfalls may include: Poor Calibration An improperly calibrated breathalyzer could produce faulty results, potentially leading to unjust charges or dismissals. Defense attorneys often examine maintenance logs and calibration records to challenge inaccurate readings in court. Environmental Factors Breathalyzer results can be influenced by several external factors, including temperature, altitude, and even humidity. For instance, colder temperatures can slow the chemical reactions within the breathalyzer, potentially leading to incorrect results. Additionally, high altitudes or significant humidity levels can affect a person’s breathing pattern, which may interfere with BAC readings. Medical Conditions Certain medical conditions can influence breathalyzer results. For example, individuals with acid reflux or gastroesophageal reflux disease (GERD) may have alcohol present in their mouth rather than their breath, which can falsely elevate BAC readings. Similarly, diabetics may produce acetone in their breath, which some breathalyzers can misinterpret as alcohol. Prescription Medications Prescription medications, particularly those containing alcohol, can also lead to inaccurate breathalyzer results. In some cases, these medications produce alcohol vapor that a breathalyzer could mistakenly identify as consumed alcohol. Mouth Alcohol Contamination Breathalyzers are designed to measure alcohol in the deep lung air, also known as alveolar air. However, alcohol residue from recent consumption, dental work, or certain products like mouthwash can cause “mouth alcohol” contamination. If alcohol lingers in the mouth, the breathalyzer may detect it and provide an inaccurately high BAC reading. Improper Testing Procedures Law enforcement officers are trained to follow specific procedures when administering breathalyzer tests. Any deviation, such as rushing the test or not observing the individual for a set period before testing, can compromise results. Most jurisdictions require officers to observe a 15–20 minute waiting period before administering the test, allowing any residual alcohol in the mouth to dissipate. In high-pressure situations, officers may also inadvertently make mistakes. These errors can create opportunities for questioning the accuracy of the reported BAC level. How an Attorney Can Challenge Your Breathalyzer Results When fighting a DUI charge, an experienced attorney can be your strongest ally in challenging breathalyzer results. One of the most effective ways an attorney can help is by scrutinizing the calibration and maintenance records of the device used in your case. If the breathalyzer was not properly calibrated or maintained, your attorney can argue the results were unreliable. By requesting maintenance logs and calibration certificates, a skilled attorney can also identify any discrepancies or failures in the device’s upkeep that could have compromised its accuracy. Additionally, an attorney’s attention to detail and knowledge of proper testing protocols can often uncover significant flaws in the process that may lead to the dismissal of charges or a reduction in penalties. Consult a Former MVA Attorney for Skilled DUI Defense in Maryland At the Law Office of Hillel Traub, we know that inaccuracies in breathalyzer test results can lead to life-altering charges. As a former MVA lawyer with over 30 years of experience, Attorney Hillel Traub has handled numerous DUI cases where unreliable BAC readings were key. You deserve an attorney who understands these challenges and can effectively challenge flawed evidence in court. Call (410) 220-6976 or reach out via our contact form today.

Close up of a police cop writing a traffic ticket or fine to a male driver in his car for speeding

6 Myths About Traffic Offenses in Maryland

Traffic offenses in Maryland are more common than you might think, affecting countless drivers each year. Despite their prevalence, misinformation about these violations is widespread, leading to confusion and unnecessary anxiety among motorists. It’s time to debunk these myths and provide clarity on what you need to know when facing a traffic offense in our state. One prevalent myth is that minor traffic infractions don’t warrant legal representation. In reality, even seemingly minor offenses can have significant consequences, from hefty fines to points on your license that could lead to increased insurance rates or even license suspension. Whether you’re facing a minor infraction or a more serious charge, having The Law Office of Hillel Traub by your side can make all the difference in navigating the legal system effectively. Table of Contents Debunking Fallacies About Traffic Violations in Maryland Myth #1: “Paying the Fine Makes It Go Away” Myth #2: “You Can’t Fight a Traffic Ticket” Myth #3: “Traffic Tickets Always Lead to License Suspension” Myth #4: “You Can’t Challenge Radar or Speeding Tickets” Myth #5: “Hiring a Lawyer Is Too Expensive” Myth #6: “Traffic Violations Won’t Impact My Insurance Rates” How The Law Office of Hillel Traub Can Help You Navigate Traffic Offenses in Maryland Debunking Fallacies About Traffic Violations in Maryland Many of us have faced the frustration and uncertainty that come with traffic offenses in Maryland. The consequences can feel daunting, but understanding the myths versus realities can make a significant difference in how you navigate this situation. Some common myths about traffic offenses in Maryland include: Myth #1: “Paying the Fine Makes It Go Away” It’s tempting to think that paying the fine is the easiest solution. However, this can sometimes be a costly mistake. Paying a traffic ticket can lead to points on your license, increased insurance rates, and, in some cases, license suspension. Instead of assuming there’s no other choice, explore how challenging the ticket could potentially improve your situation. Myth #2: “You Can’t Fight a Traffic Ticket” This is a common misconception. Many people believe that fighting a traffic ticket is futile, but that is not always the case. With a skilled attorney like Hillel Traub on your side, you may be able to contest the ticket, negotiate reduced charges, or even have the case dismissed. Every situation is unique, and having the right representation can make a significant difference. Myth #3: “Traffic Tickets Always Lead to License Suspension” While serious violations can indeed lead to license suspension, not every traffic ticket results in losing your driving privileges. The outcome depends on factors such as the nature of the offense, your driving record, and whether you take appropriate legal action. Myth #4: “You Can’t Challenge Radar or Speeding Tickets” Many believe that radar or speeding tickets are impossible to challenge successfully. However, these tickets are not infallible. Errors in calibration, maintenance records, or the officer’s procedure could potentially invalidate the ticket. An experienced attorney can evaluate these factors and advocate on your behalf. Myth #5: “Hiring a Lawyer Is Too Expensive” Some individuals hesitate to hire a lawyer, fearing high costs. However, the potential long-term consequences of a traffic offense – such as increased insurance premiums or even job implications – often outweigh the initial legal fees. Many attorneys, including Hillel Traub, offer free consultations to discuss your case and outline potential costs upfront. Myth #6: “Traffic Violations Won’t Impact My Insurance Rates” Insurance companies typically review your driving record when determining your premiums. Traffic violations, especially serious offenses or an accumulation of points, can lead to higher rates. Addressing violations promptly with legal assistance may mitigate potential impacts on your insurance costs. How The Law Office of Hillel Traub Can Help You Navigate Traffic Offenses in Maryland Facing a traffic offense can be overwhelming and confusing, especially with so much misinformation out there. At The Law Office of Hillel Traub, we understand the intricacies of Maryland traffic law and are dedicated to helping you navigate these challenges. As a former lawyer for the MVA, Attorney Hillel Traub brings a unique advantage to defending your case. Don’t let traffic offenses disrupt your life. Addressing these charges promptly and effectively can protect your driving record, insurance rates, and future. Whether you’re dealing with a minor infraction or a serious charge, Attorney Traub can help you understand your options and fight for the best possible outcome. Contact us today at (410) 352-7575 or through our contact form to discuss your case and learn how we can assist you.

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