Saturday, June 20, 2015
The Lawyer's Mailbox: "MARYLAND BEST 10 DUI & DWI ATTORNEYS" UPDATE - BR...
The Lawyer's Mailbox: "MARYLAND BEST 10 DUI & DWI ATTORNEYS" UPDATE - BR...: www.charlesjeromeware.com "Here to make a Difference" in your DUI and DWI Defense. For an initial courtesy consultation, contac...
"MARYLAND BEST 10 DUI & DWI ATTORNEYS" UPDATE - BREATHALYZERS STILL FAIL : CHARLES JEROME WARE, LLC
www.charlesjeromeware.com "Here to make a Difference" in your DUI and DWI Defense.
For an initial courtesy consultation, contact premier DUI and DWI defense attorney Charles Ware at (410) 720-6129. We can help you.
Among other honors, awards and recognitions, defense attorney Charles Ware is ranked by his numerous satisfied clients and many legal peers as one of Maryland's " BEST 10 DUI and DWI ATTORNEYS" [AIDUIA], " U.S. SUPER LAWYER" [MA], "TOP LAWYERS IN MARYLAND" [[ALM], "TOP 100 TRIAL LAWYERS" [NTL], "BEST ATTORNEYS OF AMERICA" [RR], " CLIENT DISTINCTION AWARDEE"[ Martindale & Hubbell], "GOOD COUNSEL"[Baltimore Sun], " WHO's WHO IN BLACK BALTIMORE"[Who's Who], etc.
DUI and DWI breathalyzer machines have had a history of controversy over their fairness, effectiveness, and credibility when used as evidence in courts of law. Despite continued reliance upon them by law enforcement, to this day they continue fail and malfunction.
BREATHALYZERS DISCRIMINATE AGAINST FEMALES
One of the major concerns I have always had about these "DUI machines" is their apparent bias against females. Yes --- I said it --- DUI breathalyzers discriminate against females.
The bodies of males and females are physiologically different; and consequently their bodies metabolize alcohol differently [e.g., "... men are from Mars and women are from Venus"--blah,blah, blah]. Breathalyzers are allegedly manufactured with consideration or perspective of the "average male." In my view, there are at least two problems with that "consideration or perspective" : first, in reality there is no such individual as an "average male", physiology; secondly, the machine obviously does not consider the female body physiology at all. Many authorities call this difference between male and female physiologies in DUI testing the "gender factor."
OTHER ISSUES CONCERNING THE USE OF BREATHALYZERS
Law enforcement has done an excellent of convincing the unwitting public that the breathalyzer test is absolutely reliable scientific evidence. It is not. Many judges and most jurors unfortunately rely
upon the breathalyzer test as the God of DUI evidence. It is not.
Strict standards should be followed in using breathalyzer machines; but they are frequently not followed:
(1) The police operators of these DUI breathalyzer machines should have the legally proper field training to be competent;
(2) The laboratories conducting the analyses and regulating the functions of these machines must be properly staffed, operated, and licensed;
(3) All samples (breath, blood, urine, etc.) --- to the extent scientifically possible --- must be correctly preserved and stored;
(4) All standards for analytic procedures must be met;
(5) Proper laboratory and breath machine records must be kept; and
(6) Complete chain of custody of samples must be followed and maintained.
A standard law enforcement procedure is to set-up the breathalyzer test with series of field sobriety tests (FSTs). To be succinct, field sobriety testing is completely subjective. FSTs are all subject to the officer's opinion or judgment. Consequently, this set-up for the breathalyzer test is severely flawed Additionally, many of the questions asked by officers before testing are designed to discover unique problems that may affect a person's performance on the pending test. The degree to which the officer considers the answers he receives from the subject of the test is subjectively variable to each officer. In actuality then, the true performance of the subject is not always reported because of the individual officer's subjectivity. The same can be said of the breath testing results.
For an initial courtesy consultation, contact premier DUI and DWI defense attorney Charles Ware at (410) 720-6129. We can help you.
Among other honors, awards and recognitions, defense attorney Charles Ware is ranked by his numerous satisfied clients and many legal peers as one of Maryland's " BEST 10 DUI and DWI ATTORNEYS" [AIDUIA], " U.S. SUPER LAWYER" [MA], "TOP LAWYERS IN MARYLAND" [[ALM], "TOP 100 TRIAL LAWYERS" [NTL], "BEST ATTORNEYS OF AMERICA" [RR], " CLIENT DISTINCTION AWARDEE"[ Martindale & Hubbell], "GOOD COUNSEL"[Baltimore Sun], " WHO's WHO IN BLACK BALTIMORE"[Who's Who], etc.
DUI and DWI breathalyzer machines have had a history of controversy over their fairness, effectiveness, and credibility when used as evidence in courts of law. Despite continued reliance upon them by law enforcement, to this day they continue fail and malfunction.
BREATHALYZERS DISCRIMINATE AGAINST FEMALES
One of the major concerns I have always had about these "DUI machines" is their apparent bias against females. Yes --- I said it --- DUI breathalyzers discriminate against females.
