For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.
www.CharlesJeromeWare.com

Friday, October 31, 2014

DUI PSYCHOLOGY OF INTOXICATION: MARYLAND "BEST 10" DUI & DWI ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."
ETHANOL
Ethanol, or ethyl alcohol (grain alcohol), is one of the earliest and most widely used drugs in existence. It is a clear fluid whose low molecular weight and high solubility in water cause it to diffuse rapidly through body tissue membranes and reach equilibrium in tissues at levels proportional to water content. Blood, for example, will hold proportionately more alcohol than will muscle tissue.
For alcohol to produce its effect, it must reach the brain. To accomplish this, it first passes into the bloodstream after absorption through the walls of the stomach and small intestines. This is a simple biochemical process of diffusion, which will continue as long as the concentration of alcohol in the stomach and intestines is higher than that in the blood.
In contrast to ordinary foods and many drugs, alcohol is absorbed rapidly from the stomach and even more rapidly from the small intestine just beyond the stomach. In fact, the presence of alcohol is initially detectable about five minutes after consumption, and its maximum concentration within the body tissues is achieved in somewhere between 1/2 hour and 1 1/2 hours. This rate of absorption in DUI cases can be accelerated if the subject has ingested significant amounts of water or materials containing water, and it can be slowed down if he has eaten food. The type of alcoholic beverage can also be a factor: beer will cause a slower increase in blood-alcohol concentration than distilled spirits, as well as a lower peak level and faster decline. Absorption is complete when the entire gastrointestinal tract reaches equilibrium with the remainder of the body; this can take as long as 21/2 hours but commonly occurs within 30 to 90 minutes. In any event, the rate of absorption of alcohol in a DUI case - and, as a result, the effect on the nervous system - varies according to the individual.
Once absorbed through the stomach/intestine walls, the alcohol passes into the portal vein that carries it to the liver, then to the right side of the heart, and then to the lungs. From the lungs (where the exhaled alveolar air is measured by breath analysis machines), the alcohol is carried in arterial blood to the left side of the heart and from there into the body's general circulatory system, by which means it eventually reaches the brain.
BLOOD-ALCOHOL
Blood-alcohol analysis then, is simply the attempt to measure the amount by weight of alcohol within the DUI suspect's blood at any given time. This amount, expressed as a percentage of the blood in which it is found, is then compared to a scale of percentages established by law for determining the presumptive levels of intoxication. The determination of the amount of alcohol in the blood can be accomplished directly by analyzing a sample of the subject's blood or indirectly by analyzing a sample of the subject's urine or breath.
The amount of alcohol found in the blood is the central issue in a DUI per se charge. With the traditional DUI offense, however, it is only of secondary interest: It is the amount of alcohol actually absorbed into the brain that will affect an individual's ability to perceive, make judgments, and coordinate his movements - that is, his ability to operate a motor vehicle safely. But there is no practical means of measuring the alcohol absorbed by the body beyond that found in the bloodstream (or, even further removed, in the urine or the alveolar air). Because the bones, brain, fatty tissue, etc., contain a much lower percentage of water than does blood and because the alcohol level in blood is about 17 percent higher than that in the soft tissues, the concentration of alcohol in the entire body, including the brain, is always less than that in the blood. However, science has offered the "Widmark Factor R" - a designation of the ratio between the concentration of alcohol in the whole body divided by the concentration of alcohol in the blood. For men, this ratio averages about .67, with a range of .46 to .86; women usually have a somewhat lower ratio because of having a larger proportion of fatty tissue. Obviously, the fact that this ratio varies so widely according to the individual makes generalizations in any DUI case very suspect.
In organs having a rich blood supply, such as the kidneys, brain, and liver, the tissues very quickly attain alcohol equilibrium with the arterial blood. Voluntary muscle tissue, however, has a much smaller blood flow per unit of weight and as a result requires longer to reach alcohol equilibrium after ingestion. Since the muscles make up about 40 percent of body weight, this delay in alcohol absorption by the muscles results in high concentrations of alcohol in arterial blood and in the brain during active absorption of alcohol. The result is the common phenomenon that an individual may appear greatly affected only a few minutes after taking two or three drinks, and then rapidly sober up within 15 to 30 minutes in apparent contradiction to normal expectations. This, of course, can raise serious doubts about the relevance of blood-alcohol tests.
WOMEN AND ALCOHOL
It has been known for some time that women are generally more susceptible to the effects of alcohol than men. This has generally been explained by pointing out that women are smaller and have relatively more fat and less water than men. But recent research seems to indicate that a more important reason may be that women have significantly lower amounts of an enzyme which provides a protective barrier in the stomach by breaking alcohol down before it circulates into the body.
In an article appearing in the Los Angeles Times, (January 11, 1990 at page A27) scientists at the University School of Medicine in Trieste, Italy, and the Veterans Affairs Medical Center, Bronx, New York, found that the stomach lining contains an enzyme called gastric alcohol dehydrogenase which breaks down alcohol. To determine the effects of the enzyme, they administered alcohol both orally and intravenously (by-passing the stomach) to a group of fourteen nonalcoholic men, six alcoholic men, seventeen nonalcoholic women, and six alcoholic women.
There were two interesting results. First, in both the nonalcoholic and alcoholic groups, women had higher blood-alcohol concentrations than men after ingesting an equivalent dose of ethanol; by contrast, there were no differences when the ethanol was taken intravenously. With weight differences taken into account, the researchers found that women became legally intoxicated after consuming 20% to 30% less alcohol than men; absent allowance for weight, an average-size woman reaches a given blood-alcohol level after consuming about 50% less alcohol than a man.
Second, the alcoholic men and women had significantly higher BAC levels after oral ingestion than the nonalcoholic men and women; the levels reached by alcoholic women indicated a nearly total absence of the protective enzyme in their stomachs.
The scientists concluded that legislatures may need to consider sex differences when defining safe levels of drinking for driving motor vehicles.
[Drunk Driving Defense, 3rd. Ed., Lawrence Taylor; and see other blogs of Attorney Charles Jerome Ware]
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

