A driver’s license is a privilege that allows individuals to operate a vehicle legally. However, this privilege can be suspended under certain circumstances when drivers fail to comply with the rules and regulations set by the Maryland Motor Vehicle Administration (MVA). But at what point does a license get suspended?
One common reason for a driver’s license suspension is the accumulation of points on a driving record. If you accumulate eight to ten points, the MVA delivers a notice of suspension. Other reasons include failing to appear in court, paying fines, or making child support payments. If your license was suspended in Maryland, The Law Office of Hillel Traub can help fight for your driving privileges. We can look into why your license was suspended and advise you on your best legal options to get back on the road.
- 4 Common Causes of License Suspension in Maryland
- How to Handle a License Suspension Notice
- Contact a License Suspension Lawyer at The Law Office of Hillel Traub
4 Common Causes of License Suspension in Maryland
Whether a license suspension notice is anticipated or not, it is essential for all motorists to understand the various causes of suspension and how to avoid a gap in driving privileges.
The following are the common causes that lead to a driver’s license suspension for Maryland drivers:
1. Failure to Appear for a Court Date
Failure to comply with court orders can result in a driver’s license suspension. If a driver fails to appear for a court date for a traffic violation, the MVA will suspend their license. It is important to address any legal obligations promptly and follow through with court requirements to avoid the loss of driving privileges.
2. Failure to Pay Fines
Failing to pay court-imposed fines or costs can also result in license suspension. If a Maryland driver ignores a court’s order to pay a fine or ticket, the MVA will be notified, resulting in a loss of driving privileges until the ticket or fine is paid.
3. Failure to Pay Child Support
Child Support Enforcement Administration (CSEA) may decide to suspend an individual’s license if a parent falls behind on their child support obligations. The CSEA is authorized to order the MVA to suspend a license after falling behind on payments for at least 60 days.
4. Points on Your Driving Record
One common reason for a driver’s license suspension is the accumulation of points on one’s driving record. The MVA assigns points for various driving violations, such as speeding, reckless driving, running red lights, or DUIs. If a driver accumulates eight to eleven points within a two-year period, they will be sent a notice of suspension.
Serious traffic violations can result in an immediate suspension of a Maryland driver’s license. Examples include DWIs, leaving the scene of an accident involving injury or death, vehicular manslaughter, or engaging in street racing.
How to Handle a License Suspension Notice
Receiving a driver’s license suspension notice can be a stressful event. However, it is important to remain calm and take appropriate steps to address the situation promptly. If you find yourself facing a license suspension in Maryland, consider the following options:
- Surrender your license by mailing it in or delivering it in person to the nearest Maryland Motor Vehicle Administration office by the date listed on your notice. If you are late, your suspension period will be extended.
- Fight the suspension. You have 15 days to contest a Maryland license suspension and to request a hearing. Contact an experienced license suspension lawyer skilled in handling these types of cases and can help you navigate the process.
It’s important to note that until the hearing, your license is still deemed suspended, which means you are not legally permitted to drive.
Contact a License Suspension Lawyer at The Law Office of Hillel Traub
At The Law Office of Hillel Traub, we can help you understand the factors that contributed to your license suspension and offer you experienced guidance on how to reinstate your driving privileges.
As a former lawyer for the MVA, Attorney Hillel Traub ensures your rights are protected and fights for your best interests. He has over 30 years of experience and is ready to work hard for your case as well. Schedule a complimentary consultation by calling (410) 709-6786 or filling out our contact form today.
They’re a necessary inconvenience. Despite clear warning signs, many drivers ignore them. Work zone speed limits are in place to protect both motorists and road crews, yet citations for speeding through construction zones remain common in Maryland. To enforce these limits, many work sites now rely on speed cameras to catch drivers moving at unsafe speeds.
Brightly colored signs—orange, white, and yellow—appear before these highway work zones, often accompanied by tall cones and images of cameras to alert drivers of enforcement. Some areas also feature speed monitoring devices that flash when drivers exceed the limit. Still, many motorists overlook these warnings. As a result, speed cameras in Baltimore continue to generate millions in fines. If you’ve been cited, a skilled traffic ticket lawyer can help you navigate the consequences and protect your driving record.
- Can Speeding Cameras Ticket You in an Empty Work Zones?