The bodies of males and females are physiologically different; and consequently their bodies metabolize alcohol differently [e.g., "... men are from Mars and women are from Venus"--blah,blah, blah]. Breathalyzers are allegedly manufactured with consideration or perspective of the "average male." In my view, there are at least two problems with that "consideration or perspective" : first, in reality there is no such individual as an "average male", physiology; secondly, the machine obviously does not consider the female body physiology at all. Many authorities call this difference between male and female physiologies in DUI testing the "gender factor."
OTHER ISSUES CONCERNING THE USE OF BREATHALYZERS
Law enforcement has done an excellent of convincing the unwitting public that the breathalyzer test is absolutely reliable scientific evidence. It is not. Many judges and most jurors unfortunately rely
upon the breathalyzer test as the God of DUI evidence. It is not.
Strict standards should be followed in using breathalyzer machines; but they are frequently not followed:
(1) The police operators of these DUI breathalyzer machines should have the legally proper field training to be competent;
(2) The laboratories conducting the analyses and regulating the functions of these machines must be properly staffed, operated, and licensed;
(3) All samples (breath, blood, urine, etc.) --- to the extent scientifically possible --- must be correctly preserved and stored;
(4) All standards for analytic procedures must be met;
(5) Proper laboratory and breath machine records must be kept; and
(6) Complete chain of custody of samples must be followed and maintained.
A standard law enforcement procedure is to set-up the breathalyzer test with series of field sobriety tests (FSTs). To be succinct, field sobriety testing is completely subjective. FSTs are all subject to the officer's opinion or judgment. Consequently, this set-up for the breathalyzer test is severely flawed Additionally, many of the questions asked by officers before testing are designed to discover unique problems that may affect a person's performance on the pending test. The degree to which the officer considers the answers he receives from the subject of the test is subjectively variable to each officer. In actuality then, the true performance of the subject is not always reported because of the individual officer's subjectivity. The same can be said of the breath testing results.
Friday, June 19, 2015
The Lawyer's Mailbox: MARYLAND UNDERAGE (UNDER 21) DUI AND DWI : DEFENS...
The Lawyer's Mailbox: MARYLAND UNDERAGE (UNDER 21) DUI AND DWI : DEFENS...: www.charlesjeromeware.com " Here to make a Difference." Maryland "BEST 10 DUI and DWI Attorney"[AIDUIA]; U.S. SUPER ...
MARYLAND UNDERAGE (UNDER 21) DUI AND DWI : DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference." Maryland "BEST 10 DUI and DWI Attorney"[AIDUIA]; U.S. SUPER LAWYER [MA]; " BEST ATTORNEYS OF AMERICA" [ RR]; TOP LAWYERS IN MARYLAND [ALM]; " TOP 100 TRIAL LAWYERS" [NTL]; among other awards.
For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. He can help you.
UNDER AGE 21 DUI IN MARYLAND : THE BASICS
Generally, in the United States a person must be at least 21 years of age to consume alcohol. Because of this restriction, states such as Maryland have passed additional legislation to prevent underage drinking and driving. Under, for example, Maryland's zero tolerance alcohol laws, drivers under age 21 must adhere to much harsher blood alcohol concentration (BAC) limitations than a person who has reached the legal drinking age of 21. As with most states, Maryland law grants little leniency when it comes to driving under the influence (DUI) or driving while impaired(intoxicated) [DWI]; particularly when a case involves underage ( under age 21) drivers.
To be blunt, in Maryland a person under age 21 can be arrested for DUI even if he or she is driving with a small amount of alcohol in his or her system. Under Maryland law, underage drivers are considered legally impaired once their BAC reaches 0.02% or higher. Regrettably, this means that mouthwash and similar products that contain alcohol can cause an underage driver's BAC to reach the legal limit. Thankfully, however, if you are charged with DUI after using these types of products, you may be able to challenge your arrest in court.
It should be noted that if you are convicted of underage (under age 21) DUI, you may face the same penalties as an adult. Under Maryland sentencing guidelines, a first-time offense carries up to $1000.00 in fines, a 120-day MVA driver's license suspension, and a one-year jail sentence. Of course, the penalties increase with each additional conviction of DUI or DWI.
For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. He can help you.
UNDER AGE 21 DUI IN MARYLAND : THE BASICS
Generally, in the United States a person must be at least 21 years of age to consume alcohol. Because of this restriction, states such as Maryland have passed additional legislation to prevent underage drinking and driving. Under, for example, Maryland's zero tolerance alcohol laws, drivers under age 21 must adhere to much harsher blood alcohol concentration (BAC) limitations than a person who has reached the legal drinking age of 21. As with most states, Maryland law grants little leniency when it comes to driving under the influence (DUI) or driving while impaired(intoxicated) [DWI]; particularly when a case involves underage ( under age 21) drivers.
To be blunt, in Maryland a person under age 21 can be arrested for DUI even if he or she is driving with a small amount of alcohol in his or her system. Under Maryland law, underage drivers are considered legally impaired once their BAC reaches 0.02% or higher. Regrettably, this means that mouthwash and similar products that contain alcohol can cause an underage driver's BAC to reach the legal limit. Thankfully, however, if you are charged with DUI after using these types of products, you may be able to challenge your arrest in court.
It should be noted that if you are convicted of underage (under age 21) DUI, you may face the same penalties as an adult. Under Maryland sentencing guidelines, a first-time offense carries up to $1000.00 in fines, a 120-day MVA driver's license suspension, and a one-year jail sentence. Of course, the penalties increase with each additional conviction of DUI or DWI.