THE ACA (Affordable Care Act) AND MEDICAL MALPRACTICE DAMAGES: MARYLAND ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."
[For information purposes only; not intended to be legal advice]
The Patient Protection and Affordable Care Act (the Affordable Care Act or "ACA"), Pub. L. No. 111-148, 124 Stat. 119 (2010), was signed into law by President Barack Obama on March 23, 2010. 
Commonly referred to as "Obamacare," it is generally considered the most significant statutory reform of the United States health care system in several decades [see, Wilson Huhn, J.D., "constitutionality of the Patient Protection and Affordable Care Act Under the Commerce Clause and the Necessary and Proper Clause," 32 J. Legal Med. 139, 140 (2011)].
The law's fundamental purpose is "to increase the number of Americans covered by health insurance and decrease the cost of health care" [National Federation of Independent Businessmen v. Sebelious, 132 S. Ct. 2566, 2580 (2012)].
The law has withstood all legal challenges, including confirmation by the Supreme Court of the United States (SCOTUS).
Some key points:
  1. The ACA changes the health insurance environment in Maryland because it requires all citizens to purchase or acquire health insurance.
  2. Because it requires health insurance, the ACA makes it easier to calculate a personal injury victim's award of future damages for medical expenses.
  3. In the wake of ACA, it is possible in my view that Maryland may avail itself of the opportunity to revisit the computation of future damages in medical malpractice cases.
  4. It is possible at some point, but I doubt soon, that the Collateral Source Rule ("CSR") --- which essentially every state has a version of, including Maryland --- may be revisited.  Essentially, the "CSR" prohibits an injured plaintiff's recovery of damages for reasonable medical expenses from being reduced by payments or benefits simply because coverage for the injury was provided by some collateral source - i.e., insurance coverage.
[The national boutique law firm of Charles Jerome Ware, LLC, Attorneys & Counselors, is headquartered in Columbia, Maryland --- equi-distant between Baltimore and Washington, D.C..  For an initial courtesy consultation, call us at (410) 720-6129 or (410) 730-5016, or email us at charlesjeromeware@msn.com.]

MADD DUI DATA?: 66 PERCENT WILL DUI OR DWI "CRASH"? - MARYLAND "10 BEST DUI & DWI ATTORNEY" CHARLES WARE

www.CharlesJeromeWare.com.  "Here to make a difference."
According to some commentators, Mothers Against Drunk Driving ("MADD") is stating in its opinion that 2 in 3 people (66%) in the United States will be involved in a drunk driving crash in their lifetime.  Clearly, this is not good.
All 50 states, including Maryland, define drunk driving with a blood alcohol concentration ("BAC") at or above 0.08 percent as a crime.  Now, the National Transportation Safety Board ("NTSB") wants to lower that threshold to 0.05 to further reduce the number of drunk driving accident injuries and deaths.  Presently, about 10,000 people in the United States are killed every year in alcohol-related motor vehicle crashes.  The NTSB feels those are 10,000 additional reasons to re-examine the nation's legal definition of drunken driving.
In the meantime, law enforcement has stepped up significantly its enforcement of current drunk driving laws.
Maryland drunk driving laws are strict and complex.  It is very important that you contact us as soon as possible after you are arrested for drunk driving.

After a DUI arrest, you have only 10 days from the date of the arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the office of administrative hearings and pay $150 to the Maryland State Treasurer. If a person is arrested for drunk driving or DUI and fails to request the hearing on time, their license will be suspended automatically.

In Maryland the blood alcohol concentration level (BAC) for a DUI (driving under the influence)arrest is .08 or higher. A blood alcohol concentration level of .07 will result in a DWI (driving while impaired) arrest.
Maryland DUI
  • Minimum drivers license suspension of 45 days.
  • Punishment of up to $1000 and 1 year in jail for a first offense DUI.
  • Punishment of up to $2000 and 2 year in jail for a second offense DUI.
  • A DUI conviction will result in 12 points on your Maryland drivers license record.
Maryland DWI
  • Drivers license suspension of up to 60 days.
  • Punishment of up to $500 and 2 months in jail for a first offense DWI.
  • Punishment of up to $500 and 1 year in jail for a second offense DWI.
  • A DWI conviction will result in 8 points on your Maryland drivers license record.
If you hold an out of state license and are arrested for DUI or DWI, you will need to schedule a Maryland MVA hearing in order to protect your driving privileges. Maryland is a member of the Interstate Driver's License Compact, which shares information about all driver's license actions with other member states. There are 45 states that belong to this compact.

Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

HOWARD COUNTY MARYLAND 101: "BEST 10" ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com.  "Here to make a difference."
[For informational purposes only; not intended as legal advice]
In the State of Maryland, "marriage" is a civil contract between two people or parties (regardless of gender) recognized under Maryland law.  "Divorce" is the ending of a marriage as ordered by a court (in Maryland, it is a Circuit Court).  The Circuit Court may issue an order or "decree" of divorce to end a marriage when there are certain grounds that have been met.
There are two types of divorce in Maryland: (1) absolute and (2) limited.  It is the "limited" divorce that is sometimes referred to as a "legal separation".  Certain grounds are necessary for both types of divorce.
I. ABSOLUTE DIVORCE
An "absolute divorce" actually dissolves the marriage.  Once the court-ordered decree of absolute divorce is "entered", the parties (persons) are free to marry again (remarry).  Further, one party can no longer automatically inherit property from the other party.  Any property previously owned by the couple in their marriage automatically becomes property held in common; which means each party owns one-half of the property.
The absolute divorce decree may provide, among other things, for:
  1. Custody of children;
  2. Payment of Alimony;
  3. Payment of child support;
  4. Division of marital property; et al.
Some common and basic grounds for Maryland divorce include, but are not limited to:
  1. Adultery;
  2. Desertion;
  3. One-year (12) months separation; and
  4. Cruelty of treatment.
II. LIMITED DIVORCE
A "limited divorce" is a legal action where a couple is declared separated.  That separation is supervised by the court.  A limited divorce is generally used by people who:
  1. Do not yet have grounds for an absolute divorce;
  2. Need financial relief; and
  3. Are not able to settle their differences privately.
When the court orders a limited divorce, it means the divorce is not permanent.
During a limited divorce, the parties live apart, but they remain legally married.  Although they are still married, neither party has the right to have sexual relations with the other (although they may do).  Further, the parties may not remarry (anyone else).  If a party in a limited divorce has sexual relations with another person during a limited divorce, that party is considered to have committed adultery.
The limited divorce can resolve issues or questions of:
  1. Child custody;
  2. Child support;
  3. Spousal support
  4. Health insurance coverage;
  5. Division of property; and
  6. Use and possession of property.
[And see, Understanding the Law: A Primer, by Attorney Charles Jerome Ware (2008); Maryland Family Law, 4th ed., John F. Fader, II and Richard S. Gilbert (2006); Maryland Divorce & Separation Law, 9th ed. MICPEL (2009)]


