The Lawyer's Mailbox: September 2014

Tuesday, September 30, 2014

CHARLES WARE'S MARYLAND NEW LAWS REPORT, OCTOBER 1, 2014

www.CharlesJeromeWare.com. "Here to make a difference."
Charles Jerome Ware, Attorneys and Counselors, LLC, is a Maryland-based national boutique law firm. For further information or an initial courtesy consultation, call us at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware@msn.com.
The State of Maryland is currently one of the more prolific generators of new laws in the United States. From cellphone use in cars to marijuana use, the State is active with new legislation. A long list of the new Maryland laws go into effect on Wednesday, October 1st, 2014. The following are just a few of many that are likely to impact residents daily lives and interests:
1. The Death Penalty is officially repealed in Maryland, effective October 1st, 2014.
2. Drug Enforcement.
Certain chemicals found in synthetic marijuana, often known by street names such as "Spice" and "K2," will be designated as controlled and dangerous substances effective Oct. 1. This means they can't be distributed or possessed and if they are, it's a criminal offense.
3. Employment Law: Workplace Pregnancy.
Effective October 1st, 2014, new legislation will be in place for pregnant women in the work place. The law is designed to make sure those who are pregnant can't be denied certain reasonable accommodations at work or be forced out of their jobs because of disabilities brought on by pregnancy.
4. Fertilizers and Chesapeake Bay Environment Protection.
Lawn fertilizer laws are changing. New laws are set to go in place for manufacturers and distributors of fertilizer, lawn care professionals and homeowners or others treating residential lawns. The Department of Agriculture says the new requirements are meant to protect the Chesapeake Bay.
For a detailed list of requirements, view the Department of Agriculture's website.
5. "Grace's Law" --- Cyberbullying.
A cyberbullying law, also known as "Grace's Law," makes it a criminal offense to use an interactive computer service, like Twitter or Facebook, to cause "serious emotional distress on a minor" or causes the minor to fear for his or her life or physical safety.
Those found guilty of the misdemeanor offense face up to a year in prison in addition to a possible $500 fine.
The law is named after Grace McComas, a 15-year-old from Woodbine, Md., who committed suicide in 2012 after being bullied on Twitter.
6. GUNS, GUNS, GUNS.
Controversial gun laws begin on Oct. 1 in Maryland. The new law requires safety training and fingerprinting to purchase a handgun and limits magazines to 10 rounds. A total of 45 assault weapons will be banned as well.
However, on the same day the new gun laws go into effect, a hearing is scheduled in an attempt to block them from being implemented. Ahead of the law, Maryland has experienced a massive influx of applications for licenses as people try to beat the legislation.
7. Maryland Roadways, Intercounty Connection And MTA.Beginning October 1st, 2014, Starting Oct. 1, drivers who go through a toll booth at a bridge or on the Intercounty Connector without paying up could face problems with their vehicle registration.
Initially, drivers are notified of the dues by mail and have 30 days from the mail date to pay. If the driver pays, the case is closed. After that, if no payment is received, Maryland Transportation Authority will issue a $50 ticket on top of the original toll. The driver has the option to challenge the ticket in court or pay up.
If the citation is ignored, registration will be flagged for non-renewal or suspended.
8. Driving in Maryland.
In Maryland, using a handheld device while driving is already illegal. But on Oct. 1, it will be primary offense, which means drivers can get a ticket if they are using the phone, even if they are not breaking any other traffic rules. Until Oct. 1, it is a secondary offense, meaning that a driver must first be committing another offense, such as speeding or negligent driving.
"Police officers can and will be pulling people over just for talking on their hand-held cellphone device without a hands-free option," says Montgomery County Police Captain Thomas Didone.
The fines for driver's caught using cellphones are as follows:

$75 - first offense
$125 - second offense
$175 - third and subsequent offenses

"An officer needs no other reason other than to watch somebody talking on the cellphone to pull them over and issue a citation," says Didone, who adds the the first offense is $83 when factoring in court costs.
Another adjustment in the car is a seat belt law making it a primary offenseto drive or be a passenger in the front seat without a seat belt. Drivers or passengers riding in a car in the front seat must wear a seat belt or face a $50 fine.
Since it's a primary offense for people in front seats, a driver can be pulled over for only the seat belt offense. The fine doesn't apply only to the driver; a passenger can be ticketed, too. If the passenger is younger than 16, the driver will get the ticket.
An unbuckled backseat passenger faces a $50 fine as well, but it's a secondary offense.
9. Marijuana.
the state of Maryland classifies marijuana as a Schedule I substance with no recognized medical value and a significant potential for abuse. If you’re arrested for possession of marijuana and convicted of a misdemeanor offense, you may face a $1,000 fine, up to a year in prison or both.
This statute changes significantly beginning October 1, 2014. As a result of changes decreed by the Maryland General Assembly, possession of 10 grams or less in Maryland will no longer be considered a criminal offense. Instead, the penalty will be similar to receiving a speeding ticket.
Under the new law:

First offense by adults 21 and older will result in a fine of $100. No jail sentence is involved.
Second offense carries a fine of $250.
If you face a third offense for simple possession, you will be required to appear in court, subject to a possible $500 fine and potential drug treatment counseling.