Thursday, June 18, 2015
The Lawyer's Mailbox: NARCISSISM PROBLEM IN DIVORCE COURT : SURVEY BY MA...
The Lawyer's Mailbox: NARCISSISM PROBLEM IN DIVORCE COURT : SURVEY BY MA...: www.charlesjeromeware.com " Here to make a Difference " in Divorce and other Family Law matters. For an initial courtesy cons...
NARCISSISM PROBLEM IN DIVORCE COURT : SURVEY BY MARYLAND FAMILY LAW ATTORNEY
www.charlesjeromeware.com " Here to make a Difference " in Divorce and other Family Law matters. For an initial courtesy consultation with this "TOP 10 DIVORCE and FAMILY LAW ATTORNEY", Charles Ware, headquartered in Howard County, Maryland, call us at (410) 720-6129. We can help you.
Maybe it's in the water, the air, or perhaps it's just our present family culture --- but, in any event, in my 30-plus years of successful divorce and family law experience I am observing that narcissism appears to be increasing among parties in these types of cases.
What is "narcissism" ? Generally, narcissism is described as the pursuit of gratification from vanity or egotistic admiration of one's own attributes. The term originated from Greek mythology. Narcissists are believed to think only of themselves and not of the feelings of others. A "narcissistic personality disorder" is defined as "a mental disorder in which people have an inflated sense of their own importance, a deep need for admiration and a lack of empathy for others ; but behind this mask of ultraconfidence lies a fragile self-esteem that is vulnerable to the slightest criticism" [ Mayo Clinic, www.mayoclinic.org].
Both men and women can suffer from this mental disorder.
A narcissistic party(person) in a divorce action can wreak havoc in the divorce process on everyone involved. Further, there appears to be no medicine can helps this person [Talk therapy is the principal treatment regime].
In my long experience in handling difficult family law cases, one of the best ways to deal with the narcissistic party in a divorce action is to impose strictly the legal rules and procedures governing the action; and not get side-tracked with emotion. It is my observation that the classic narcissist is similar to the modern-day personality version of "Dr. Jekyll and Mr. Hyde": clever, treacherous and extremely duplicitous.
Be aware that the following traits could reveal a narcissist in your midst in a divorce/family law case, plus there are other traits that may apply as well:
(1) Manipulation : Narcissists are master manipulators whose actions are rarely in alignment with their words.
(2) Perjury: Narcissists are liars. Period. They will easily lie under oath.
(3) Empathy for others: Narcissists lack empathy for others; and care only about themselves.
(4) Disrespect for adverse court orders : Narcissists do not respect court orders they feel are adverse to their personal interests, and thus will always try to weasel their way out of them (outside of the court's permission).
(5) Children's best interests: Narcissists do not care about the children's best interests. The only thing that matters to him or her is what the narcissist wants.
Maybe it's in the water, the air, or perhaps it's just our present family culture --- but, in any event, in my 30-plus years of successful divorce and family law experience I am observing that narcissism appears to be increasing among parties in these types of cases.
What is "narcissism" ? Generally, narcissism is described as the pursuit of gratification from vanity or egotistic admiration of one's own attributes. The term originated from Greek mythology. Narcissists are believed to think only of themselves and not of the feelings of others. A "narcissistic personality disorder" is defined as "a mental disorder in which people have an inflated sense of their own importance, a deep need for admiration and a lack of empathy for others ; but behind this mask of ultraconfidence lies a fragile self-esteem that is vulnerable to the slightest criticism" [ Mayo Clinic, www.mayoclinic.org].
Both men and women can suffer from this mental disorder.
A narcissistic party(person) in a divorce action can wreak havoc in the divorce process on everyone involved. Further, there appears to be no medicine can helps this person [Talk therapy is the principal treatment regime].
In my long experience in handling difficult family law cases, one of the best ways to deal with the narcissistic party in a divorce action is to impose strictly the legal rules and procedures governing the action; and not get side-tracked with emotion. It is my observation that the classic narcissist is similar to the modern-day personality version of "Dr. Jekyll and Mr. Hyde": clever, treacherous and extremely duplicitous.
Be aware that the following traits could reveal a narcissist in your midst in a divorce/family law case, plus there are other traits that may apply as well:
(1) Manipulation : Narcissists are master manipulators whose actions are rarely in alignment with their words.
(2) Perjury: Narcissists are liars. Period. They will easily lie under oath.
(3) Empathy for others: Narcissists lack empathy for others; and care only about themselves.
(4) Disrespect for adverse court orders : Narcissists do not respect court orders they feel are adverse to their personal interests, and thus will always try to weasel their way out of them (outside of the court's permission).
(5) Children's best interests: Narcissists do not care about the children's best interests. The only thing that matters to him or her is what the narcissist wants.
Tuesday, June 16, 2015
The Lawyer's Mailbox: HISTORY OF STANDARDIZED FIELD SOBRIETY TESTS("SFST...
The Lawyer's Mailbox: HISTORY OF STANDARDIZED FIELD SOBRIETY TESTS("SFST...: www.charlesjeromeware.com " Here to make a Difference." Among his numerous awards, honors and accolades, premier defense att...
