Maryland is one of 26 states in the U.S. that have decriminalized marijuana. Because of that, residents have a certain amount of protection once unheard of when law enforcement suspects that a person is smoking it. That includes protection from unreasonable searches and seizures, even if the police find you in your car reeking of marijuana smoke.
A unanimous decision last year by the state’s Court of Appeals determined that police violated a man’s Fourth Amendment rights when he was physically searched after police found him sitting in a vehicle smelling of marijuana. While the police were within their rights to search his vehicle, conducting a physical search of the man was illegal. The resulting cocaine that they discovered in the man’s pocket then became inadmissible in court, and police could not press charges for the narcotic possession or the intent to distribute.
- What are Maryland’s Laws on Marijuana?
- What is Probable Cause Relating to the Fourth Amendment?
- Four Categories of Probable Cause
- Contact Hillel Traub for Experienced Criminal Traffic Defense
What are Maryland’s Laws on Marijuana?
Maryland voted to decriminalize marijuana in 2014, making it a civil offense that’s punishable by a $100 fine for any possession under ten grams. Decriminalization means that first-time offenders using marijuana for personal consumption can’t get arrested, booked in jail, or given a criminal record. The decriminalized act is now treated as lightly as a minor traffic offense.
In the case that resulted in violations to the man’s Fourth Amendment rights against unreasonable and unfair searches and seizure, the Court of Appeals documents stated:
“In the post-decriminalization era, the mere odor of marijuana coupled with possession of what is clearly less than ten grams of marijuana, absent other circumstances, does not grant officers probable cause to effectuate an arrest and conduct a search.”
Possessing fewer than 10 grams of marijuana is not a crime in Maryland, so police officers did not have probable cause to search the man found sitting in a Chevrolet Trailblazer in an otherwise empty parking lot – despite the smell of “freshly burnt” marijuana in the air. Rather, the officers were only within their legal limit to search the vehicle.
What is Probable Cause Relating to the Fourth Amendment?
Probable cause is explained as a reasonable person’s belief that another person has, is, or will commit a crime. This belief that a person has or will commit a crime must be based on facts, not suspicion or a hunch. The court will determine if probable cause existed by examining whether a reasonably intelligent person would, under the same circumstances, believe that a crime was being committed.
There must be substantial evidence to support probable cause before a police officer may conduct an arrest or “search and seizure.” In securing a search or arrest warrant with a judge, law enforcement officers must provide evidence to demonstrate probable cause. If a police officer makes an arrest or conducts a search without a warrant, he or she must prove probable cause to justify their actions. If they cannot establish probable cause, any evidence they found during the search may not be used in court.
Four Categories of Probable Cause
Probable cause fall into one of four categories:
- Observational Evidence: This is based on what a police officer hears, sees, and smells. For example, if an officer saw a person looking into car windows late at night while carrying a baseball bat, that would be probable cause to search the man.
- Circumstantial Evidence: When evidence has been gathered and all circumstances together imply that a crime has been committed, that is circumstantial evidence.
- Expertise: Police officers can use their knowledge and expertise to gather evidence of a crime. For example, an officer who can interpret gang graffiti can conclude that criminal activity had ensued.
- Informational Evidence: Receiving or hearing information, like through a confidential informant, is considered information that can be used.
Sometimes, other proof must supplement evidence in one of these four categories. Circumstantial evidence, for example, may require additional sources of evidence to equate probable cause. Other times, the evidence is so strong that it can stand on its own, without supplemental proof.
Contact Hillel Traub for Experienced Criminal Traffic Defense
The Fourth Amendment to the Constitution was created to protect Americans from unlawful searches and seizures. It’s important to understand these rights, along with others, to protect yourself. In Maryland, merely smelling like marijuana is not enough probable cause to permit a search. If you were threatened in your vehicle and believe that your rights were violated in Maryland, contact Attorney Hillel Traub for legal help.
The Law Office of Hillel Traub serves residents of Baltimore and surrounding areas by providing knowledgeable traffic defense with personal care to each case. With more than 20 years of experience challenging allegations of criminal wrongdoing, and as a former Assistant Attorney General for the Maryland MVA, you can confide in Attorney Hillel Traub when seeking to resolve your criminal traffic matter.
To schedule a free consultation and discuss your legal options today, complete an online contact form or call at (410) 352-7575.