Possession by individuals under the age of 21 calls for an automatic court appearance and possible court-ordered drug counseling.
[also see, http://www.wtop.com/41/3467962/New-laws-slated-for-Oct-1-in-Maryland]

Thursday, September 25, 2014

"MADA" - MARYLAND ASSAULT DEFENSE ATTORNEY: "BEST 10" ATTORNEY

www.CharlesJeromeWare.com. "Here to make a difference." We can help you.
In Maryland, assault is defined as an attempt to touch someone else without their consent. Usually, the touching in question is an act of violence, such as a punch or threatening someone with a weapon.
I. ASSAULT.
One of the most serious forms of assault in Maryland is known as first-degree assault. First-degree assault occurs when someone causes serious physical injury to another person. Under Maryland criminal law, serious physical injury means that the victim could have died or was permanently disfigured or disabled due to the altercation.

First-degree assault is a very serious crime, and it comes with a very serious penalty. Specifically, if you are convicted of first-degree assault, a judge may sentence you to a maximum of 25 years in prison.
A lesser assault charge is known as second-degree assault. In Maryland, second-degree assault is defined as causing someone physical injury. This excludes minor injuries.

Although less serious than first-degree assault, second-degree assault still comes with a fairly stiff penalty. In fact, if convicted, you can face up to 10 years in prison and a $2,500 fine.
There are other subcategories of assault that each have their own punishments. For example, if you assault an officer of the law, you will automatically face a maximum of 10 years in prison. If you poison someone by contaminating their food or water, that counts as assault as well and comes with a maximum 20-year prison sentence.

II. Maryland Assault Defenses: Self Defense

Many assault cases arise from fights, and often the person who started the fight is the one charged with assault. In these cases, self-defense is a commonly relied upon defense in Maryland.
Self-defense is when you claim to have used physical force (possibly even causing physical injury) because you were protecting yourself or someone else from physical harm. For this defense to be effective, however, you must show that the amount of force you used to protect yourself was reasonable.
Witnesses. You and your attorney will have to use witness testimony and any other evidence available to establish that you were indeed protecting yourself and that you did not start the fight. You will also need to show that the force you used against your would-be attacker was reasonable or else the jury may still find you guilty of some form of assault.

III. Maryland Assault Defenses: Lack of Evidence

Juries receive specific instructions regarding what must be proven beyond a reasonable doubt in order to convict someone of assault. This means that if there is not enough evidence to establish the criteria to convict you of an assault charge, you might be found not guilty.
To show there is a lack of evidence, your attorney will have to question the prosecutions witnesses and any evidence submitted to the court. The attorney can also call his or her sides own witnesses to try to establish doubt in the minds of the jurors.

III. MARYLAND ASSAULT PENALTIES AND SENTENCING GUIDELINES

Charge: Penalty:

Assault - 1st Degree - Maximum of 25 years imprisonment

2nd Degree Assault - Maximum of 10 years; Fine of $250

Reckless Endangerment - Maximum of 5 years

Assault on Law Enforcement Officer - Maximum of 10 years

Assault (Attempted Poisoning) - Maximum of 10 years (Minimum of 2 years)

Assault (Poisoning by water/food - Maximum of 20 years.

contamination)

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 his 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 America 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 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.

"MDDD" - MARYLAND DRUNK DRIVING DEFENSE: MARYLAND "10 BEST DUI AND DWI" ATTORNEY

www.CharlesJeromeWare.com. "Here to make a difference." We fight. You win.

Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national DUI and DWI drunk-driving defense law firm. Attorney Charles Ware himself is ranked "one of the BEST 10 DUI/DWI Defense Attorneys in the State of Maryland" by the American Institute for DUI/DWI Attorneys [AIDUIA]. For an initial courtesy consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.

Drunk-driving laws in Maryland can be complicated and complex, and drunk driving charges in Maryland are treated very seriously. If you are charged with drinking and driving in Maryland, do not delay in hiring a competent DUI and DWI Attorney.

Driving under the influence of alcohol, or "DUI" as it is usually called, is the most commonly committed crime in the United States. Yet it is almost always committed by a noncriminal - that is, by an otherwise respectable citizen who has never been in trouble with the law. Consequently, representation of the defendant often is attempted by attorneys not versed in criminal law.

Typically, the defendant's business or family lawyer will undertake to represent him "as a favor." Drunk driving, the lawyer tells himself, is merely a glorified traffic offense. Certainly it is not as serious or complex as a "real" crime, and therefore cannot call for any particular expertise.

This is invariably a tragic mistake for the client.

Drunk-driving defense is an extremely technical field of law, requiring knowledge of constitutional and statutory laws in your state, police procedures as well as the complex scientific and medical evidence that prosecutors will seek to use against you in court. If you go to a attorney who lacks the training an knowledge of what to do and when to do it, potential defenses that may be available to you in your case will never be properly raised and properly asserted. Any good criminal defense lawyer will admit that a DUI defense attorney has to know as much or more to handle a DUI case as a murder case.