HISTORY OF STANDARDIZED FIELD SOBRIETY TESTS("SFSTs"): MARYLAND PREMIER DUI DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Among his numerous awards, honors and accolades, premier defense attorney Charles Ware is recognized as one of Maryland's "BEST 10 DUI and DWI ATTORNEYS"[AIDUIA], " TOP LAWYERS IN MARYLAND", "BEST ATTORNEYS OF AMERICA"[Rue's Rating], "U.S. SUPER LAWYER"[AL],"TOP 100 TRIAL LAWYERS"[NTL], "CLIENT DISTINCTION AWARD"[MH],and many more.
For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
In an effort to uniform and standardize nationwide drunk driving arrests, beginning in or about 1970, the National Highway Traffic Safety Administration (NHTSA) begin conducting research studies into possible development of a battery of field sobriety tests (SFTs). The goal and was that these "standardized field sobriety tests" could be used by law enforcement officers to improve the detection of drivers under the influence of alcohol (DUI).
In late 1975, six(6) tests from these NHTSA studies, sponsored through the Southern California Research Institute (SCRI), were placed through " laboratory trials" :
(1) The Walk-and-Turn (WAT) test;
(2) The One-Legged Stand (OLS) test;
(3) The Horizontal Gaze Nystagmus (HGN) test;
(4) The Finger-to-Nose (FN) test;
(5) The Finger Counting (Thumb and Fingers) [TF] test; and
(6) The Drawing on Paper (DOP) test.
Out of these six tests, three (3) were chosen by SCRI to be sufficiently reliable and accurate to conduct further DUI and DWI studies "in the field":
(1) The Horizontal Gaze Nystagmus (HGN) test;
(2) The Walk-and Turn (WAT) test; and
(3) The One-Legged Stand (OLS) test.
In the end--- after multiple studies of the data were done in 1977, 1981 and 1983 by different researchers --- NHTSA decided that:
(a) The HGN by itself was accurate by 77%;
(b) The WAT by itself was 68% accurate;
(c) The OLS was by itself was 65% accurate; and
(d) The HGN and WAT in combination were 80% accurate ----
in determining whether a subject's blood alcohol concentration (BAC) was 0.10 or above.
The assumption in these findings, of course, included optimum(perfect) test conditions --- including implementation of the tests.
In over 30 years of successfully representing clients accused of DUI and DWI, I have yet to see a occasion where any of these test were done optimally(perfectly).
Among his numerous awards, honors and accolades, premier defense attorney Charles Ware is recognized as one of Maryland's "BEST 10 DUI and DWI ATTORNEYS"[AIDUIA], " TOP LAWYERS IN MARYLAND", "BEST ATTORNEYS OF AMERICA"[Rue's Rating], "U.S. SUPER LAWYER"[AL],"TOP 100 TRIAL LAWYERS"[NTL], "CLIENT DISTINCTION AWARD"[MH],and many more.
For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
In an effort to uniform and standardize nationwide drunk driving arrests, beginning in or about 1970, the National Highway Traffic Safety Administration (NHTSA) begin conducting research studies into possible development of a battery of field sobriety tests (SFTs). The goal and was that these "standardized field sobriety tests" could be used by law enforcement officers to improve the detection of drivers under the influence of alcohol (DUI).
In late 1975, six(6) tests from these NHTSA studies, sponsored through the Southern California Research Institute (SCRI), were placed through " laboratory trials" :
(1) The Walk-and-Turn (WAT) test;
(2) The One-Legged Stand (OLS) test;
(3) The Horizontal Gaze Nystagmus (HGN) test;
(4) The Finger-to-Nose (FN) test;
(5) The Finger Counting (Thumb and Fingers) [TF] test; and
(6) The Drawing on Paper (DOP) test.
Out of these six tests, three (3) were chosen by SCRI to be sufficiently reliable and accurate to conduct further DUI and DWI studies "in the field":
(1) The Horizontal Gaze Nystagmus (HGN) test;
(2) The Walk-and Turn (WAT) test; and
(3) The One-Legged Stand (OLS) test.
In the end--- after multiple studies of the data were done in 1977, 1981 and 1983 by different researchers --- NHTSA decided that:
(a) The HGN by itself was accurate by 77%;
(b) The WAT by itself was 68% accurate;
(c) The OLS was by itself was 65% accurate; and
(d) The HGN and WAT in combination were 80% accurate ----
in determining whether a subject's blood alcohol concentration (BAC) was 0.10 or above.
The assumption in these findings, of course, included optimum(perfect) test conditions --- including implementation of the tests.
In over 30 years of successfully representing clients accused of DUI and DWI, I have yet to see a occasion where any of these test were done optimally(perfectly).
The Lawyer's Mailbox: LEAD PAINT TIPS FOR LANDLORDS : BALTIMORE DEFENSE ...
The Lawyer's Mailbox: LEAD PAINT TIPS FOR LANDLORDS : BALTIMORE DEFENSE ...: www.charlesjeromeware.com " Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, nationally...
LEAD PAINT TIPS FOR LANDLORDS : BALTIMORE DEFENSE ATTORNEYS
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when a claim is made against you for lead poisoning.
Lead paint poisoning is one of the most prevalent environmental civil complaints made in Baltimore residential housing. Consequently, residential landlords should be aware of their obligation to disclose any existence of lead in or on their rental property, as well as their responsibility in protecting residents from exposure to this toxic "heavy metal".
