WHAT IS “DRIVING” UNDER THE INFLUENCE?
As a Howard County DUI practitioner I have handled countless cases where people have attempted to use their vehicle to sleep off a rough night of drinking and found themselves charged with DUI/DWI. It is of paramount importance to understand that “driving” for purposes of DUI law does not mean “driving” in the classic sense of the word.”Driving,” for legal purposes is being in “actual physical control” of a vehicle. In this definition, the Maryland Legislature intended more
Click here to continue readingBUT I FELT FINE! HOW COULD I HAVE BEEN IMPAIRED?
BY: David Zwanetz, Esq., Shapiro & Mack, Howard County, Maryland
As an attorney dedicating substantial time to the field of Maryland DUI law, specifically Howard County DUI law, I remain shocked at the number of my clients who come to me completely uninformed on the laws pertaining to alcohol usage while driving. In fact, the most common rationale for why my clients have ended up charged is, “I waited an hour after my last drink and I felt fine.” This brief article will serve to inform more
Click here to continue readingREPEAL OF EVIDENCE RULING ON THE HORIZON
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant’s constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. It is prophylactic rule formulated by the judiciary in order to protect individuals’ constitutional right. However, in some circumstances at least, the exclusionary rule may also be considered to follow directly from constitutional language, such as the Fifth Amendment’s command that no person “shall be more
Click here to continue readingPULLED OVER FOR DUI? DON’T CONVICT YOURSELF! REFUSE EVERYTHING!
By: David Zwanetz, Esq., Shapiro & Mack in Howard County, Maryland
“What should I do if I’m ever pulled over after having a few drinks?” This question ranks as number two of the top ten most frequently asked. Thus, I have decided to let my philosophy out of the bag. I want to preface this article by saying that I am by no means advocating drinking and driving. With that said, as a defense lawyer focusing on Howard County DUI law (not federal law), I recognize that state DUI law is more
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