Some of the most common DUI defenses involve the legality of the initial traffic stop, the voluntariness of field sobriety testing, issues surrounding the unreliability of the roadside evaluations (particularly when done incorrectly) and the issue of whether your arrest was legal. Police officers cannot pull someone over for no reason. Evidence that a crime has occurred or is being committed must be established at court. Many times, police videos help us have cases dismissed. If an attorney can prove that there was no probable cause for your traffic stop, or that the officer failed to gather sufficient proof of "impairment" by alcohol or by drugs to make a custodial arrest (i.e., to cuff you, versus letting you go after signing your traffic ticket) your whole driving under the influence case can be thrown out.

Breath testing equipment for DUI prosecutions and blood test laboratory DUI forensic evidence often are items of essential evidence to be used by the prosecution to prove that your breath alcohol level (BAL) or blood alcohol content (BAC) was over the applicable legal limit. These cases are often called "pre se" DUI cases. For all drivers age 21 and over who are not behind the wheel of a commercial vehicle, that level is 0.080 or more. Drivers under age 21 are held to a ZERO standard, but the breath test limit can be 0.00, 0.01 or 0.02 under state DUI laws.

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.

Sunday, September 21, 2014

HOWARD COUNTY MARYLAND " HERE TO MAKE A DIFFERENCE ", www.charlesjeromeware.com

For an initial courtesy legal consultation, call us at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware@msn.com. We are " Here to make a difference." www.charlesjeromeware.com.

Friday, September 19, 2014

DR. JOAN GINTHER, TEXAS LOTTERY MULTIPLE WINNER: SKILL OR LUCK?

Dr. Joan Ginther: "The Luckiest Woman In The World"

Ask those knowledgeable in Texas and California about Professor Joan Ginther, who earned her Doctorate degree (Ph. D.) in mathematics and statistics from California's Stanford University and won the Texas Lottery a whopping 4 times --- winning a total of $21 million!

Understandably, Dr. Ginther declines to be interviewed about her wins. But other mathematical experts say that the chances of Dr. Ginther accomplishing such a feat by sheer luck or chance are no less than one in 18 septillion! That's one in 18,000,000,000,000,000,000,000,000!!!
[see, www.dailymail.co.uk/August9th,2011; www.huffingtonpost.com/July132010; beaumontenterprise.com, August 9, 2011, "God or Math: Texas woman who won lottery four times is a Math GENIUS!"]

Sample reader reviews for the best-selling book, The Secret Science of Winning Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics (166 pages, $12.95) by Lotterician, Microeconomist and Attorney Charles Jerome Ware.

Available from all major booksellers, including: Amazon, Barnes & Noble, Outskirts Press, etc.

$     "This brilliant lottery book is sheer genius! A MENSA-Intelligent lottery 'Bible'! 5 out of 5 brilliant stars!!!!"
               -Lottery Multiple Winner E. Thomas

$     "This excellent lottery book is written for literate people. AND IT WORKS! It is entertaining as well as highly effective. This lottery winning book is not for dummies. It's for winners!"
               -Multiple Lottery Winner C. Perkins

$     "Have fun! Win the lottery with this valuable resource book!"
               -The Washingtonian Magazine

$     "This is the ideal book for lottery players who like numbers and great information about the lottery (lotto). It contains actual math formulas and algorithms that can be used in playing lottery (lotto) games. THEY WORK!"
               -Lottery Winner B. Guthrie

BASIC MARYLAND DUI, DWI and MVA POINTS: "BLURRED LINES"

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.
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.
In Maryland, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.
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.

HOWARD COUNTY MARYLAND DUI & DWI MVA LICENSE REINSTATEMENT: "BEST 10 DUI & DWI ATTORNEY"

www.CharlesJeromeWare.com. "Here to make a difference." For an initial courtesy consultation, contact DUI and DWI defense attorney Charles Ware at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware@msn.com. We fight, you win.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the MVA, once the period of suspension or revocation is over.

Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

a) To complete the reinstatement requirements, you must prove that you have successfully completed the Maryland Alcohol and Drug Abuse Program or a comparable program (the agency will send the proof to the MVA once you have completed the program), pay the reinstatement fee of $45/$75, and maintain proof of financial responsibility for three years from the date of suspension/revocation by filing SR-22.

b) If you are being convicted, it is mandatory for the court to order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive for three months to one year after the end of the one year of suspension.

c) You can submit the reinstatement application and fees in person at a MVA office near you.

LAMINECTOMY PERFORATES (CUTS) STOMACH: MARYLAND MED. MAL. REVIEW

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

[The discussion and information contained herein is not intended to be legal advice nor medical advice. No attorney-client relationship is established between the reader and the author with this blog]