- How Traffic Cameras Make Construction Zones Safer
- Excessive Speeding Starts at 15 MPH Over the Speed Limit
- Have a Baltimore Traffic Lawyer Fight Your Traffic Ticket
Can Speeding Cameras Ticket You in an Empty Work Zones?
Speed monitoring devices in designated work zones function 24/7 throughout the completion of a particular project. A person can receive a speeding ticket in the mail that resulted from a speed camera in a work zone, even if they were going the everyday speed and no actual workers were present. These tickets carry a fine of $40, yet penalties do not result in points against your driver’s license.
Anyone who travels at 12 or more miles per hour above the posted speed limit in a construction zone may receive a citation. It may seem unfair to enforce reduced speed limits in empty work zones; however, the cameras have made drivers more aware of their speed in these high-risk areas. These cameras have modified drivers’ behavior and saved lives.
How Traffic Cameras Make Construction Zones Safer
According to the Maryland Department of Transportation, six people died in work zone crashes in Maryland in 2016 while others suffered incapacitating injuries. Overall, work zone fatalities have dropped significantly to 6.6 per year between 2010 and 2016 compared with 11.9 fatalities per year from 2003-2009.
AAA Mid-Atlantic has stated that the cameras have reduced the number of crashes in work zones and resulted in reduced fines being paid. In recent years, ticket revenue has declined by 44.5% because many drivers who have already been ticketed have not repeated the offense. Since the cameras were activated, the number of cars speeding in work zones has dropped 90%, which correlates with a drop in the total number of fatalities in these areas.
Excessive Speeding Starts at 15 MPH Over the Speed Limit
Excessive speeding is a serious traffic violation which may result in points against your driver’s license. Those points could accumulate and result in a suspended license. A person caught driving at 15 mph or more above the speed limit may face a hefty fine. State law recognizes the dangers of speeding on highways, meaning a person may face steeper fines for speeding on highways.
If you pay a ticket for excessive speeding, you admit to the state and your insurance company that you’re not a safe driver. The state may ultimately punish you with a suspended license if you continue to receive citations and pay off the associated fines. Rather than give in to the State, fight your ticket with the help of an excessive speeding lawyer who defends drivers in Baltimore and surrounding areas. Working with a lawyer can help you maintain a clean driving record and your privilege to drive.
Have a Baltimore Traffic Lawyer Fight Your Traffic Ticket
Attorney Hillel Traub of The Law Office of Hillel Traub has more than 20 years of experience representing drivers throughout Maryland. He has worked as an Assistant Attorney General for Maryland MVA and understands the organization’s inner workings in such a way that will be advantageous to your case in court. Call our law firm at (410) 709-6786 for a free consultation or complete our contact form.
Move Over laws are critical to ensure the safety of police officers, emergency responders, sanitation workers, tow truck drivers, and others who spend considerable time on the side of the road. Working on the roadside is extremely risky — especially on highways where drivers blow past at 60-70 miles or more per hour. Since many lives were being lost when drivers failed to give people on the shoulder space, all 50 states adopted laws requiring drivers to move over one lane or slow down significantly when approaching a stopped emergency vehicle.
States have had Move Over laws for years, but many people are still unaware of them. Recently, Maryland’s own Move Over law expanded to include more types of service vehicles. If you’re not aware of how the law has changed, you could face a greater risk of violating it. If you’re pulled over for failing to change lanes when passing a stopped vehicle, you could face a fine and points against your license. Your traffic lawyer can take measures to challenge the citation you received.
- How does Maryland’s Move Over Law Work?
- What are the Penalties for Violating the Move Over Law?
- How Can I Fight the Ticket for Violating the “Move Over” Law?
- Contact Attorney Hillel Traub Today for Traffic Citation Defense
How does Maryland’s Move Over Law Work?
Did you know that a recent poll by the National Safety Commission revealed that about 71% of Americans were unaware of Move Over laws? Not knowing a law exists is not a defense for violating it. Maryland drivers are expected to move over a lane when approaching the following types of vehicles on the side of the road:
- Police cars
- Ambulances
- Tow trucks
- Transportation
- Service
- Utility
- Waste and recycling
Usually, these cars will have their lights flashing to warn drivers they’re stopped. The law requires you to slow down to a safe speed if you can’t get over a lane. It’s critical to protect people on the side of the road, especially those who work on the roadside or spend a considerable amount of time there, like emergency responders.
What are the Penalties for Violating the Move Over Law?