The Federal Residential Lead-Based Paint Hazard Reduction Act of 1992 covers all residential units built before 1978, and requires rental housing owners or landlords, or their property managers, to notify their tenants that the property may contain lead-based paint.
In order to comply with Federal, State, and Local laws, landlords must do the following:
(1) Obey any state or local lead hazard reduction laws, some of which require testing and careful maintenance or removal of lead paint;
(2) Disclose known lead-based paint hazards on your property; and
(3) Provide residents with an information pamphlet from the Environmental Protection Agency (EPA) titled "Protect Your Family from Lead in Your Home."
Exemptions:
All housing constructed after January 1, 1978, along with rentals that meet any of the following conditions are exempt from Federal lead-based paint regulations:
(a) Housing for the elderly or persons with disabilities;
(b) Short-term rentals of 100 days or fewer;
(c) The rental of an individual bedroom or similar room in a residential home;
(d) Certain university housing, such as dormitory housing or rentals in sorority or fraternity houses;
(e) Zero bedroom units, such as studios, lofts, or efficiencies; and
(f) Housing that has been inspected and certified as lead-free by a state-accredited lead inspector.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when a claim is made against you for lead poisoning.
Lead paint poisoning is one of the most prevalent environmental civil complaints made in Baltimore residential housing. Consequently, residential landlords should be aware of their obligation to disclose any existence of lead in or on their rental property, as well as their responsibility in protecting residents from exposure to this toxic "heavy metal".
The Federal Residential Lead-Based Paint Hazard Reduction Act of 1992 covers all residential units built before 1978, and requires rental housing owners or landlords, or their property managers, to notify their tenants that the property may contain lead-based paint.
In order to comply with Federal, State, and Local laws, landlords must do the following:
(1) Obey any state or local lead hazard reduction laws, some of which require testing and careful maintenance or removal of lead paint;
(2) Disclose known lead-based paint hazards on your property; and
(3) Provide residents with an information pamphlet from the Environmental Protection Agency (EPA) titled "Protect Your Family from Lead in Your Home."
Exemptions:
All housing constructed after January 1, 1978, along with rentals that meet any of the following conditions are exempt from Federal lead-based paint regulations:
(a) Housing for the elderly or persons with disabilities;
(b) Short-term rentals of 100 days or fewer;
(c) The rental of an individual bedroom or similar room in a residential home;
(d) Certain university housing, such as dormitory housing or rentals in sorority or fraternity houses;
(e) Zero bedroom units, such as studios, lofts, or efficiencies; and
(f) Housing that has been inspected and certified as lead-free by a state-accredited lead inspector.
The Lawyer's Mailbox: HOWARD CO. & MARYLAND DUI TEST DEFENSE TIPS : MARY...
The Lawyer's Mailbox: HOWARD CO. & MARYLAND DUI TEST DEFENSE TIPS : MARY...: www.charlesjeromeware.com --- "MARYLAND BEST 10 DUI AND DWI ATTORNEY"[AIDUIA], "TOP LAWYERS IN MARYLAND"[ALM], "...
HOWARD CO. & MARYLAND DUI TEST DEFENSE TIPS : MARYLAND "BEST 10" DUI & DWI ATTORNEY CHARLES WARE
www.charlesjeromeware.com --- "MARYLAND BEST 10 DUI AND DWI ATTORNEY"[AIDUIA], "TOP LAWYERS IN MARYLAND"[ALM], " BEST ATTORNEYS OF AMERICA"[RUE's RATING], "CLIENT DISTINCTION AWARD"[MH], 'TOP 100 TRIAL LAWYERS" [NTL], Et Al. For an initial courtesy DUI consultation, contact defense attorney Charles Ware at (410) 720-6129.' We are "here to make a difference."
In my more than 30 years of successfully defending my clients in DUI and DWI cases, I have yet to experience a case in which the arrest and charge process was done perfectly by law enforcement. My clients have always had defenses of some type. The issue becomes whether these defenses are sufficient to warrant trial on the merits. For certain, the drunk driving test machinery should be scrutinized and evaluated for competency.
Just about every state, including Maryland, has statutory schemes for regulating the chemical testing of drunk driving suspects. The purpose of these statutory schemes is to attempt reliance upon these machines by the administrative and judicial systems. Some of rules are as follows:
(1) The police operators of breath analysis instruments must have the proper field training with the equipment;
(2) The laboratories conducting the analysis of blood or urine samples and the regulation of breath machines and reference chemicals are properly staffed, operated, and licensed;
(3) The samples are correctly preserved and stored;
(4) Standards for analytic procedures are met; and
(5) Proper laboratory and breath machine records are kept.
In my more than 30 years of successfully defending my clients in DUI and DWI cases, I have yet to experience a case in which the arrest and charge process was done perfectly by law enforcement. My clients have always had defenses of some type. The issue becomes whether these defenses are sufficient to warrant trial on the merits. For certain, the drunk driving test machinery should be scrutinized and evaluated for competency.