DEFINITIONS

LAMINECTOMY is surgery that creates space by removing the lamina --- the back of the vertebra that covers a person's spinal canal. Also known as decompression surgery, laminectomy enlarges the spinal canal to relieve pressure on the spinal cord or nerves [http://www.mayoclinic.org/tests-procedures/laminectomy/basics/definition].
LAPARAOSCOPY is a surgery that uses a thin, lighted tube put through a cut (incision) in the belly to look at the abdominal organs or the female pelvic organs. Laparoscopy is used to find problems such as cysts, adhesions, fibroids and infection. Tissue samples can be taken by biopsy through the laparoscopic tube [http://www.webmd.com/digestive-disorders/laparoscopy].
PEDICLE is a stub of bone that connects the lamina to the vertebral body to form the vertebral arch in the body [http://www.spine-health.com/glossary/pedicle]
GRAHAM PATCH defines a surgery procedure to close an opening in the duodenum caused be a peptic ulcer. The technique is named after a Canadian doctor who successfully used a flap of skin inside the abdominal cavity (the "omentum") to repair perforated ulcers [http://www.wisegeek.com/what-is-a-graham-patch].
K-WIRE (or Kirschner Wire) is a steel wire for skeletal transfixion of fractured bones and for obtaining skeletal traction in fractures [http://medicaldictionary/thefreedictionary.com/k-wire].

Case Overview:

A man underwent a minimally invasive surgery according to the surgeon’s report. He had a laminectomy at L4 with K wires placed into the pedicles bilaterally at L4 and L5. Two days later he developed terrible abdominal pain and a CT scan showed free intraabdominal air. Exploratory laparoscopy was performed and was converted to an open laparotomy. Bubbles were seen coming from a pinpoint microperforation in the anterior body of the stomach. Graham patch repair was performed. The man now has a significant vertical scar on his abdomen and has had health issues and pain since this happened.

Issues:

1) Should perforation at that location have occurred?
2) Is this a risk of the surgery?
3) Any other comments would be helpful to decide if we should or should not go forward with this matter.

www.medquestltd.com, medQuest Expert Opinions:

1). The perforation of the stomach should be a standard of care violation. (A neurosurgeon)

2.) Yes. This is a common kind of case, namely, an injury anterior to the spine during a lumbar surgery. It can be the aorta, intestine. These generally have merit from the plaintiff’s standpoint. (A neurosurgeon)

3.) This is a risk of surgery. Actually, people would be surprised how often the k-wire is inadvertently advanced too far. I bet that in most cases, nothing important is punctured and there is no consequence. I know that someone will criticize this by saying that it HAS to be malpractice to allow a surgical instrument to get out of control and lead to an injury; but I cannot in good conscience support a case like that.

[http://www.medquestltd.com/laminectomy-perforation-stomach/9/18/2014]

MARYLAND DUI, DWI AND MVA: "BEST 10 DUI & DWI ATTORNEY"

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

Drunk driving laws in Maryland can be complicated and complex. Enforcement of these laws is stringent. Self-representation in court is realistically not an option.

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Maryland, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year [DMV.org].

I. Blood Alcohol Concentrations )BAC:

In Maryland, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age to be called a DUI offense and 0.07% to be called a DWI offense and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a Maryland license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for 120 days for first offense and for one year for second and subsequent offense.

Points will be added to your driving record and your license will be suspended or revoked, if you are convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

II. UNDERAGE DRINKING AND DRIVING:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI attorney as they are experts at handling such incidents and can offer you the best advice.

The first offense is treated as a Misdemeanor and may result in imprisonment for up to one year and/or up to a $1000 fine. Also, if convicted for a first offense DUI or DWI or for driving under the influence of drugs (DUID):

1) 12 points will be added to your driving record for DUI and 8 points for DWI.

2) Your license will be suspended for 45 days (DUI) or 90 days (BAC 0.15 or above).

3) You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions.

4) You will have to undergo substance abuse assessment by an authorized provider at your cost.

5) The imprisonment for DWI may be for two months and/or fine up to $500.

6) If you are accompanied by a minor, the imprisonment can be up to two years and/or up to $2000 fine. In this case, for DWI the imprisonment is up to six months and/or up to $1000 fine.

The second offense or two offenses is treated as a Misdemeanor and may result in three years may result in imprisonment for two years and/or up to $2000 fine. Also, if convicted for the second offense of DWI, DUID or BAC:

1) 8 points will be added to your driving record.

2) Your license will be revoked for 90 days or 180 days (BAC 0.15 or above).

3) You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions.

4) The imprisonment for DWI may be for one year and/or fine up to $500.

5) If you are accompanied by a minor, the imprisonment can be up to three years and/or up to $3000 fine. In this case, for DWI the imprisonment is up to one year and/or up to $2000 fine.

6) 48 hours imprisonment is mandatory or minimum 80 hours of community service.

The third offense or three offenses may result in five years may result in imprisonment for three years and/or up to $3000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:

12 points will be added to your driving record.

Your license will be revoked for a year.

You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions.

You will have to undergo substance abuse assessment by an authorized provider at your cost.

If you are accompanied by a minor, the imprisonment can be up to four years and/or up to $4000 fine.

III. PENALTIES FOR DUI/DWI DRIVERS UNDER 21:

Points will be added to your driving record and your license suspended or revoked, if you are convicted under the "minor in possession/other alcohol offenses" law(trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02%) while driving.

The license may be suspended or revoked for six months after the first conviction, one year or up to you are 21 years old which ever is longer after the second conviction. You may also have to pay a $500 fine.

You may also have to undergo an alcohol treatment program.

Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

IV. PENALTIES FOR DUI/DWI COMMERCIAL VEHICLE DRIVERS:

If you drive a commercial vehicle and hold a commercial driver license (CDL):

Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order by the arresting officer.

You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.

You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.

Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

V. MVA ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

A. Maryland laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

1) He/she is aged 21 and above and is driving with BAC 0.08% or more.

2) He/she is aged below 21 and is driving with BAC 0.02% or more. Your license or driving privilege can be suspended by the Motor Vehicle Administration (MVA) if you drive with an alcohol level of .10 or above. This is a distinct and separate offense from DUI and DWI. You may be eligible for a restricted license if you meet the conditions.

B. If you are arrested for DUI/DWI, the arresting officer will confiscate your Maryland driver license and issue a temporary 45-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the MVA. The driver can schedule an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous two-year driving record. If he has any alcohol related convictions or suspensions for this two-year period, his license will be revoked for 120 days, and if not, then it will be suspended for 60 days. You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions. The suspension or revocation begins after the final order of the hearing officer is mailed from the MVA.

Tuesday, September 16, 2014

MARYLAND INSTITUTE ON CLASS ACTIONS (MICA)

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

The Maryland Institute on Class Actions (MICA), in cooperation and conjunction with the national Maryland-based law offices of Charles Jerome Ware, Attorneys and Counselors, LLC, is a center of knowledge for the study and development of sound approaches to class action lawsuits, as well as a resource for advice, consultation, and representation in class action matters. For an initial courtesy consultation, contact us at (410) 730-5016, (410) 720-6129, or email us at charlesjeromeware@msn.com.

Class action lawsuits are among the most prevalent and important forms of adjudication of civil matters in the United States.

Class action lawsuits are best conceptualized as representative, not group, litigation. While the rights of many people are resolved in one proceeding, the adjudication is done by representatives, not by the group getting together to go to the courthouse. In a class action, one or several representatives litigate or settle claims, with the judgment then binding everyone within the class. The practices and doctrinal requirements of class action lawsuits are most easily understood if the representative nature of the action is kept in mind.

Class Action Fairness Act of 2005

In February 2005, Congress enacted the Class Action Fairness Act of 2005 (CAFA). CAFA alters class action practice in state and federal courts throughout the United States. The law: changes the rules for federal diversity jurisdiction and removal, enabling most large class cases to be filed in, or removed to, federal court; restricts the practice of coupon settlements; and transforms the procedures for settling class actions in federal courts. CAFA contains a host of new, often complex, rules.

Class actions lawsuits rarely go to trial. Some are dismissed on legal motion, but the vast bulk are settled. These negotiated settlements in class action lawsuits are essentially large financial transactions. Defendants purchase a commodity – finality. They buy from the plaintiffs’ representatives the plaintiffs’ right to sue. The financial transaction is a transaction about legal rights, to be sure, but the buying and selling of those legal rights, not their likely adjudication, is the core purpose for coming together in an adjudicatory framework.

Attorney Charles Ware has acted in the capacity of primary legal counsel in several class action lawsuits, very successfully. Call us for a free consultation.

MARYLAND RULE 4-248 "STET" EXPLAINED

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

The "stet" docket is an inactive docket maintained by the State's Attorney's office. If a criminal case is placed on the "stet" docket, the defendant typically must waive his or her rights to a speedy trial in the original case. The case remains on the "stet" docket for a specified period of time, during which either side (the prosecutor or the defendant) can ask the court to place the case back on the active docket for trial.

Usually, in "stet" matters the prosecutor does not think the chances of a conviction are likely. There may be conditions attached when placing the case on the "stet" docket, such as no contact between the defendant and the victim/complainant [see, http://definitions.uslegal.com/s/stet-docket].

Specifically, in Maryland the rule on stet docket treatment is as follows:

(a) Disposition by stet. On motion of the State's Attorney, the court may indefinitely postpone trial of a charge by marking the charge "stet" on the docket. The defendant need not be present when a charge is stetted but if neither the defendant nor the defendant's attorney is present, the clerk shall send notice of the stet to the defendant, if the defendant's whereabouts are known, and to the defendant's attorney of record. Notice shall not be sent if either the defendant or the defendant's attorney was present in court when the charge was stetted. If notice is required, the clerk may send one notice that lists all of the charges that were stetted. A charge may not be stetted over the objection of the defendant. A stetted charge may be rescheduled for trial at the request of either party within one year and thereafter only by order of court for good cause shown.

(b) Effect of stet. When a charge is stetted, the clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of the charge, unless the court orders that any warrant or detainer shall remain outstanding.
For an initial courtesy consultation, call the law offices of Charles Jerome Ware, Attorneys & Counselors, LLC, at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware.com.

Monday, September 15, 2014

HOWARD COUNTY LAWYER EXPLAINS "PBJ": MARYLAND "BEST 10" DUI & DWI ATTORNEY

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

For an initial courtesy consultation, call premier Maryland criminal defense attorney Charles Ware at (410) 730-5016 or (410) 720-6129, or email the firm at charlesjeromeware@msn.com. He can help you.

[Though designed to be helpful, this information presented does not establish an attorney-client relationship].