DUI convictions have a long-lasting impact on your relationship with your friends, loved ones, and career. The ways these criminal charges can change your life vary, however, from person to person.
While the greatest of the impacts—financial strain, for example, and loss of opportunities for work—are well-known, there are subtler ways an unchallenged conviction can upend your day-to-day life. These include:
- Taking Away Your Personal Autonomy
- Compounding Mental Health Problems
- Opening You Up to a Civil Lawsuit
- Limiting Your Access to Children and/or Young Family Members
- Our Attorneys Challenge Your DUI Charge in Criminal Court
Taking Away Your Personal Autonomy
The severity of the consequences tied to a drunk driving conviction can vary depending on your existing criminal history. If you have previous convictions that have gone unchallenged on your record, you may find that Maryland may revoke your license upon your next infraction.
If you find your license revoked, your ability to take care of yourself can take a notable nosedive. It will be much more difficult for you to get your groceries, go to the movies, or otherwise do things you enjoy on a daily basis. While you can walk from place to place or even take a bus, your lack of a car can leave you feeling frustrated with your lack of control over your life.
Compounding Mental Health Problems
The aforementioned lack of autonomy does more than make your day-to-day life difficult to contend with. If you’re contending with mental health issues, the isolation brought about by your DUI conviction can leave you in an uncomfortable position. You may no longer have the means to get the help you need with your mental health in the wake of your conviction.
The good news is that many mental health professionals offer online services to anyone in need. Transitioning from in-person care can be a challenge, though. You may also find it more difficult to access any medication you need if Maryland’s revoked your license and you’re not able to make it to the pharmacy as often.
Opening You Up to a Civil Lawsuit
You can face more than criminal consequences if you endure a DUI conviction. Any parties you hit or otherwise injured in your accident may bring a civil lawsuit up against you. A civil complaint can see you have to pay damages out to parties who suffered losses in your accident.
The financial strain of your drunk driving fines and possible civil losses can leave you in an uncomfortable position. Fortunately, you can work with a DUI attorney to protect yourself from the fees that come with a civil lawsuit. We can discuss how you may want to approach civil ligation during a free initial case consultation.
Limiting Your Access to Children and/or Young Family Members
There is a chance that your DUI conviction may impact any existing custody agreements you may have with an ex-partner. An ex-spouse may use your DUI conviction to request a modification to your existing agreement, thus limiting your access to your children.
While you can collaborate with an attorney to defend your right to support your child, the need to can be painful. What’s more, lack of access to your car, if your license has been revoked, may make it difficult for you to defend your right to be with your child.
Our Attorneys Challenge Your DUI Charge in Criminal Court
The consequences of an unchallenged DUI are severe, to say the least. You may have to deal with more than fines and jail time, though. Once you’ve contended with the legal consequences of your charges, you may be left with familial and personal challenges that last for years at a time.
Fortunately, you have the right to fight back against a DUI charge. At The Law Office of Hillel Traub, we know the local courts and have a proven track record. Hillel Traub, a former lawyer from MVA, has your best interest in mind and wants to do everything he can to have your charges reduced or dropped. Contact us at (410) 352-7575 or fill out our contact form to arrange a free consultation.
Losing your driver’s license can feel like losing a part of your independence. Not being able to drive yourself to work, pick up your kids from school, or even run simple errands can be incredibly frustrating and disruptive to your daily life. Public transportation and relying on others for rides might not always be feasible, leaving you feeling stranded and frustrated. This loss of mobility can affect your job, your family responsibilities, and your overall quality of life.
Getting your license reinstated is crucial, and having the right legal support can make all the difference. If you’ve had your Maryland driver’s license suspended or revoked, The Law Office of Hillel Traub can help. With over 30 years of experience, Attorney Hillel Traub has helped thousands of Maryland residents tackle driving-related legal battles. As a former lawyer for the Maryland Motor Vehicle Administration (MVA), he has the knowledge, experience and skills needed to effectively advocate on your behalf.
- What You Should Know About License Suspensions and Revocations in Maryland
- How The Law Office of Hillel Traub Can Help Reinstate Your Maryland Driver’s License
What You Should Know About License Suspensions and Revocations in Maryland
In Maryland, a driver’s license can be suspended or revoked for various reasons, including traffic violations, DUI/DWI convictions, and failure to pay fines. A suspension is usually temporary, and your driving privileges can be reinstated after meeting specific requirements. On the other hand, a revocation means your license is canceled, and you will need to go through a more rigorous process to have it reissued.