Tuesday, October 28, 2014

HO. CO. CRIMINAL ASSAULT DEFENSES: MARYLAND "BEST 10" ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."
[For informational purposes only; not intended to be legal advice]
There are defenses to allegations of criminal assault in Maryland.  Some of them are:
  1. Mistake of law or fact;
  2. Self-defense;
  3. Consent;
  4. Necessity;
  5. Privilege;
  6. Statute of limitations, etc.
These defenses also apply to the civil (tort) of assault.
[also see, Black's Law Dictionary, by Henry Campbell Black (1991), 6th Edition; St. Paul, MN; West Publishing Co. (p. 832)]
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

Monday, October 27, 2014

NATIONAL FOOTBALL LEAGUE "BLURRED LINES" DUI POLICY: MARYLAND "BEST 10" ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."

National Football League ("NFL") football players have until November 1st, 2014 to resolve their DUI cases, or otherwise face at least a two-game suspension for each violation.

More harsh punishment by the NFL for player DUI violations was one of the highlighted disciplines in the league's recent "drug policy" makeover.  Previously, first-time player offenders were frequently waived of any game-suspensions; but now players face a minimum two-game ban for each DUI violation.

ABOUT CHARLES JEROME WARE
 
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

MARYLAND DUI & DWI BLOOD TEST RULES 101: MD "BEST 10" DUI & DWI ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."
If you are pulled over and arrested in Maryland for driving under the influence of alcohol or drugs (DUI), you will likely be asked to submit to chemical blood tests, typically in the form of a breath test or blood draw.  While chemical breath tests may be administered by trained police officers at the station, the rules are very different when it comes to blood draws. You may think that police officers are the ones doing any and all tests when it comes to DUI offenses, but this is a common misconception.
Simply put, police officers have neither the training nor legal authority in Maryland to be the ones who physically conduct blood draws pursuant to a DUI or DWI arrests.  Maryland law requires hospitals, physicians, nurses, and qualified technicians employed by such hospitals to be the ones to withdraw blood samples, when properly requested to do so by a police officer.
In Maryland, the actual testing of the blood for alcohol content must be performed by a qualified or certified clinical laboratory that is licensed and approved by the State of Maryland (Maryland Department of Health and Mental Hygiene).  The use of state-approved laboratories, equipment, procedures, and personnel is a minimum threshold for admission of blood and chemical tests in a DUI or DWI case.
For example, the "chain of custody" of the blood sample is very important, that is, after blood was taken from you, who handled it and when.  The more people who handle the sample, the higher the possibility that foreign substances have been introduced into your blood sample prior to testing or that it was handled by an unqualified individual or that it was improperly handled or stored.  Furthermore, you may have unique medical conditions that may skew the test results (such as diabetes or high blood ketones) or the blood test may have been taken outside of the 2 hour window in which it must be performed.  Lawyers must examine each case independently, as the unique facts presented may provide legitimate defenses and angels to challenge your DUI charge.
ABOUT CHARLES JEROME WARE 
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

HOSPITAL LEGAL ISSUES: MARYLAND MEDICAL ATTORNEY REPORT

www.CharlesJeromeWare.com.  "Here to make a difference."
This blog is prepared and presented by Maryland attorney Charles Jerome Ware only for information purposes, and not as legal advice.  This blog does not create an attorney-client relationship.
Healthcare and hospital legal issues are ever prevalent these days in America.  A few of them are as follows:
  1. Lawsuits against the healthcare reform act (aka "Obama-care") continue despite the new law's apparent success for the public.  Despite approval by the United States Supreme Court, constitutional arguments continue to be made by those who seek failure of the law.

    [AHLA Connections, Thomas More Law Center vs. Obama, Michigan District Court]
  2. Breaches of electronic data on patients have continued to be a problem, in violation of HIPAA (the Health Insurance Portability (the Health Insurance Portability and Accountability Act of 1996).
  3. Federal antitrust laws are having to be reinterpreted in order to conform with the new accountable care of organizations ("ACO"s).
  4. False Claims and Whistleblower Lawsuits are becoming increasingly popular.  The False Claims Act is a federal law that covers fraud involving any federally-funded contract or program, including Medicare or Medicaid, allowing healthcare providers to be prosecuted for various actions leading to the submission of a fraudulent claim.
  5. The Patient Protection and Affordable Care expands the federal government's reach under the False Claim Act ("FCA") with requirements designed to enhance fraud-fighting and to increase penalties for submitting false claims.  Physicians now (since 2012) must return known overpayments to the government with 60 days of discovering an error.
  6. Anti-Kickback and Physician-Hospital Issues are still a priority.  The Anti-Kickback statute governs a hospital's financial relationships with physicians.
  7. Impact of the Stark Law on Physician-Hospital Relationships increases.  The Stark Law was enacted to prevent referral sources --- namely physicians and physician extenders --- from inappropriately profiting from referrals.
  8. Recovery Audit Contractors are increasing for hospitals, and particularly spreading in the area of Medicare payments and both Medicare & Medicaid Advantage payments.
  9. Compliance Requirements for Tax-Exempt Hospitals are becoming more stringent.  The Patient Protection and Affordable Care Act ("PPACA") contains specific requirements for hospitals that desire to receive or maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code, changing the "community benefit standard" upon which tax-exempt hospitals have been judged for over 40 years.

    And see:
    (a) Community health needs assessments;
    (b) Written financial assistance and emergency care policies;
    (c) Limitation on charges; and
    (d) Limitations on collection policies.