Among his numerous awards and accomplishments in the law, defense attorney Charles Ware is ranked and recognized by his many satisfied clients as well as his legal peers as a "U.S. Super Lawyer" and one of the "BEST 10" DUI and DWI Attorneys in the State of Maryland.

"Probation before judgment," or "PBJ," is a term frequently used in some states, including Maryland, which means "deferred adjudication." It is typically used by some states in sentencing certain firt-time offenders, under state law. [see, http://definitions.uslegal.com/p/probation-before-judgment].

"Probation before judgment" (PBJ) is a substitute for incarceration, generally speaking. The probationer (recipient of the "PBJ") is assigned to the Parole and Probation (P&P) office and may or may not have any P&P reporting requirements, etc. The most important points, I think, about the PBJ are (1) the lack of incarceration, (2) the fact that once the PBJ is satisfactorily completed there is no criminal conviction, and (3) there remains no criminal record. Further, upon completion of the PBJ (4) "expungement" of the record may become possible, and is likely.

For non-U.S. citizens it should be understood, however, that immigrants may be subject to deportation or exclusion based on a criminal conviction. Under Federal law, probation before judgment. (PBJ) is treated as a criminal conviction, even though it is not treated as a criminal conviction under Maryland state law.

[see, 2010 Maryland Code, Criminal Procedure, Title 6-Trial and Sentencing, SUbtitle 2-Sentencing, Section 6-220-Probation BEfore Judgment; http://justia.com/codes/maryland/2010/Cimnal Procedure]

MARYLAND "PROBATION BEFORE JUDGMENT" (PBJ): "BEST 10" DUI & DWI ATTORNEY

MD. RULE 4-345 vs. FEDERAL RULE 35: COURT'S REVISORY POWER: MARYLAND "10 BEST" ATTORNEY

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

Maryland Rule 4-345 (Sentencing-Revisory Power of Court) provides the court with revisory power and control over a criminal sentence upon a motion filed within 90 days after it is imposed (1) in the District Court, if an appeal has not been perfected, and (2) in a circuit court, whether or not an appeal has been filed. Thereafter, the court has revisory power and control over the sentence in case of fraud, mistake, or irregularity, or as provided in section (d) of Rule 4-345 (Desertion and Non-Support Cases). It must be noted that the court may correct an illegal sentence at any time.

This rule is virtually identical to Federal Rule of Criminal Procedure 35.

If you or a loved one have been sentenced for a crime in Maryland, we are willing to assist you, your loved one and/or your attorney in this process. For an initial courtesy consultation, call us at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware@msn.com; Charles Jerome Ware, Attorneys and Counselors, LLC.

HO. CO. DRINKING & DRIVING DEFENDANT: MARYLAND "BEST 10" DUI & DWI ATTORNEY

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.

MARYLAND FEMALES AND DUI/DWI FIELD SOBRIETY TESTS: "BEST 10" DUI/DWI DEFENSE ATTORNEY

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

Premier Maryland criminal defense attorney Charles Jerome Ware is ranked and recognized by his many satisfied clients as well as his legal peers as one of Maryland's "BEST 10" DUI and DWI Defense Attorneys [AIDUIA]. Attorney Ware is also acclaimed as a "U.S. Super Lawyer," a "Maryland Top Lawyer," as well as a Recipient of the prestigious national "Charles Hamilton Houston Award for Outstanding Trial Advocacy," among numerous other awards and accomplishments in the field of law. For an initial courtesy consultation, call us at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware@msn.com.

This blog is for informational purposes only; not designed to be legal advice; and does not establish an attorney-client relationship.

A. DEFENDING WOMEN IN MARYLAND WITH DUI AND DWI CHARGES:

If you have been arrested for DUI or DWI, call us to discuss your case. Schedule a confidential and free consultation to discuss the best strategy for fighting your charges. The breath test machine can be inaccurate, especially when the person taking the test is a woman. Other special considerations are important when defending DUI cases against women.

The criminal defense lawyers at Charles Jerome Ware, LLC pay particular attention to special defenses that might be available to women charges with DUI. Call us today to discuss your case, at (410) 730-5016 or (410) 720-6129.

B. MARYLAND WOMEN AND DUI/DWI FIELD SOBRIETY TESTS:

After a woman is stopped for drunk driving, the officer may request that she exit the vehicle to perform certain roadside agility exercises, called "field sobriety tests." These tests can be especially difficult for women to complete successfully because of their legitimate concerns about safety or the difficulty dealing with the stress of the situation.

Most officers in Maryland have received some training in conducting three types of exercises:

the HGN test (look at the tip of my pen and follow it with your eyes);
the walk and turn test (take 9 steps down the line and nine steps back);
the one leg stand (lift your foot off the ground and count).

Although the arresting officer may not tell you that the tests are voluntary, Maryland law makes it very clear that the exercises are completely voluntary. If you tell the officer you do not want to take the exercises, he or she is suppose to tell you that the downside is that your "refusal" can be used against you in court. This means that at trial the jury might be told that you declined the officer's invitation to take the voluntary exercises.

The "Key" is this: The officer is looking for "probable cause" to charge you.