The process to reinstate your Maryland driver’s license is complex and typically includes:
Completing Required Programs
Enlisting the help of a knowledgeable attorney can significantly simplify this process and increase your chances of successfully reinstating your driving privileges. You may be required to complete alcohol education classes, driver improvement programs, or other mandated courses. Your attorney can help you understand and explain what you need to do to complete these requirements.
Paying Fines and Fees
Throughout the process, a Mr. Traubprovides personalized support and guidance through every step of the process. a lawyer can assist in determining what fines and fees are due and help ensure they are paid promptly and correctly.
Requesting and Preparing for Hearings
If your case requires a hearing before the MVA, having an attorney represent you can be invaluable. They can advocate on your behalf, present evidence, and make compelling arguments to support the reinstatement of your license. Their experience and familiarity with the MVA’s procedures can make a significant difference in the outcome of your hearing.
Submitting Necessary Documentation
A lawyer can also help ensure that you remain in compliance with all MVA requirements, including maintaining valid auto insurance and completing any additional steps necessary for reinstatement. They can help gather and submit all required documentation to the MVA, ensuring everything is in order.
How The Law Office of Hillel Traub Can Help Reinstate Your Maryland Driver’s License
Losing your driver’s license can be incredibly disruptive. At The Law Office of Hillel Traub, we understand how essential driving is for your daily life. With over 30 years of experience and a background as a former lawyer for the MVA, Attorney Traub brings a unique advantage in handling driver’s license reinstatement cases. He provides personalized support and guidance through every step of the process, from completing required programs and paying fines to preparing for hearings and submitting necessary documentation.
Choosing the right attorney is crucial in successfully reinstating your driving privileges. Contact us at (410) 352-7575 or through our contact form to get started on restoring your driving privileges as quickly and efficiently as possible.
As Maryland’s roads become increasingly congested with traffic, ensuring the safety of both drivers and emergency responders has never been more critical. Fortunately, our state has implemented a powerful law designed to protect those who dedicate their lives to saving others: the Move Over Law. Often overlooked, Maryland’s Move Over Law demands a shift in mindset and behavior behind the wheel, urging drivers to move aside and provide a clear path for emergency vehicles. Beyond its legal implications lies a profound message of compassion, responsibility, and the collective effort to safeguard lives on the road.
At The Law Office of Hillel Traub, we have a deep understanding of Maryland’s Move Over Law and its implications for accident victims. With over 30 years of experience and a commitment to advocating for his clients’ rights, Attorney Hillel Traub is dedicated to providing supportive and knowledgeable legal representation to individuals who have suffered injuries due to the negligence of others.
- Understanding Maryland’s Move Over Law
- The Impact of Maryland’s Move Over Law on Personal Injury Cases
- Were You Injured in an Accident Involving Maryland’s Move Over Law? We Can Help
Understanding Maryland’s Move Over Law
Maryland’s Move Over Law mandates that drivers move over to an adjacent lane away from the emergency vehicle when it is safe to do so. If changing lanes is not feasible due to traffic conditions or other factors, drivers must reduce their speed to a safe and prudent level, considering the surrounding circumstances.
The law applies to a wide range of emergency vehicles, including:
- Police cars
- Fire trucks
- Ambulances
- Tow trucks
- Other roadside assistance vehicles displaying flashing lights while attending to emergencies or assisting motorists
Violating Maryland’s Move Over Law can have in serious consequences, including fines and points on your driving record. The penalties for disregarding this law are intended to deter unsafe driving practices and encourage compliance among motorists. Additionally, failing to adhere to this law can have far-reaching implications, potentially endangering the lives of emergency responders and other individuals on the road.
The Impact of Maryland’s Move Over Law on Personal Injury Cases
In personal injury cases involving accidents with emergency vehicles, law enforcement officers, or other roadside workers, compliance with Maryland’s Move Over law can play a crucial role in determining liability and the case outcome.
When a driver fails to move over or slow down as required by the law and causes an accident resulting in injuries or fatalities, they may be liable for negligence. Conversely, if the injured party fails to comply with the Move Over law themselves, it could impact their ability to recover damages in a personal injury claim.