  10. Co-Management Arrangements, under which a hospital pays physicians to fulfill defined duties and meet performance objectives, are a way for hospitals to create alignment with physicians.
  11. Changes in Reimbursement.  Reimbursement rates have shifted under PPACA, significantly lowering reimbursements for some providers while increasing rates for others.
  12. Labor and Employment Issues.  Hospitals are seeing more age discrimination claims related to termination, as well as more requests for accommodations from employees with disabilities.
  13. Mergers and Antitrust Law.  Hospital mergers are increasing at a rapid pace, and so are concerns that some of these mergers and acquisitions violate antitrust laws.  In addition to the Sherman Act, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice enforce the Clayton Act which forbids mergers that harm competition.
  14. Medical Malpractice and Tort Reform continue to be major issues under constant discussion in the health field.
[Charles Ware is a principal in the Maryland-based national medical boutique law firm of Charles Jerome Ware, LLC, Attorneys and Counselors.  For questions or an initial courtesy consultation, call attorney Ware at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com]

Friday, October 24, 2014

NEW NFL DUI DEADLINES, NOVEMBER 1st, 2014: DUI DEFENSE ATTORNEY REPORT

www.CharlesJeromeWare.com.  "Here to make a difference."
National Football League ("NFL") football players have until November 1st, 2014 to resolve their DUI cases, or otherwise face at least a two-game suspension for each violation.
More harsh punishment by the NFL for player DUI violations was one of the highlighted disciplines in the league's recent "drug policy" makeover.  Previously, first-time player offenders were frequently waived of any game-suspensions; but now players face a minimum two-game ban for each DUI violation.
ABOUT CHARLES JEROME WARE
 
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

HOWARD COUNTY MARYLAND DUI AND DWI LAWS AND PENALTIES: DEFENSE PRIMER 101

The drinking and driving laws in Maryland are complex and complicated, and becoming even more so every year.  If at all possible, do not attempt to self-represent in this serious legal process.
The State of Maryland prohibits driving under the influence of alcohol when your blood alcohol concentration (BAC) is .08 percent or above. The .08 limit is a standard measurement used across the United States for the "impaired" adult driver. The State of Maryland has a zero tolerance for alcohol for drivers under the age of 21. If a driver under the age of 21 is found to have a .02 percent BAC or above their license could be suspended or revoked. Commercial drivers also face a lower BAC limit of .04 percent.

It is difficult to guess how many drinks it will take to reach the .08 BAC limit. Each person has unique physical characteristics that factor into the BAC equation. Attributes such as weight, sex, number of drinks consumed over a given time, if you have eaten, all play into the BAC formula.  In many years as a DUI defense attorney, I have come to believe the females are at a disadvantage in blood alcohol level testing.

The State of Maryland has strict laws for drunk driving, and when you drink and drive in Maryland, you risk your freedom, finances and your future.  You should not drink and drive in Maryland.
The first time you are convicted of a DUI in the State of Maryland you will face up to 1 year in jail and up to a $1,000 fine. If you were transporting a minor when you were arrested you could be sentenced up to 2 years in jail a pay up to a $2,000 fine. Your drivers license will also be suspended for a minimum of 45 days. Your first DWI conviction will cost you up to 2 months in jail and a $500 fine. In addition, your drivers license could be suspended 60 days or even up to 90 days.

The second time you are convicted of a DUI, you could be sentenced up to 2 years in jail and fined up to $2,000. If you were transporting a minor when you were arrested you could be sentenced up to 3 years in jail a pay up to a $3,000 fine. Your drivers license will also be suspended for a minimum of 1 year. For your second DWI, you will be fined up to $500 and/or 1 year in jail plus a minimum of 60 day suspension of your drivers license.

The 3rd time you receive a DUI in the State of Maryland you will face up to 3 years imprisonment. Your fine will be up to $3,000 and if you were transporting a minor at the time of your arrest you could face up to 4 years in prison and up to a $4,000 fine. Your drivers license will be suspended for a minimum of 18 months. For your third DWI, you will be fined up to $500 and/or 1 year in jail plus a minimum of 60 day suspension of your drivers license.

Question: Can I get a DUI if I was under 0.08 BAC?

When a driver's blood alcohol content (BAC) is .08% or higher in Maryland, the charge is driving under the influence (DUI). However, if the driver's BAC is between .04% and .08%, the driver can still be charged with driving while impaired (DWI). Often this charge is made when there are additional factors such as property damage or bodily injury. The penalties for a DWI are less severe, however the driver may still be sentenced to jail time (up to 60 days), license suspension, fines ($500) and receive points on the driver's driving record (8 points for a DWI vs. 12 points for a DUI). Because a DWI involves a driver who was below the legal limit, a lawyer may have an easier time arranging a favorable plea bargain.

Question: Can you plead to a lesser offense than DUI in Maryland?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you.
[And see, other DUI and DWI Blogs of Maryland "BEST 10 DUI AND DWI Attorney" Charles Jerome Ware; Drinking and Driving Laws in Maryland, Rich Stim, Esq., http://dui.dirvinglaws.org/maryland.php]
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed. Business and Trial Attorneys.

Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

"BLURRED" LINES", HOWARD COUNTY MD. DUI & DWI DEFENSE 101: FINES AND PENALTIES

Drinking and driving laws in Maryland are complex and complicated, and getting more so every year.  As you will read, the ramifications of a conviction for drunk driving can be severe.  Therefore, if at all possible a DUI or DWI defendant probably should not attempt to self-represent themselves in these serious cases.
I. DUI AND DWI PENALTIES
 1st Offense
A. JailUp to 1 year (DUI); up to 2 months (DWI)Up to 2 years (DUI); up to 1 year (DWI)Up to 3 years
B. Fines and PenaltiesUp to $1,000 (DUI); up to $500 (DWI)Up to $2,000 (DUI); up to $500 (DWI)Up to $3,000
C. License SuspensionMin 6 months (DUI & DWI)1 year (DUI & DWI)18 months min.
D. IID** RequiredNoYesYes
Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing.)
**Ignition Interlock Device

II. How much do you have to drink (BAC*) for a DUI/DWI in Maryland?:

A. Under 21.02%
B. 21 or older.08% or higher (DUI) Between .04% and .08% (DWI)
C. Commercial.04%
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

III. What if you refuse to take a chemical test in Maryland?

Maryland has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Maryland’s implied consent law.
 1st Offense2d Offense 3rd Offense
A. Refusal to take test120 day license suspension1 year license suspension1 year license suspension
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed. Business and Trial Attorneys.

Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

Thursday, October 23, 2014

WINNING LEAD-BASED PAINT DEFENSE: BALTIMORE, MARYLAND DEFENSE COUNSEL REPORTS


www.CharlesJeromeWare.com.  "Here to make a difference."

A successful defense has been made on behalf of an apartment building owner in a case before the New York Appellate Division, 3rd Department [Cunningham v. Anderson, 2011 NY Slip Op. 4800].

The case upholds a verdict for the defendant apartment building owner in a lead-based paint poisoning case in which the plaintiff was diagnosed with attention deficit hyperactivity disorder, as well as learning disabilities which were alleged to have been the result of an elevated blood-lead level at the defendant's apartment building. 

The Appellate Court held in Cunningham v. Anderson, 2011 NY Slip Op 4800, that the landlord's liability for injuries related to a defective condition including lead paint cannot be established without proof that the landlord had actual or constructive notice of the condition for sufficient period of time such that the condition should have been corrected. In a lead case, notice can be established by proof that the landlord (1) retained a right of entry to the premises and assumed a duty to make repairs, (2) knew that the apartment was constructed at a time before lead-based interior paint was banned, (3) was aware that paint was peeling on the premises, (4) knew the hazards of lead-based paint to young children and (5) knew that a young child lived in the apartment. 

The jury found that the defendant had such notice and was therefore negligent — but the negligence was not a substantial factor in causing the plaintiff's injuries. The appellate court agreed that the jury could rationally credit the testimony of the defendant's experts and their opinion that the effects of lead poisoning only minimally affected the plaintiff in relation to the factors that were present, thereby finding that the defendant's negligence was not a substantial factor in causing the plaintiff's injuries. The defendant's experts opined that ADHD is a congenital condition and that there are no scientific studies proving that it is caused by lead exposure. They further opined that the plaintiff's disorders and disabilities were caused by other factors, mainly social and environmental circumstances in his upbringing, which were supported by scientific studies and articles showing a link between socio-economic factors and psychological development. Proof of the plaintiff's social and family factors was presented through school and medical records as well as testimony from the plaintiff's sister.  

The court also agreed that the plaintiff's conduct when he was a preteen and teenager, including discontinuing prescribed medication in failing to attend school, may have constituted a failure to mitigate damages at a time when the plaintiff could be held legally responsible for his actions.
[Premier lead-based paint poisoning defense attorney Charles Jerome Ware is based in Maryland.  His law firm, Charles Jerome Ware, LLC, Attorneys and Counselors, is a nationally-known and highly-respected boutique litigation firm.  For an initial courtesy consultation, call the firm at (410) 720-6129 or (410) 730-5016].

 

BASIC MARYLAND EMINENT DOMAIN PROCESS, www.CharlesJeromeWare.com

www.CharlesJeromeWare.com.  "Here to make a difference."
For an initial courtesy consultation on issues concerning Maryland's Eminent Domain process, contact premier eminent domain attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com.  The national offices of Charles Jerome Ware, Attorneys and Counselors, LLC are headquartered in Columbia, Howard County, Maryland.
I. EMINENT DOMAIN and CONDEMNATION.
(a) "Eminent Domain" is the authority of the government to take private property for public use.
(b) "Condemnation" is the process by which such takings of private property are achieved.

(c) But, the government's right or authority to take private property is not unlimited.

(d) The government's right to take private property is tempered by its reciprocal obligation to compensate the private owner for the property condemnded [see, the 5th and 14th amendments to the United States Constitution; as well as Article III, Section 40 of the Maryland Constitution].

(e) Maryland Eminent Domain Laws can be found in Title 12 of Maryland Code, Subtitle 1, which contains the general provisions.  Subtitle 2 of Title 12 contains provisions regarding relocation and assistance.

II. Some of the different steps in the process of a Maryland Eminent Domain or Condemnation case include:
(a) The State of Maryland identifies a "public need" as well as the property to be acquired to satisfy the identified public need.
(b) Then, the State of Maryland condemning authority ("condemnor") gives notice (written notice) to the property owner that it intends to acquire the person's property; makes an offer to purchase; and begins negotiations to purchase the property with the owner.

(c) If negotiations with the property owner are unsuccessful, the condemnor may then file a lawsuit in the circuit court of the county in which the property is located.

(d) The condemnor then deposits into the court registry (in Quick-Take cases) an estimate of the alleged "just compensation", until the court makes a decision in the matter (in some cases).  In traditional condemnation cases the date of value for so-called "just compensation" is set the date of trial in the matter.

(e) In "Quick-Take" cases, the property owner is entitled to withdraw the "value estimate" of just compensation deposited into the court registry pursuant to a motion filed with the court requesting that the funds be disbursed to the property owner (Again, this step is inapplicable to traditional eminent domain cases).

(f) The court issues a trial scheduling order.
(g) The next step will be the retention and designation of expert witnesses --- usually solely on the issue of value of the condemned property.
(h) Discovery, pursuant to the scheduling order occurs between the litigants (the State and the private owner(s)).
And more: (i) Continued Settlement Negotiations and Mediation; (j) Pre-trial hearings, (k) Condemnation Trial, (l) verdict, (m) Verdict, (n) Post-trial and Appeal, and (o) Relocation Benefits.
[see, (book) "Understanding the Law: A Primer," Attorney Charles Jerome Ware (2008); http://www.ownercounsel.com/The-Eminent-Domain-Process]

Wednesday, October 22, 2014

MARYLAND "IN BANC" REVIEW: "THE POOR PERSON'S APPEAL"

www.CharlesJeromeWare.com.  "Here to make a difference."