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Friday, September 12, 2014

MARYLAND "BEST 10" DUI & DWI LAWYER: DEFENDING WOMEN IN DRUNK DRIVING CASES

www.CharlesJeromeWare.com. "Here to make a difference. We can help you."

Among his numerous other accolades, accomplishments, awards and honors, defense attorney Charles Ware is recognized as "one of the 10 BEST DUI and DWI Attorneys in Maryland" by the national organization, American Institute of DUI and DWI Attorneys [AIDUIA].

For an initial courtesy consultation, contact his law firm --- Charles Jerome Ware, Attorneys & Counselors, LLC, at charlesjeromeware@msn.com, (410) 720-6129 or (410) 730-5016. We can help you.

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.

Women need to be aware of the specific issues that face them when they're arrested for DUI in Maryland.

Although men account for an overwhelming majority of the arrests for DUI, the percentage of women arrested for DUI is steadily rising. In 1979, women made up only 10% of the total arrests for DUI in Maryland, whereas in 2003, 15% of those arrested for DUI were women.

The biggest factor affecting the number of women arrested for drunk driving is the change in law enforcement's attitude towards DUI. Law enforcement has placed more emphasis on making DUI arrests than in the past. Due to changing social policies, women face increased scrutiny and less leeway when it comes to encounters with the police. Additionally, the threshold amount of alcohol that one may legally have in her system while driving has been lowered from an alcohol concentration of 0.10 to .08. This has led to a greater number of women being arrested and charged with drunk driving.

The equipment used to determine alcohol concentration is another aspect that women need to understand. Medical experts have recently raised serious doubts about the accuracy of the machines used by Maryland's law enforcement authorities to calculate the alcohol concentration of women. Current research suggests that the Intoxilyzer 5000, is biased against women.

The Intoxilyzer 5000, is calibrated to men's physiology and the way a man's body metabolizes alcohol. However there is ample research available indicating that women metabolize alcohol in a different way than men, and the breath machine fails to take these differences into account. In many cases, this produces skewed test results that falsely report a woman's alcohol concentration as being higher than it actually is. Given the amount of weight afforded to these test results by the State Legislature, there are many legal issues that may be successfully raised in court regarding the validity of these results as they pertain to women.

MARYLAND "SCIENCE" OF DUI & DWI REVISITED BY THE DEFENSE: "U.S. Super Lawyer," Maryland "BEST 10" DUI & DWI Attorney [AIDUIA]

www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.

Premier Maryland criminal defense attorney Charles Jerome Ware is ranked and recognized by his many satisfied clients as well as his legal peers as, among numerous other awards and accomplishments, as one of the State of Maryland's "10 BEST" DUI and DWI Attorneys, as well as a "U.S. Super Lawyer" [AIDUIA]. For an initial courtesy consultation, call defense attorney Charles Ware at (410) 730-5016 or (410 720-6129, or email him at charlesjeromeware@msn.com. We can help you. Guaranteed.

THE "SCIENCE" OF DUI AND DWI DEFENSE

The complicated legal area of DUI and DWI defense is generally considered by us veteran criminal defense attorneys as both an "art form" as well as a "science." DUI and DWI defense attorneys who represent clients in these complex cases must be well-versed in human physiology, chemistry, electronics and, to some extent, the field of psychometrics in handling standardized and non-standardized field sobriety tests during DUI and DWI stops.

For example, consider breath analyzers. In the U.S., at least five primary breath analyzers are made by four different manufacturers and are used in all 50s states and the District of Columbia. All of these devices operate from infrared spectroscopy or by means of a fuel cell, or both methods of analysis and detection.

None of these devices allow for differences in gender, for example, and the physiological differences between men and women in registering the effects on their bodies of alcohol consumption, and in particular their "blood alcohol concentrations" (BACs).

There are numerous ways to challenge evidence from these machines. DUI/DWI defense attorneys must understand the internal workings of any breath testing device used in your case in order to be able to cross-examine the state's witnesses effectively on the breath machine’s alleged accuracy.

In DUI matters, the "opinion" evidence [about the driver’s alleged ‘impairment’] gathered by police officers typically consists of field or roadside sobriety tests and observations of the way the driver acted, smelled, spoke or walked shortly after being stopped or confronted by the officer. These agility exercises are supposed to indicate that the person suspected of drunk driving was actually impaired or in some way "a less safe driver."

Scientific and scholarly studies have shown that field sobriety tests are routinely not given uniformly or in strict compliance with the “standardized” training that is essential to have any reliability at all. No scientific basis exists for claiming they are valid indicators of ‘impairment’ versus just being too difficult for many people to master as they stand on the shoulder of a busy highway. Most officers either require the wrong tests or improperly instruct the suspect on how to perform the tests. An experienced DUI defense attorney can sometimes obtain a pre-trial ruling that the so-called ‘field tests’ and their alleged indication of impairment must be excluded from evidence (or not be characterized as ‘tests’ in front of the jury) due to lack of a true scientific foundation or because the officer gave faulty instructions or failed to demonstrate the way he/she wanted the tests to be performed, or because the officer failed to ask the required screening questions to “qualify” the driver as being a proper test subject.

These are just a few examples of the level of intensive, specialized training and knowledge required in drunk driving matters. The DUI and DWI defense lawyer should leave no stone unturned. These cases require detailed investigation.