Just about every state, including Maryland, has statutory schemes for regulating the chemical testing of drunk driving suspects. The purpose of these statutory schemes is to attempt reliance upon these machines by the administrative and judicial systems. Some of rules are as follows:
(1) The police operators of breath analysis instruments must have the proper field training with the equipment;
(2) The laboratories conducting the analysis of blood or urine samples and the regulation of breath machines and reference chemicals are properly staffed, operated, and licensed;
(3) The samples are correctly preserved and stored;
(4) Standards for analytic procedures are met; and
(5) Proper laboratory and breath machine records are kept.
Monday, June 15, 2015
The Lawyer's Mailbox: MARYLAND DUI "SFST"s - STANDARD FIELD SOBRIETY TES...
The Lawyer's Mailbox: MARYLAND DUI "SFST"s - STANDARD FIELD SOBRIETY TES...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Ware is nationally...
MARYLAND DUI "SFST"s - STANDARD FIELD SOBRIETY TESTS : " BEST 10 DUI/DWI ATTORNEY" CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Ware is nationally recognized and respected by his many satisfied clients as well as his legal peers as being, among numerous other accolades, one of Maryland's "BEST 10 DUI and DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you.
In my more than 30 years of successfully defending my clients who have been arrested and charged with DUIs and DWIs, I have long ago observed that the so-called "standardized field sobriety tests"
are not nearly as accurate and reliable as law enforcement would have you believe. In fact, I have observed these tests to be rather subjective.
Conceptually, field sobriety tests are intended to determine the drunk driving suspect's balance, coordination and/or mental agility --- all factors notably impaired by intoxication. All of these tests are, as well, subject markers for indicating inebriation of the subject.
The walk-the-line test, for example, is intended to gauge the individual's balance, as are the modified position of attention and the one-leg-stand, etc., tests. The finger-to-nose test is perhaps the most common of the coordination examinations; and the alphabet recitation test as well as the reverse counting test are indicative of attempts to test mental agility.
A significant problem with the "walk-the-line test " is the fact that the line is frequently imaginary.
< More discussion follows in subsequent blogs>
Premier defense attorney Charles Ware is nationally recognized and respected by his many satisfied clients as well as his legal peers as being, among numerous other accolades, one of Maryland's "BEST 10 DUI and DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you.
In my more than 30 years of successfully defending my clients who have been arrested and charged with DUIs and DWIs, I have long ago observed that the so-called "standardized field sobriety tests"
are not nearly as accurate and reliable as law enforcement would have you believe. In fact, I have observed these tests to be rather subjective.
Conceptually, field sobriety tests are intended to determine the drunk driving suspect's balance, coordination and/or mental agility --- all factors notably impaired by intoxication. All of these tests are, as well, subject markers for indicating inebriation of the subject.
The walk-the-line test, for example, is intended to gauge the individual's balance, as are the modified position of attention and the one-leg-stand, etc., tests. The finger-to-nose test is perhaps the most common of the coordination examinations; and the alphabet recitation test as well as the reverse counting test are indicative of attempts to test mental agility.
A significant problem with the "walk-the-line test " is the fact that the line is frequently imaginary.
< More discussion follows in subsequent blogs>
Friday, June 12, 2015
The Lawyer's Mailbox: LEADING LEAD LITIGATION LAWYERS - Pb : LANDLORD LE...
The Lawyer's Mailbox: LEADING LEAD LITIGATION LAWYERS - Pb : LANDLORD LE...: www.charlesjeromeware.com " Here to make a Difference." The nationally recognized and respected landlord lead p...
LEADING LEAD LITIGATION LAWYERS - Pb : LANDLORD LEAD POISONING DEFENSE - IN BALTIMORE
www.charlesjeromeware.com " Here to make a Difference."
The nationally recognized and respected landlord lead paint poisoning defense law firm of Charles Jerome Ware, LLC is Maryland-based. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you if you are being sued.
Lead (Pb) has been present in various forms in Baltimore since Colonial times. Lead-based paint used in residences built before 1978, and in other buildings, is just one of several sources of lead (Pb) in this large, traditionally industrial, city. Other sources of lead in Baltimore and other large Mid-Atlantic and Northeast cities can include : drinking water, pipes and other plumbing fixtures, dust, soil and playgrounds, industrial work sites, food and other liquids, jewelry, furniture, pottery, ceramics, toys, folk remedies, cosmetics and other products, etc., and even in the air we breathe Lead is virtually everywhere in the environment. When ingested and/or inhaled is sufficient amounts, it can cause serious harm to the body, particularly in children up to age 6.
If you are a landlord renting a house or apartment in Baltimore, Washington, Philadelphia, Newark, New York, Boston, etc., that was built before 1978, there is a good chance it contains at least some lead-based paint . The Federal government banned residential and other consumer uses of lead-containing paint starting in 1978. However, Baltimore city was quicker than the Federal government --- banning the use of lead pigment in interior paint in Baltimore housing in 1951.
There are several local, state and Federal "notice " requirements and laws that landlords should be aware of in each of major cities I have named above. It is important for the landlord to understand and follow closely these notices and laws. For example, among others:
- In 1971, the Federal Lead Poisoning Prevention Act was passed.
-In 1978, the Federal government banned residential and consumer uses of lead paint.
-In 1992, the Federal Residential Lead-Based Paint Hazard Reduction Act, commonly known as TITLE X, was passed
- In 1996, the Real Estate Notification Rule ( aka, the " Lead Disclosure Rule") took effect.