Alan Sanford REMSON v. Karen KRAUSEN f/k/a Karen Remson, Court of Special Appeals of Maryland, No. 2187, Sept. Term, 2010. Decided: June 28, 2012: 
An "in banc" panel review has been endearingly referred to as "the poor person's appeal." 
Washabaugh v. Washabaugh, 285 Md. 393, 396, 404 A.2d 1027 (1979) (citing Roth v. The House of Refuge, 31 Md. 329, 333 (1869)) (internal quotations omitted). This moniker stemmed from the sentiment that Article IV, § 22 of the Maryland Constitution was enacted “to offer disappointed litigants an alternative method of review that was faster and less expensive than an appeal to the Court of Appeals, and that avoided the necessity of traveling to Annapolis.” Montgomery County v. McNeece, 311 Md. 194, 201, 533 A.2d 671 (1987).

The decision of the 3-judge in banc panel is final and non-appealable by the person who sought the in banc panel review [see, Maryland Rule 2-551; McNeece at 198, 533, A. 2d671 (Citing Buck v. Folkers, 269 Md.185, 186-87, 304 A. 2nd826 (1973); Bd. of Med. Examiners v. Steward, 207 Md. 108, 111-12, 113 A.2d426 (1955); Costigin v. Bond, 65 Md. 122, 3 A.285 (1886)].
 

MARYLAND COSMETIC SURGERY PATIENT RIGHTS

www.CharlesJeromeWare.com. "Here to make a difference."

Cosmetic (plastic) surgery is not cosmetology, nor entertainment, nor a hobby. It is medicine-based. It is surgery. It is not just a business or commercial enterprise as portrayed frequently in the media.
Those who choose to have cosmetic (plastic) surgery performed on them are "patients" who do not waive their rights to redress or relief for malpractice by the surgeon.

Any patient who has suffered any kind of damage, scarring or other problems due to medical negligence during cosmetic surgery has a right to claim compensation for cosmetic surgery malpractice.

COSMETIC SURGERY "BOOM"

A person who suffers due to malpractice from plastic surgery can claim compensation for any of the following:
1. Excessive scarring;
2. Uneven results (breast-size unequalness, e.g.);
3. Infection;
4. Nerve damage;
5. Lack of informed consent;
6. Wrongful death; etc.
 
Persons who choose plastic surgeons put enormous amounts of trust in the surgeons' ability to treat them well. However, the current media-driven "boom" in cosmetic surgery, including the many clinics and "spas" who have doctors and nurses who are not properly qualified, or who are negligent in their treatment of patients, has created an atmosphere of distrust in the field.
 
It is important to note that once the patient comes under the cosmetic (plastic) surgeon's care and/or counsel, regardless of how many nurses or other healthcare professionals are involved, it is principally the legal responsibility of the surgeon to care for the patient and follow the proper medical practices and rules.
 
[Charles Jerome Ware, Attorneys and Counselors, LLC, is a premier Maryland-based medical malpractice law firm. For an initial courtesy consultation, call the firm at (410) 720-6129 or (410) 730-5016]

VICTIM/PATIENT RIGHTS IN COSMETIC/PLASTIC SURGERY NEGLIGENCE CASES: MARYLAND MED. MAL. ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."
Cosmetic (plastic) surgery is not cosmetology, nor entertainment, nor a hobby.  It is medicine-based.  It is surgery.  It is not just a business or commercial enterprise as portrayed frequently in the media. 
Those who choose to have cosmetic (plastic) surgery performed on them are "patients" who do not waive their rights to redress or relief for malpractice by the surgeon.
Any patient who has suffered any kind of damage, scarring or other problems due to medical negligence during cosmetic surgery has a right to claim compensation for cosmetic surgery malpractice.
COSMETIC SURGERY "BOOM"

A person who suffers due to malpractice from plastic surgery can claim compensation for any of the following:
1. Excessive scarring;
2. Uneven results (breast-size unequalness, e.g.);
3. Infection;
4. Nerve damage;
5. Lack of informed consent;
6. Wrongful death; etc.
Persons who choose plastic surgeons put enormous amounts of trust in the surgeons' ability to treat them well.  However, the current media-driven "boom" in cosmetic surgery, including the many clinics and "spas" who have doctors and nurses who are not properly qualified, or who are negligent in their treatment of patients, has created an atmosphere of distrust in the field.
It is important to note that once the patient comes under the cosmetic (plastic) surgeon's care and/or counsel, regardless of how many nurses or other healthcare professionals are involved, it is principally the legal responsibility of the surgeon to care for the patient and follow the proper medical practices and rules.
[Charles Jerome Ware, Attorneys and Counselors, LLC, is a premier Maryland-based medical malpractice law firm.  For an initial courtesy consultation, call the firm at (410) 720-6129 or (410) 730-5016]








COSMETIC (PLASTIC) SURGERY IS MEDICINE, NOT COSMETOLOGY: MARYLAND MED. MAL. ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."
[This information presented herein is not intended, nor should be interpreted, to be legal advice]

Increasingly in our "body aesthetics" society where "looks" or appearances dominate, cosmetic (plastic) surgery is popular.  However, the commodization and overzealous marketing of cosmetic surgery procedures may frequently compromise patient safety.  The key problem is that cosmetic surgery should not be treated as a commodity because, quite simply and frankly, it is not one.

Unlike most commodities or commercial products, cosmetic (plastic) surgery is not "interchangeable."  Patients are not uniform (instead, they are dissimilar), cosmetic surgeons are unique in their capabilities, and plastic surgery techniques are individualized.  Despite its present image, cosmetic surgery is still more medicine than business.

