www.charlesjeromeware.com. "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national DUI and DWI defense law firm. In fact, Attorney Ware is named one of the " 10 BEST DUI/DWI ATTORNEYS IN MARYLAND " by the American Institute of DUI/DWI Attorneys (AIDUIA).
For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Maryland driving under the influence (DUI) and driving while intoxicated (DWI) laws can be complicated for many people. That is why a knowledgeable and experienced DUI/DWI attorney can be so helpful when a person is detained or arrested for these offenses.
What is not frequently known or even discussed in these types of cases is the importance to the defendant of his or her 4th, 5th and 6th Constitutional Amendments rights. In sum, people must be secure against unreasonable searches and seizures.
The 4th Amendment applies to stops, searches and arrests of individuals accused of impaired driving ( DUI and DWI) : What was the officer's basis for the stop? What was the basis for the arrest ?
Did the police have reasonable suspicion to stop or arrest the driver?
The underlying principle of the 5th Amendment is that persons accused of crimes cannot be compelled to testify or present any evidence against themselves [ see, MIRANDA v. ARIZONA, 384 U.S. 436, 86 S. Ct. 1602 ].
The Constitutional principle of the 6th Amendment is to insure that an accused has access and the right to an attorney at all critical stages of legal proceedings. This protection is not just confined to the trial or hearing, but is applicable as early as an accused being the subject or target of a criminal investigation.
Maryland, by the way, is one of a handful of states that does in fact allow detainees and arrestees to have an attorney present while taking a chemical test to determine blood-alcohol content. Once arrested by police, you have the constitutional right to a Maryland DUI/DWI defense attorney. As long as your attorney can appear within two hours of your arrest, you can delay your chemical testing until your attorney arrives.
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