- Under Maryland law, anyone who acts as a supervisor or contractor for the purpose of removing or abating lead paint must be accredited by the Maryland Department of the Environment (MDE). Workers who perform "purposeful" lead (pB) abatement(removal) shall be trained by a training provider approved by MDE. Most other states have similar lead (Pb) abatement restrictions.
- Notice, Documentation and Implementation are important keys for landlords to remember with residential rentals --- and they are particularly crucial to remember with respect to avoidance of lead paint lawsuits by tenants in pre-1978 built apartments and houses.
The nationally recognized and respected landlord lead paint poisoning defense law firm of Charles Jerome Ware, LLC is Maryland-based. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you if you are being sued.
Lead (Pb) has been present in various forms in Baltimore since Colonial times. Lead-based paint used in residences built before 1978, and in other buildings, is just one of several sources of lead (Pb) in this large, traditionally industrial, city. Other sources of lead in Baltimore and other large Mid-Atlantic and Northeast cities can include : drinking water, pipes and other plumbing fixtures, dust, soil and playgrounds, industrial work sites, food and other liquids, jewelry, furniture, pottery, ceramics, toys, folk remedies, cosmetics and other products, etc., and even in the air we breathe Lead is virtually everywhere in the environment. When ingested and/or inhaled is sufficient amounts, it can cause serious harm to the body, particularly in children up to age 6.
If you are a landlord renting a house or apartment in Baltimore, Washington, Philadelphia, Newark, New York, Boston, etc., that was built before 1978, there is a good chance it contains at least some lead-based paint . The Federal government banned residential and other consumer uses of lead-containing paint starting in 1978. However, Baltimore city was quicker than the Federal government --- banning the use of lead pigment in interior paint in Baltimore housing in 1951.
There are several local, state and Federal "notice " requirements and laws that landlords should be aware of in each of major cities I have named above. It is important for the landlord to understand and follow closely these notices and laws. For example, among others:
- In 1971, the Federal Lead Poisoning Prevention Act was passed.
-In 1978, the Federal government banned residential and consumer uses of lead paint.
-In 1992, the Federal Residential Lead-Based Paint Hazard Reduction Act, commonly known as TITLE X, was passed
- In 1996, the Real Estate Notification Rule ( aka, the " Lead Disclosure Rule") took effect.
- Under Maryland law, anyone who acts as a supervisor or contractor for the purpose of removing or abating lead paint must be accredited by the Maryland Department of the Environment (MDE). Workers who perform "purposeful" lead (pB) abatement(removal) shall be trained by a training provider approved by MDE. Most other states have similar lead (Pb) abatement restrictions.
- Notice, Documentation and Implementation are important keys for landlords to remember with residential rentals --- and they are particularly crucial to remember with respect to avoidance of lead paint lawsuits by tenants in pre-1978 built apartments and houses.
Thursday, June 11, 2015
The Lawyer's Mailbox: AVVO.COM - HOWARD COUNTY MARYLAND - ATTORNEY CHARL...
The Lawyer's Mailbox: AVVO.COM - HOWARD COUNTY MARYLAND - ATTORNEY CHARL...: www.charlesjeromeware.com " Here to make a Difference." And happy to do so. We can help you. Call us at (410) 720-6129....
AVVO.COM - HOWARD COUNTY MARYLAND - ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference." And happy to do so.
We can help you. Call us at (410) 720-6129.
We can help you. Call us at (410) 720-6129.
LEAD PAINT POISONING(PLUMBISM) ABATEMENT : BALTIMORE LANDLORD DEFENSE ATTORNEYS
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally known and respected landlord lead paint poisoning (Plumbism) defense law firm. For an initial courtesy consultation contact the firm at (410) 720-6129. We can help you.
Lead poisoning (Plumbism) is considered by many authorities to be a public health crisis in Baltimore. Apartments and houses built before 1978 in Baltimore are likely to contain lead-based paint. However, lead-based paint in residences is not the only source of toxic lead (Pb) in the Baltimore area.
Other sources of inhaled or ingested lead (Pb) can include : drinking water, pipes and other plumbing items, older commercial buildings, soil, yards and playgrounds, dust, jobs and hobbies, folk remedies, jewelry, cosmetics, pottery and other products, etc., and even the air we breathe.
Residential and other building renovations on pre-1978 constructed units are, in fact, key sources of leaded dust in the air we breathe. Maryland has rules for this type of work to help avoid the spread of harm from toxic lead.
Under Maryland law, lead paint "abatement" is a set of measures designed to eliminate or reduce lead-based paint hazards; and thus reduce lead paint poisoning (Plumbism). Anyone who acts as a supervisor or contractor for the purpose of abating lead paint must be accredited by the Maryland Department of the Environment (MDE). Workers who perform purposeful lead(Pb) abatement shall be trained by a training provider approved by MDE.
Landlords must be careful that their lead (Pb) abatement contractors:
- Follow all local, state and federal regulations;
- Complete the required training and be accredited before doing the abatement work;
- Restrict entry to work areas by residents and the public;
- Choose the safest methods for the renovation;
- Wear appropriate, protective clothing whiel on sight;
- Use appropriate safety equipment;
- Do not or eat in the work area;
- Contain leaded dust at all time within the work area;
- Safety first. Use saft techniques at all times;
- Work carefully and safely with all chemicals at all times; and
- Get a lead check-up immediately upon completion of the lead abatement project.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally known and respected landlord lead paint poisoning (Plumbism) defense law firm. For an initial courtesy consultation contact the firm at (410) 720-6129. We can help you.