Trademarked labels and gadgets come and go in the cosmetic surgery field, but only a few prove to be genuinely effective.  Seldomly, however, does any new product prove to be as effective and important as the good plastic surgeon's expertise.  The bottom line is that patient safety and education should always take priority or precedence over any business or commercial concern [see, September/October 2013 issue, Aesthetic Surgery Journal, Dr. Eric Swanson, Leawood, Kansas].
There are many pitfalls that cosmetic (plastic) surgeons should avoid.  Just a few are as follows:
  1. Always remember --- and never forget --- that the person you are performing surgery on is a "patient" and not just a customer.  Dis-remember this point to your peril.
  2. "Informed consent" is an important process, not just a signed document executed by the patient.
  3. Generally, fraud and abuse claims by patients against doctors have no statute of limitations and are not covered by liability insurance.
  4. HIPAA (health privacy law) is created to protect the patient's privacy and covers medical records and photography of the patient ("Doc Hollywood-surgeons beware!)
  5. Further, by the way, divulging patient information in a blog or otherwise on social media (website, etc.) is a HIPAA violation.
  6. An "express warranty" may be established by including in the record a photograph, drawing, or picture that the patient believes will be their result from the cosmetic surgery.
  7. There are many more pitfalls...
[http://www.plasticsurgerypractice.com/2013/09/first-do-no-harm; http://expertconsultbook.com/medico-legal-issues-in-plastic-surgery; (book) "Understanding the Law: A Primer," Charles Jerome Ware (2008)]

Attorney Charles Jerome Ware is a premier medical malpractice attorney with a nationally respected reputation.  He is headquartered in Columbia, Howard County, Maryland.  For an initial courtesy consultation, call him at (410) 720-6129 or (410) 730-5016.



BODY AESTHETICS AND COSMETIC (PLASTIC) SURGERY: MARYLAND MED. MAL. ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."
[This information presented herein is not intended, nor should be interpreted, to be legal advice]

Increasingly in our "body aesthetics" society where "looks" or appearances dominate, cosmetic (plastic) surgery is popular.  However, the commodization and overzealous marketing of cosmetic surgery procedures may frequently compromise patient safety.  The key problem is that cosmetic surgery should not be treated as a commodity because, quite simply and frankly, it is not one.

Unlike most commodities or commercial products, cosmetic (plastic) surgery is not "interchangeable."  Patients are not uniform (instead, they are dissimilar), cosmetic surgeons are unique in their capabilities, and plastic surgery techniques are individualized.  Despite its present image, cosmetic surgery is still more medicine than business.

Trademarked labels and gadgets come and go in the cosmetic surgery field, but only a few prove to be genuinely effective.  Seldomly, however, does any new product prove to be as effective and important as the good plastic surgeon's expertise.  The bottom line is that patient safety and education should always take priority or precedence over any business or commercial concern [see, September/October 2013 issue, Aesthetic Surgery Journal, Dr. Eric Swanson, Leawood, Kansas].
There are many pitfalls that cosmetic (plastic) surgeons should avoid.  Just a few are as follows:
  1. Always remember --- and never forget --- that the person you are performing surgery on is a "patient" and not just a customer.  Dis-remember this point to your peril.
  2. "Informed consent" is an important process, not just a signed document executed by the patient.
  3. Generally, fraud and abuse claims by patients against doctors have no statute of limitations and are not covered by liability insurance.
  4. HIPAA (health privacy law) is created to protect the patient's privacy and covers medical records and photography of the patient ("Doc Hollywood-surgeons beware!)
  5. Further, by the way, divulging patient information in a blog or otherwise on social media (website, etc.) is a HIPAA violation.
  6. An "express warranty" may be established by including in the record a photograph, drawing, or picture that the patient believes will be their result from the cosmetic surgery.
  7. There are many more pitfalls...
[http://www.plasticsurgerypractice.com/2013/09/first-do-no-harm; http://expertconsultbook.com/medico-legal-issues-in-plastic-surgery; (book) "Understanding the Law: A Primer," Charles Jerome Ware (2008)]

Attorney Charles Jerome Ware is a premier medical malpractice attorney with a nationally respected reputation.  He is headquartered in Columbia, Howard County, Maryland.  For an initial courtesy consultation, call him at (410) 720-6129 or (410) 730-5016.



NEW MARYLAND "COSMETIC SURGERY" LAW (ARCHIVES, 2012): MARYLAND MED. MAL. LAWYER

www.CharlesJeromeWare.com.  "Here to make a difference."
On October 2nd, 2012, a new Maryland law went into effect that enabled consumer (patients) to better select "qualified" physicians [Maryland House Bill 957; Medical News Today, October 2, 2012; http://www.medicalnewstoday.com/articles/250932.php].
The new law requires physicians who publicize board certifications to announce their certifying board as well as their specialty.  Additionally, the law states that the only acceptable, certifying boards, are the 24 members of the American Board of Medical Specialties (ABMS), the alleged authoritative specialty board for all U.S. physicians.
Though relevant for all Maryland physicians, the law was particularly written for the "protection" of cosmetic (plastic) surgery patients.  It serves to weed out many doctors from other medical specialties who claim, but are not properly trained, in plastic surgery.
In the field of cosmetic (plastic) surgery specifically, to be certified by the American Board of Plastic Surgery (ABPS) a physician candidate must satisfy the following criteria:
  1. Must be a graduate of an accredited medical school;
  2. Must have finished a prerequisite surgical residency program (generally 3 to 5 years);
  3. Must have completed training in an approved plastic surgery program (2 to 3 years);
  4. Must have been recommended for ABPS certification by a chairperson of their training program;
  5. Must have passed a written and an oral exam;
  6. Must have submitted inventory of all operations performed; and
  7. Must meet ABPS ethical and moral standards.
[Charles Jerome Ware is a Maryland-based premier medical malpractice attorney with a nationally-respected reputation for client satisfaction and successful representation.  For an initial courtesy consultation, call him at (410) 720-6129 or (410) 730-5016]


Wednesday, October 15, 2014

("CCD") MARYLAND CANNABIS (MARIJUANA), CARS AND DUIs: "BEST 10 DUI & DWI ATTORNEY"

www.CharlesJeromeWare.com.  "Here to make a difference."
A. MARIJUANA USE IN MARYLAND, 2014

On October 1st, 2014, possession of less than 10 grams of marijuana in Maryland became a civil offense.  It has been decriminalized in the state, but not legalized.  Previously, those caught by law enforcement with less than 10 grams of cannabis could be charged with a criminal offense.  Now, they will receive a civil citation similar to a traffic ticket.  Civil citation penalties include $100 for a first offense, $250 for a second offense and $500 for a third offense.  Three-time offenders and teenage first-time offenders may be required to attend a drug education program.
Although Maryland has not decriminalized possession of paraphernalia, it is not expected that state prosecutors will vigorously pursue this offense separately.  It is anticipated that Maryland will decriminalize possession of paraphernalia in 2015. 
B. MARYLAND CARS, 2014