In Maryland, you can face a fine of $110, and the Maryland MVA may assess one point against your license if you’re found guilty of violating the Move Over law. Additionally, if your failure to change lanes caused an accident, your fine could increase to $150, and the MVA may assess up to three points.
One to three points might not sound like many; however, over time these points add up and could lead to a more severe license suspension down the road. Avoid any possibility that this may happen by working with a knowledgeable traffic lawyer in Baltimore like Hillel Traub.
How Can I Fight the Ticket for Violating the “Move Over” Law?
There may be a few defenses for your violation of the Move Over law. Defending your case may resemble defending other traffic offenses. Some approaches you might take to show that you’re not guilty of violating this law include:
- Challenging the officer’s opinion
- Challenging the officer’s evidence
- Explaining why you were unable to comply without endangering others
- Presenting evidence that the violation was a “mistake of fact”
Generally, it’s best to work with an attorney to handle the investigation of your case. He may be able to uncover evidence that works in your favor, such as footage from a police dashcam. Ultimately, your lawyer’s goal is to have your charge dismissed or reduced to a less serious charge. When it comes to traffic tickets, the goal is also to avoid paying the court exorbitant fees.
Contact Attorney Hillel Traub Today for Traffic Citation Defense
A few points here and there can take their toll on your driving record. Eventually, you might lose your license over a few seemingly harmless traffic violations. Not being able to drive in Maryland brings serious hardships, and may even impact your employment. Before the worst consequences appear on the horizon, you should contact an attorney for guidance on resolving your traffic matter.
Hillel Traub of The Law Office of Hillel Traub has experience as a former Assistant Attorney General for the MVA and puts this experience to work for you. His knowledge of how the organization decides whom to punish, and how, can significantly benefit your case. Hillel Traub provides close, personal attention to each case, giving you the feel of working for a boutique firm while achieving big results. Call (410) 709-6786 or complete our contact form for a free consultation.
Speeding is one of the most common traffic violations, but what happens if an emergency requires you to speed? Unfortunately, an officer will most likely give you a speeding ticket, regardless of an emergency. Even going one mile over the limit is still against the law. Similarly, you may also face a speeding ticket if you are going too fast amid dangerous conditions, even if you are traveling at or below the posted limit.
Once an officer pulls you over, calmly explain to them why you were speeding in the first place. For example, they may call an ambulance for you if you are driving a woman in labor to the hospital. If your child is missing, they may accompany you home and notify other officers of the situation.
- Document Evidence of Your Emergency Situation
- Do I Need an Attorney for My Maryland Speeding Ticket?
- Experienced Speeding Ticket Attorney in Maryland
Once you receive the ticket, the key to your defense is evidence and documentation. You need to show the judge that you were driving over the speed limit because of an emergency. Defending yourself may be hard to do, so you may want to hire a Maryland traffic offense attorney, such as Attorney Hillel Traub.
Document Evidence of Your Emergency Situation
Evidence is any document that shows the judge what the circumstances were behind your speeding. For example, hospital records and bills confirming your wife gave birth from the day you received the speeding ticket are evidence that she was in the hospital that day. You may also use a birth certificate as evidence.
Do I Need an Attorney for My Maryland Speeding Ticket?
Remember, the evidence you need will vary depending on the situation. If you are unsure what evidence will be helpful to your case, contact a Maryland traffic offense attorney. Additionally, a good traffic attorney will help you sort out what documentation you need to prove an emergency.
Your attorney may also contest your speeding ticket. For example, they may argue that the LIDAR reading was not reliable because it was not correctly calibrated. Hiring a lawyer will be your best chance of avoiding an undesirable outcome such as hefty fines, jail time, or license suspension.
Experienced Speeding Ticket Attorney in Maryland
If you received a speeding ticket because of an emergency in Maryland, discuss your case with The Law Office of Hillel Traub. Attorney Traub has proudly represented the people of Maryland for more than 20 years and will take every step possible to fight for you in court. By partnering with him, it may be possible to reduce your fine and avoid having points added to your license. Take steps toward protecting your future today by calling (410) 709-6786 or complete our contact form to schedule a free consultation.
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.
- 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.
- 4 Defense Strategies for an MVA Hearing
- 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.
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.
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
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.
- 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 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.
- Potential Pitfalls of Maryland Breathalyzer Tests
- 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.
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