If you were injured in a traffic incident covered by Maryland’s Move Over law, do not wait to seek legal advice from an experienced personal injury attorney who can assess your case, protect your rights, and advocate for fair compensation on your behalf.
Were You Injured in an Accident Involving Maryland’s Move Over Law? We Can Help
As a former lawyer for the Maryland Motor Vehicle Administration (MVA), Attorney Hillel Traub has the experience and insight needed to navigate your Maryland motor vehicle accident case effectively. Whether you were involved in a collision with an emergency vehicle or were injured due to another driver’s failure to comply with the Move Over Law, The Law Office of Hillel Traub is here to help. We advocate for the rights of accident victims and pursue the compensation they deserve for their injuries.
Contact us today for a free consultation, and let us fight for the justice and compensation you deserve. Call (410) 352-7575 or complete our contact form to get started.
In Maryland, there are two different ways your case can be tried in court: a bench trial in district court or a jury trial in circuit court. Knowing the difference between the two trials is vital when preparing your case. District courts generally handle misdemeanors and traffic violations. In contrast, circuit courts handle cases requested to be tried by jury and most felonies.
If you are currently facing a criminal charge, you should contact a skilled attorney to represent you in your case. Consider bringing your case to The Law Office of Hillel Traub.
- What Are Bench Trials?
- What Are Jury Trials?
- Jury vs. Bench Trials
- Contact a Skilled Maryland Criminal Defense Attorney
What Are Bench Trials?
Bench trials are held only in front of a judge, who decides the verdict. While it may seem intimidating to have your case heard only in front of a judge, there are some advantages to a bench trial: speed, understanding of the law, and controlled emotions and allegations.
Speed
Once a bench trial is determined, the judge quickly sets a date. Since there’s no jury selection, it can begin well before a jury trial would. Also, the defense and prosecution will not have to wait for a jury’s decision. In some cases, it may take days for them to reach a verdict since all 12 jurors must agree. The only one who needs convincing in a bench trial is the judge, beyond a reasonable doubt.
Understanding of the Law
Almost all criminal cases involve complex legal issues. Judges spend years, if not decades, learning the law and practicing it. On the other hand, juries are made up of your peers, and most jurors do not have a legal background. Jurors must decide what evidence they believe is true and then apply the law to those facts. Defense attorneys often have concerns that jurors may not correctly understand the law in complex cases.
Controlled Emotions and Allegations
In most cases, facts about the trial will come out, which may sway jurors’ emotions, so there’s always a chance that a jury may rule based on emotions, not facts. A judge instructs jurors not to watch the news or read articles, but jurors may still do their own research. Any criminal defense attorney will do their best to keep biased jurors off the case, but not everyone is honest or open about their biases. Judges have typically seen and heard many emotionally charged cases, and they are less likely to let emotions fuel their decision-making.
What Are Jury Trials?
On the other hand, jury trials involve a group of 6 to 12 of your peers that listens to the case and determines if you’re guilty. Just like bench trials, there are advantages to a jury trial.
Multiple People Have to Be Convinced of Your Guilt
In bench trials, the defense and prosecution only need to convince one person the defendant is guilty or innocent: the judge. With jury trials, all jurors must agree. If even one person has doubts and refuses to vote, the judge may call a mistrial. In that case, the prosecution may elect to drop charges or retry the case later.
Jurors Are Easier to Convince
Some experienced criminal defense attorneys may try to sway jurors by playing on emotion to convince them the defendant is innocent. Defense attorneys may be able to portray their client’s story in front of a jury, giving them the full picture of the sequence of events. If the defense sways even one juror, the defendant cannot be convicted.
Jury vs. Bench Trials
In some misdemeanor cases, the defendant can choose whether to pursue a trial. Anyone charged with a crime is entitled to a jury if their potential penalties exceed more than 90 days in jail. So, for a case of driving while impaired, which has a maximum of 60 days in jail, you would not be entitled to a jury trial. But, if you’re charged with the misdemeanor of second-degree assault, which has maximum sentencing of 10 years, you can choose to have your case heard in front of jurors.
You should also keep in mind that if you choose a bench trial in district court and do not like the verdict, Maryland law allows you to appeal the decision and receive a new trial in the circuit court.
Key Differences
- Speed and Efficiency: Bench trials generally move more quickly than jury trials. Since there’s no jury selection process, bench trials can begin well before a jury trial would. Additionally, decision-making is typically faster since only the judge needs to be convinced rather than an entire jury panel.