Maryland cars (drivers) are now required to move over into an open lane away from tow trucks attending to roadside emergencies, or to slow down to a "reasonable" and "Prudent" speed that is "safe", just as they have been required to do when approaching police and other emergency vehicles stopped on the road side.
Additionally, another new law creates added penalties for drivers who cause accidents resulting in death or serious injury while texting (text messaging) or talking on hand-held cell phones.  Offenders of this new law face penalties of up to a year in jail and a fine of $5,000.
C. MARIJUANA DUIs
Maryland drunk driving laws are strict and complex.  It is very important that you contact us as soon as possible after you are arrested for drunk driving.
After a DUI arrest, you have only 10 days from the date of the arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the office of administrative hearings and pay $150 to the Maryland State Treasurer. If a person is arrested for drunk driving or DUI and fails to request the hearing on time, their license will be suspended automatically.
In Maryland the blood alcohol concentration level (BAC) for a DUI (driving under the influence)arrest is .08 or higher. A blood alcohol concentration level of .07 will result in a DWI (driving while impaired) arrest.
Maryland DUI
  • Minimum drivers license suspension of 45 days.
  • Punishment of up to $1000 and 1 year in jail for a first offense DUI.
  • Punishment of up to $2000 and 2 year in jail for a second offense DUI.
  • A DUI conviction will result in 12 points on your Maryland drivers license record.
Maryland DWI
  • Drivers license suspension of up to 60 days.
  • Punishment of up to $500 and 2 months in jail for a first offense DWI.
  • Punishment of up to $500 and 1 year in jail for a second offense DWI.
  • A DWI conviction will result in 8 points on your Maryland drivers license record.
If you hold an out of state license and are arrested for DUI or DWI, you will need to schedule a Maryland MVA hearing in order to protect your driving privileges. Maryland is a member of the Interstate Driver's License Compact, which shares information about all driver's license actions with other member states. There are 45 states that belong to this compact.
Self-representation is not a good idea for anyone charged with DUI or DWI in Maryland.  The laws prohibiting drinking and driving, though Transportation Article-based, carry criminal penalties.  Without legal representation, the defendant (driver) may be fined or put in jail.

MARYLAND POLICE BRUTALITY AND TERRENCE G. JOHNSON: PRE-FERGUSON, MO. INJUSTICE

www.CharlesJeromeWare.com.  "Here to make a difference."
Charles Jerome Ware is a premier Maryland-based criminal defense attorney.  Attorney Ware represented Terrence Johnson during Johnson's parole process.
"No real sense of justice
July 30, 1991|By Wiley A. Hall 3rd| Baltimore Sun.
Negative message!
You wanna talk about a negative message? Keeping Terrence G. Johnson in prison sends the negative message to end all negative messages.
Yet yesterday, the Maryland Parole Commission said it voted unanimously to keep Johnson in prison for another eight years specifically to avoid this very thing.
"Our bottom line," said Paul J. Davis, commission chairman, "was that with violence on the rise in the community, we'd be sending a negative message out, and so the unanimous decision was to refuse parole."
Johnson, now 27, was convicted of manslaughter in the 1978 shooting death of Prince George's County police Officer Albert M. Claggett 4th.
So, I suppose Davis is saying the commission wanted to make it clear that it is not OK to kill cops in Maryland. And, he's right. It would be tragic, indeed, if the commission ever suggested by word or deed that it condoned killing cops.
But let's consider Johnson's case carefully. He was not a violent criminal when the state charged him with the first-degree murder of two Prince George's police officers. In fact, he was a scrawny, baby-faced, 15-year-old at the time, an average student in school with no criminal record.
He wasn't even a criminal suspect when police brought him and his brother into the Hyattsville district police station in June 1978. Police wanted to question his older brother about vandalism to a laundromat coin box. They held young Terrence there to wait for his parents.
But at some point that summer evening, according to testimony during his trial, young Terrence started mouthing off and Officer Claggett dragged him into a small fingerprint room and began to beat him up. In a blind panic, and fearing for his life, young Terrence grabbed the officer's service revolver and shot him in the stomach.
Afterward, he burst from the room, firing the gun wildly, fatally shooting a second officer, James B. Swart. The teen was charged with two counts of first-degree murder and handgun violations.
The case polarized an already divided community. Young Terrence is black. The two officers were white. At the time of the shooting, blacks had made several allegations of police brutality against Prince George's police, which the white power structure angrily denied.
There were even allegations of a "Death Squad" of detectives, operating out of the same Hyattsville station, that used undercover agents to recruit black teens for robberies then shot the youths during the commission of the crime.
Despite this racially charged atmosphere, members of a predominantly white jury apparently accepted young Terrence's story. They found him guilty of a lesser charge of manslaughter in Claggett's death and not guilty by reason of insanity in the death of Swart.
So, on the record, Johnson is not a typical, cold-blooded killer. The head of the parole board conceded as much yesterday.
"Yes," said Davis, "my sense was that, at the very least, the jury believed he [Johnson] at least feared he was going to be attacked by the first officer, and that he was smacked, and that that's when he grabbed the officer's gun."
The chairman also conceded that Johnson has been a model prisoner, earning high school and college diplomas in prison, and that at least half of the mail on this case -- from both blacks and whites -- has strongly urged that he be paroled.
But all of that meant nothing compared to the commission's determination not to send that "negative message."
"The commissioners determined that the good -- his institutional progress, his academic achievements -- didn't outweigh the bad," said Davis, "the bad being our perception of the impact of the crime on the community. And not just in P.G. County, but in Maryland and beyond."
"Who do they think they're fooling," countered attorney Charles Ware, who represented Johnson during the parole process. "This isn't about violence in the streets. It is a constitutional issue: How far can a citizen go when he is being beaten to death by people in authority?
"The parole board is telling black folks the system will not do the right thing for them, that if you want justice, you have to take to the streets and fight for it."
This, you will agree, is a negative message. It is a message that says the board is ruled more by politics than justice.
It is a message that stinks.
["No Real Sense of Justice," The Baltimore Sun, http://articles.baltimoresun.com/1991-07-30-news/]