www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier Howard County-based, nationally-respected, DUI and DWI defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.
Although DUI and DWI cases in Maryland can be complicated, contrary to popular belief they do not rest on hard science. On the contrary drunk-driving enforcement rely primarily on pseudoscience and even junk science. Unfortunately, many Marylanders get convicted of DUI and DWI every court day, all too frequently by pleading guilty charges even in the face of highly questionable and challengeable prosecution "evidence". Hopefully, you will not be one of them.
NOTE: A DUI conviction can be very detrimental to your career. Generally, in Maryland and most other states, DUI convictions cannot be expunged.
Some basic DUI tips are as follows:
(1) The alleged smell of what is described as "alcohol" on the driver's breath, alone, does not mean he or she is under the influence of alcohol (DUI). Actually, "alcohol" (ethanol) has no odor --- and consequently does not smell. The actual odor associated with the "smell" of alcohol is actually a mixing agent or ingredient that could just as well be mixed in water ( for example, smell the non-alcoholic beverage 'O'Doul's').
(2) Field sobriety tests are inherently unreliable for a number of varied reasons. A DUI conviction should very rarely rest on the results of these tests alone.
(3) Blood alcohol test machines allegedly are virtually always calibrated on the physiology and anatomy of the "average male"[not female]. The problem is there is no average physiology of males; nor for that matter, females. In any event, the machines are biased against female anatomies and physiologies.
(4) Neither field sobriety tests nor the blood alcohol machine tests sufficiently allow for individuals' various medical conditions. For example, GERD ( Heartburn) can cause a falsely high reading on the DUI breath alcohol test.
(5) "Weaving" your vehicle on the road does not always constitute a valid basis for a DUI traffic stop. For instance, weaving within your lane does not justify a DUI traffic stop.
(6) Following the theme in (5), supra, there several innocent explanations for less-than-perfect (faulty) driving --- particularly over relatively short distances. Driver swerving for short distances, making wide turns or drifting out of your lane briefly are not necessarily signs of drunk driving. Drivers engage in these types of driving mistakes all the time --- including law enforcement.
(7) Despite what they and prosecutors allege, police have no " special ability" or unique training and/or experience to judge intoxication levels in drivers. Controlled studies performed by research institutions such as Rutgers University have shown this. < see more of our blogs.>
No comments:
Post a Comment