- Understanding of Law: Judges spend years, if not decades, learning and practicing law. On the other hand, juries are made up of your peers, most of whom do not have legal backgrounds. Jurors must decide what evidence they believe is true and then apply the law to those facts. This difference can be significant in complex legal cases.
- Emotional Factors: In jury trials, some attorneys may try to sway jurors by playing on emotions to convince them the defendant is innocent. Facts about the trial may emerge that could sway jurors’ emotions, creating a possibility that a jury might rule based on emotions rather than facts. Judges, with their legal training, typically focus more strictly on legal standards and evidence.
Contact a Skilled Maryland Criminal Defense Attorney
If you’re facing criminal charges, you must immediately seek legal representation. Attorney Hillel Traub has been a member of the Maryland State Bar since 1988. Attorney Traub can help you understand the differences between trial and bench juries and recommend which one you should choose, if applicable.
Call (410) 352-7575 or complete an online contact form to schedule a free consultation.
Being behind the wheel of your car with a group of friends can be an exciting and memorable experience. But where is the line between having a good time and breaking the law? In Maryland, there are laws on the books that govern what is commonly known as “joyriding.”
When faced with a joyriding charge, you need experience and skill on your side. At The Law Office of Hillel Traub, our defense attorney has over 20 years of experience defending such cases. Knowing what joyriding is and the possible penalties you face if charged can alleviate some of the confusion and stress that surrounds this area of the law.
- What Is Joyriding in Maryland?
- Different Joyriding Scenarios
- How to Defend Against Joyriding Charges in Maryland
- Contact an Experienced Maryland Joyriding Attorney
What Is Joyriding in Maryland?
Joyriding is codified in the Criminal Code of Maryland as the unauthorized removal of property. As such, a joyriding charge is similar to theft in that it is taking someone else’s property without permission. So, what exactly is the difference between simply joyriding and outright theft of a vehicle?
The difference lies in the person’s intent: if the person intended to permanently separate the car from the owner, that would be considered felony theft. What the person intended to do after taking the car (i.e., selling it, keeping it, or scrapping it) would all factor into how the court would view the charge, but the fact that the person intended to permanently keep the original owner from their car rises to the level of a felony theft charge.
Conversely, if the person who took the car had the intention of returning it to the owner once they were finished, that would be considered joyriding. In Maryland, the penalties for joyriding include a potential jail sentence between six months to four years, depending on the facts of the case.
Different Joyriding Scenarios
Obviously, given the number of vehicles and population of Maryland, there is ample opportunity for joyriding and theft of vehicles. And because the line between joyriding and theft lies in the intent, there are a wide range of potential scenarios where joyriding can occur.
Singular Instance
Joyriding may be committed as a singular instance, most commonly by teenagers or children who take their parents’ vehicle without permission. Despite being a singular instance of joyriding, unlicensed or inexperienced drivers who take their parents’ car on a joyride are usually charged with a felony, especially when they drive recklessly at high speed or damage other vehicles.
DUI/DWI
A vast majority of joyriding scenarios also involve driving under the influence of drugs or alcohol. Obviously, these actions are dangerous enough at any time, but factoring in the high speeds or recklessness common in joyriding situations makes this much more dangerous. Poor judgment, lack of reflexes, and swerving and speeding may lead to crashes and multiple injuries.
Combining Violations
Whenever there is a joyriding scenario, the joyriding charge may very well be the least serious. Most likely, reckless driving, failing to obey traffic signals, speeding, DUI/DWI, or theft will all be tacked on to a joyriding charge. The more egregious the conduct, the harsher the potential penalties.
How to Defend Against Joyriding Charges in Maryland
Given the nature of how joyriding charges are assessed, there are several ways to defend against such a charge. One of the most common defenses revolves around consent. Being able to show that the owner of the vehicle consented to its use means that no joyriding was committed. However, if joyriding is involved, consent will be difficult to prove. Other common defenses include:
- Claiming a misunderstanding
- Questioning the ownership of the vehicle
- Violation of Constitutional rights
Again, defending against a joyriding charge is highly dependent on the experience and knowledge of your attorney. That’s why it’s in your best interest to contact a Maryland joyriding attorney as soon as possible to get a handle on your case.