Finally, and additionally, when testing a driver for DUI, law enforcement officers often give other tests that have not been declared as standardized. The HGN test is generally considered to be reliable because it has its basis in science. Other tests can be challenged by your drunk driving lawyer in Maryland if they are used by the officer to determine that a driver is impaired. Some of these tests may not have been verified in any manner to be trustworthy when charging a person with DUI, but officers will use them anyway.

If you have been arrested or charged for drunk driving in Maryland, call us at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware@msn.com.

[see, Drunk Driving Defense, 3d Edition, by Lawrence Taylor, JD/Little Brown & Co.; "A Review of BReath Alcohol Methods," 12 Journal of Chromatographic Science 214 (1974); "Evaluation of BReath Alcohol Instruments," 28 Forensice Science International 147 (1985); "Reliability of Breath-Alcohol Measurements During the Absorptive Phase," 33 Clinical Chemistry, 2128 (1987); http://drunk-drivingdefense.com/dui-defense.htm]

4-345 MOTIONS FOR RECONSIDERATION, MODIFICATION OR REDUCTION ("MRMR") OF SENTENCES IN MARYLAND: "BEST 10" ATTORNEY, "U.S. SUPER LAWYER"

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

Maryland Rule 4-345 (Sentencing-Revisory Power of Court) provides the court with revisory power and control over a criminal sentence upon a motion filed within 90 days after it is imposed (1) in the District Court, if an appeal has not been perfected, and (2) in a circuit court, whether or not an appeal has been filed. Thereafter, the court has revisory power and control over the sentence in case of fraud, mistake, or irregularity, or as provided in section (d) of Rule 4-345 (Desertion and Non-Support Cases). It must be noted that the court may correct an illegal sentence at any time.

If you or a loved one have been sentenced for a crime in Maryland, we are willing to assist you, your loved one and/or your attorney in this process. For an initial courtesy consultation, call us at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware@msn.com; Charles Jerome Ware, Attorneys and Counselors, LLC.

MARYLAND MED. MAL. STROKE SCENARIO --- EXPERTS OPINE: Tissue Plasminogen Activator (t-PA) Not Indicated

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

Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national medical malpractice law firm. The information provided herein does not establish an attorney-client relationship of any type.

Case involves a 74 y/o male who became dizzy with left sided weakness at home when getting up from bed. He fell into the bed post, injuring his eyebrow w/ bleed on 6/25/09 at approximately 3:48 am. Ambulance was called and he advised EMS that he had noticed left sided arm & leg weakness & left facial droop w/ slurred speech at that time. He was taken by ambulance to the Hospital where the records reflect he was sent for CT scan.

Subsequent to the CT, his symptoms temporarily resolved and he was able to move his left arm. Then suddenly approx 15 minutes later he developed symptoms again, including left tongue deviation, left facial droop, L sided paralysis, weakness, difficulty lifting w/ L arm. No tPA* was given according to the records because the physicians evaluating him felt that he had the prior resolution of symptoms. The stroke team was called and they decided to start him on Heparin. A cardiovascular assessment noted afib on CM with no history of irregular heartbeat. Electrocardiogram showed afib w/ LVH. CT of the brain revealed no intracranial hemorrhage. His symptoms seemed to continue to reappear, then disappear, reappear and the impression was a CVA. They felt they would now start Coumadin dosing for DVT. [*t-PA dissolves blood clots. It is used early-on to treat people who are having a stroke].

The CT scan of 6/25/09 revealed old L Basilar ganglia/Lentiform Nucleus infarct & periventricular white matter changes w/o evidence of acute parenchymal hemorrhage, edema or mass effect. It appears that he subsequently had a further CT scan on 6/27/09 which revealed an acute infarct now in the right pons. Ultrasound of the lower extremities revealed no evidence of DVT. On 7/1/09, the patient had ICD placed. Regadenson perfusion study was performed 7/1/09 and revealed evidence of infarction in the LAD and RCA territories. Gated analysis revealed multiple regional abnormalities (ejection fraction of 20% post stress) and a fixed antero-septal apical defect of severe intensity consistent w/ infarction . He was ultimately discharged to a rehab but continued w/ left sided weakness and paralysis. We would appreciate your opinion on the care rendered to this gentleman as he believes he wasn’t treated appropriately for a possible stroke.

MEDQUEST EXPERT RESPONSES [medQuest/info@medquestltd.com/9-11-14]:

tPA is indicated in new lesions and would probably be off label in the time frame you sketched out. He presented with what sounded like a TIA with atrial fib which was correctly treated with heparin. After 3 hours post event there is no approval for tPA use and after 5 hours even little data especially for what seems like a pontine stroke. As to whether it would have helped it’s difficult to say as I assume there are no before infarct scans. Unlikely the outcome would have been different.

- Dr AT, Neurologist

The key to this case is the initial “improvement”. If the arm got better, but the face and speech didn’t resolve completely, then he was never going to be a candidate for tPA as the damage was done.

- Dr DB, Neurologist

[http://www.medquestltd.com/tpa-not-indicated-for-stroke-patient//medQuest]