Contact an Experienced Maryland Joyriding Attorney
A joyriding conviction could result in severe legal penalties. With over 20 years of experience, The Law Offhttp://www.traublaw.com/contact-usice of Hillel Traub have built their practice by defending all types of criminal offenses throughout Baltimore and the State of Maryland. Having previously worked for the Assistant Attorney General for the Maryland Motor Vehicle association, Attorney Hillel Traub has extensive contacts and knowledge regarding traffic offenses and how they are handled. To schedule a free initial consultation, complete our contact form or call our office at (410) 850-1100.
Police officers periodically set up driving under the influence (DUI) checkpoints all across Maryland to combat drunk drivers and keep everyone safe. As long as you are sober, you should be fine. However, the smell of alcohol alone may be enough to face legal issues regarding your driver’s license in Maryland. If you face DUI charges in Maryland, contact Attorney Hillel Traub of the Law Office of Hillel Traub. He’s well-versed in fighting drunk driving charges, and he can help you understand the potential consequences of a conviction.
Can I Be Arrested If a Police Officer Smells Alcohol in My Car?
In September 2011, a Maryland Police State Trooper pulled over a driver for a traffic violation. The officer then detected a moderate amount of alcohol from the driver and asked him to complete a standardized field sobriety test. The driver refused, and there was also no indication that he had trouble driving. Additionally, there was no evidence the driver had slurred speech or difficulty walking and standing. Yet, the police officer detained the man, transported him to the police station, and demanded he take a breath test.
- Can I Be Arrested If a Police Officer Smells Alcohol in My Car?
- What Are the Penalties for Refusing a DUI Test in Maryland?
- Contact a Skilled Maryland DUI Defense Attorney Today
The man still refused, and his case eventually came before a Maryland court. He argued that there was not enough evidence of drunkenness to warrant a breath test. However, the Maryland Court of Appeals disagreed, holding that the smell of alcohol by itself was sufficient enough to require a sobriety test. Furthermore, the court stated that a police officer cannot arrest a driver solely on a moderate odor of alcohol on their breath.
What Are the Penalties for Refusing a DUI Test in Maryland?
The Court also ruled that an officer alleging the smell of alcohol is enough to suspend a driver’s license for 120 days. Refusing a breathalyzer test when a police officer has suspicion that you are driving under the influence results in an automatic 270-day license suspension. A second suspension can result in a one-year license suspension.
The only exception to having your license reinstated is to contact the Maryland Motor Vehicle Administration (MVA) within 10 days of the incident and request a hearing. If the MVA permits a hearing, they may reinstate your driving privileges if you install an ignition interlock device (IID).
Contact a Skilled Maryland DUI Defense Attorney Today
Whether an officer smells alcohol or you refuse a breathalyzer test, there will be repercussions that could affect your future. Even first-time DUI offenders will require the support of an experienced DUI defense attorney to achieve the best possible outcome for their case. Attorney Hillel Traub can explain your options and assess your case for potential defenses. He uses his former experience as an attorney for the MVA and crafts a robust defense for each case to protect his clients’ rights. To schedule a free consultation, call (410) 352-7575 or complete our contact form.
While your teenager may feel excited about their driver’s license and can’t wait to get out on the road, as a parent, you may feel anxious about the financial challenges and dangers out on the road. Not only are young drivers inexperienced and more likely to get into accidents, but they also need insurance in case of emergencies.Insurance for young drivers is more expensive because they are statistically more likely to get into accidents and experience trouble. You might question if putting them on your insurance is the right thing to do. However, all drivers must have auto insurance in Maryland, and if your teen is not on your insurance plan, they’ll need their own policy, and that can be even more extensive.
What Will Happen When I Add My Teen to My Insurance?
Maryland is one of 9 states that requires adding a teen driver to your car insurance policy. Adding your teen driver to your insurance is a cost-effective decision. An essential factor to note is who owns the vehicle they are driving. If the car is under their name, they are unable to fall under your policy. However, if they live in your household and drive one of the family cars, you can register them under your policy.Many parents opt for this option to save money and time. While you will start to pay more due to the risk of the other person, most young teen drivers are unable to pay for their insurance on their own and need financial assistance. If they drive without insurance and get into an accident, they can suffer severe consequences that can shape their future. Talk with your car accident attorney for more information on the best options for you and your family.
3 Ways to Prepare Your Teen for the Road
An essential component to keeping your insurance down and teenagers safe is preparing them for the road. Most young drivers only think about how exciting it is to drive and have new responsibilities. Follow the below suggestions to keep your teen safe and aware of driving dangers:
Enroll in Driving Safety Program
There are many great educational courses available for young drivers that help them gain practice and learn about how to stay safe on the road. While you may think that it’s better for you to teach them these essential skills, sometimes teenagers find it difficult to listen to their parents.
Set a Good Example
Children are constantly observing and minding their parent’s behavior. Following by example is an innate human behavior and helps us understand our surroundings and situations. When you follow the rules and drive safely, your children will most often follow your behavior.
Let Them Take the Wheel
Practice makes perfect. The more you offer your child to drive with you, the calmer they may feel without an authority figure helping them. You can catch unsafe mistakes and help your teen through stressful situations in a calm manner.With their new ability to drive, your teen will no longer need to ride the school bus or ask you to drive them to a friend’s house. This can feel frightening and exciting, but following the above suggestions can help you and your teen feel safe and prepared for the new uncharted territory.
Contact the Law Office at Hillel Traub for a Dependable Car Accident Lawyer
In situations where your teen has a traffic violation or gets into an accident, you may be at risk of a significant increase in insurance payments. Even if your child was not at fault, insurance companies could significantly increase your payments. If you find yourself in a similar situation, contact the Law Office of Hillel Traub for an experienced car accident lawyer. Attorney Hillel Traub has experience working with clients all across Maryland and providing them with the necessary tools and information for their case. Call (410) 352-7575 or fill out our contact form for more information about our services.
Is it Legal to Pass on the Right in Maryland?
When driving down a multi-lane road, drivers occasionally have to pass the car in front of them. They typically do this on the left side of the road, but many wonder if they’re allowed to pass on the right side in Maryland. Ultimately, it depends on the situation. Like many other states, the decision is left up to the driver if they deem it safe, but Maryland does have specific regulations regarding when you may pass on the right.
If you received a traffic ticket for passing on the right, reach out to The Law Office of Hillel Traub for legal assistance. Attorney Hillel Traub is a skilled traffic defense attorney who will investigate your violation and fight to have it dismissed.
- Maryland Law on Right-Side Passing
- Possible Defenses an Attorney Can Use to a Passing on the Right Traffic Ticket
- Contact a Skilled Traffic Violation Lawyer in Maryland
Maryland Law on Right-Side Passing
Section 21-303 of the Maryland Transportation Article titled General Rules Governing Overtaking and Passing Vehicles states that, in general, vehicles must pass others on the left. However, subsection D of the code permits passing on the right in certain circumstances.
Those circumstances are detailed further in Section 21-304, titled When Passing on the Right is Permitted. A driver can pass on the right in Maryland when:
- The overtaken vehicle is making a left-hand turn.
- Drivers are on highways that are wide enough for two or more traffic lanes going in the same direction.
- Drivers are on one-way roads where there’s no obstruction and wide enough for two or more lanes of moving traffic.
As long as you make a reasonably safe decision, it’s legal to pass on the right. Keep in mind that right-hand passing is more dangerous as you have a larger blind spot, making it easier to cause a car crash. Most exit ramps are also on the right, meaning many drivers are already merging from the far-right lane.
If a cop sees you pass on the right and does not think the move was safe, they may issue a citation.
Possible Defenses an Attorney Can Use to a Passing on the Right Traffic Ticket
The most common defense your Maryland traffic attorney will use is to argue that it was safe to pass on right. You may testify about the road conditions and rely on a cop’s dash cam as evidence to support your defense. Your attorney might also be able to determine whether other police officers issued similar citations in the location where you were stopped. If they didn’t, it could strengthen your case.
Contact a Skilled Traffic Violation Lawyer in Maryland
Your best defense to a passing on the right violation that you believed it was safe to merge at that time. This will be hard to prove without skilled representation, so you’ll need the assistance of a Maryland traffic attorney. Hillel Traub is an accomplished legal professional with over 20 years of experience. As a former attorney for the Maryland Motor Vehicle Administration, he has a unique understanding of traffic violations other attorneys do not. This makes him an ideal option for effective representation after a traffic ticket.
Call (410) 352-7575 or complete an online contact form today to schedule your free consultation.
When you’re driving and you see flashing blue lights appear behind your vehicle, it can be an intimidating experience for any Maryland driver. If the police officer begins asking whether you’ve had anything to drink, the experience becomes especially alarming. When law enforcement suspects that you’re driving under the influence of drugs or alcohol, they will ask you to take a breathalyzer test so your blood alcohol content (BAC) can be measured. If you experience this, you’ll undoubtedly wonder whether you can refuse the breath test.
In Maryland, anyone who drives a vehicle is considered to have consented to a chemical or breath test when lawfully stopped for suspicion of intoxicated driving—a law known as implied consent. But does this give law enforcement full entitlement to request a breathalyzer test from you? Let’s consider what may happen if you refuse.
- When Do Police Officers Require a Breathalyzer Test from Drivers in Maryland?
- What Happens If I Refuse a Breathalyzer Test in Maryland?
- What Should I Do If I’m Pulled Over for Suspected DUI in Maryland?
- Consult with an Experienced Baltimore DUI Attorney
When Do Police Officers Require a Breathalyzer Test from Drivers in Maryland?
Police officers use breathalyzer tests when they have reasonable suspicion that a driver is under the influence of alcohol. The test measures the driver’s BAC, and any reading over the legal limit of .08 may result in an arrest for DUI. However, despite the widespread use of breathalyzer tests, they are not always accurate.
It’s critical for Maryland drivers to understand that law enforcement can only ask you to take a breath test if you’ve been legally detained or pulled over for alleged DUI. Any police officer who pulls you over without probable cause to question whether you’re intoxicated while driving may be infringing on your rights.
Causes for law enforcement to develop reasonable suspicion of DUI include:
- Reckless driving or excessive speed
- Slurred speech or the smell of alcohol on the breath
- Admission to drinking earlier that day
- Strange behavior, like acting sleepy or jittery
- Failure of a field sobriety test
What Happens If I Refuse a Breathalyzer Test in Maryland?
Refusing a breathalyzer test when a police officer has reasonable suspicion to suspect you of driving under the influence results in an automatic suspension of your Maryland driver’s license for 270 days. A second offense can result in a license suspension for one year.
The only exception to having your driving privileges suspended after refusing a breathalyzer test is if you contact the Motor Vehicle Administration (MVA) within ten days of the incident and request a hearing. If the MVA permits a hearing, be prepared to have an ignition interlock device (IID) set up in your vehicle to maintain your driving privileges in Maryland.
Driving with an IID on your vehicle can be laborious. There’s an additional expense involved in installing the device that you’ll be required to pay, and each time you need to start your vehicle and at specific intervals while driving, you must blow into the IID. The device measures your BAC, and if any alcohol is picked up, the MVA could again suspend your driving privileges.
What Should I Do If I’m Pulled Over for Suspected DUI in Maryland?
It is often in your best interest to agree to the breath test when pulled over in Maryland. With a first offense DUI, you can generally obtain probation before judgment if found guilty, with some exceptions. Probation before judgement means you are not convicted, nor will points be assessed to your driver’s license.
No matter what you decide, it is imperative that you contact a Maryland DUI attorney as early as possible. You could face additional penalties for either refusing or accepting a breathalyzer test, such as fines and a criminal offense on your record. A qualified DUI attorney can tell you how to effectively manage either situation to protect your Maryland driver’s license and freedom.
Consult with an Experienced Baltimore DUI Attorney
Whether you refuse or accept a breathalyzer test in Maryland when stopped for suspicion of DUI, there will be repercussions that could harm your future. Even first-time DUI offenders require legal support to assist them in achieving the best possible case result. Some DUI convictions involve a jail sentence, fines, points on your driver’s license, and compulsory treatment.
An accomplished Maryland DUI attorney can explain your options in detail and assess your case for prospective defenses. If you complied with taking a breathalyzer test, there might be weaknesses in the state’s case against you. Even if you submitted to a breathalyzer test, that doesn’t mean that there aren’t flaws in the system that can be used to your benefit.
Attorney Hillel Traub of The Law Office of Hillel Traub has been representing clients in Baltimore and throughout Maryland for over 20 years. Hillel Traub uses his experience as a former Assistant Attorney General for the MVA and tailors a strong defense for each case to protect his clients’ rights and driving privileges.
To schedule a free consultation with Hillel Traub to discuss your DUI matter, complete a contact form, or call (410) 352-7575.
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