Lead poisoning (Plumbism) is considered by many authorities to be a public health crisis in Baltimore. Apartments and houses built before 1978 in Baltimore are likely to contain lead-based paint. However, lead-based paint in residences is not the only source of toxic lead (Pb) in the Baltimore area.
Other sources of inhaled or ingested lead (Pb) can include : drinking water, pipes and other plumbing items, older commercial buildings, soil, yards and playgrounds, dust, jobs and hobbies, folk remedies, jewelry, cosmetics, pottery and other products, etc., and even the air we breathe.
Residential and other building renovations on pre-1978 constructed units are, in fact, key sources of leaded dust in the air we breathe. Maryland has rules for this type of work to help avoid the spread of harm from toxic lead.
Under Maryland law, lead paint "abatement" is a set of measures designed to eliminate or reduce lead-based paint hazards; and thus reduce lead paint poisoning (Plumbism). Anyone who acts as a supervisor or contractor for the purpose of abating lead paint must be accredited by the Maryland Department of the Environment (MDE). Workers who perform purposeful lead(Pb) abatement shall be trained by a training provider approved by MDE.
Landlords must be careful that their lead (Pb) abatement contractors:
- Follow all local, state and federal regulations;
- Complete the required training and be accredited before doing the abatement work;
- Restrict entry to work areas by residents and the public;
- Choose the safest methods for the renovation;
- Wear appropriate, protective clothing whiel on sight;
- Use appropriate safety equipment;
- Do not or eat in the work area;
- Contain leaded dust at all time within the work area;
- Safety first. Use saft techniques at all times;
- Work carefully and safely with all chemicals at all times; and
- Get a lead check-up immediately upon completion of the lead abatement project.
LANDLORD LEAD POISONING (PLUMBISM) ABATEMENT IN BALTIMORE MARYLAND : DEFENSE ATTORNEYS
www.charlesjeromeware.com "Here to make a Difference."
The Lawyer's Mailbox: MARYLAND'S TOXIC "DEAD LEAD" HISTORY - BALTIMORE ...
The Lawyer's Mailbox: MARYLAND'S TOXIC "DEAD LEAD" HISTORY - BALTIMORE ...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Baltimore Area-based, n...
MARYLAND'S TOXIC "DEAD LEAD" HISTORY - BALTIMORE LEAD (Pb) DEFENSE ATTORNEYS
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Baltimore Area-based, nationally known and respected landlord lead-based paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
Lead (Pb) has been used industrially in the Baltimore area since Colonial times. Lead use in Maryland started with so-called "white lead' ( basic lead carbonate) and ultimately peaked in 1922.
Lead can be hazardous in sufficient amounts to the human body when inhaled and/or ingested; and particularly in children up to age 6.
In 1951, Baltimore banned the use of lead pigment in interior paint in Baltimore housing. This was the very first such lead restriction in the United States.
Following public pressure, in 1955 the lead paint industry began working with public health officials and organizations to adopt "voluntary" national standards to prohibit, in effect, the use of lead pigments in interior residential paints
Through the 1950s and 1960s, the use of exterior lead-based paint ( not interior)declined, and eventually ended by the early 1970s.
In 1971, the Federal Lead Poisoning Prevention Act was passed.
In 1978, the Federal government banned consumer and residential uses of lead (Pb) paint. This is the basic cut-off year for residential lead paint poisoning cases in Maryland and elsewhere in the United States.
When the Federal Lead Poisoning Prevention Act was passed in 1971, a blood lead level of 60 micrograms per deciliter was considered relatively " safe" by officials. In 1991, referencing "very recent research", the Centers for Disease Control (CDC) lowered the blood lead level of concern to 10 mcg/dl or above, where it remained until 2012, when the CDC established a new measure of blood lead levels --- called the "reference level" --- that was set up to include the highest 2.5 % of tested children. That "reference level" value, which is not truly health-based per se, will most likely change over time and circumstances --- and is currently 5 mcg/dl.
As of December 6, 1996, Federal law mandates the disclosure of any known lead (Pb) hazard
in a residential unit (house or apartment, etc.) put up for sale or lease.
Charles Jerome Ware, LLC is a premier, Baltimore Area-based, nationally known and respected landlord lead-based paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
Lead (Pb) has been used industrially in the Baltimore area since Colonial times. Lead use in Maryland started with so-called "white lead' ( basic lead carbonate) and ultimately peaked in 1922.
Lead can be hazardous in sufficient amounts to the human body when inhaled and/or ingested; and particularly in children up to age 6.
In 1951, Baltimore banned the use of lead pigment in interior paint in Baltimore housing. This was the very first such lead restriction in the United States.
Following public pressure, in 1955 the lead paint industry began working with public health officials and organizations to adopt "voluntary" national standards to prohibit, in effect, the use of lead pigments in interior residential paints
Through the 1950s and 1960s, the use of exterior lead-based paint ( not interior)declined, and eventually ended by the early 1970s.
In 1971, the Federal Lead Poisoning Prevention Act was passed.
In 1978, the Federal government banned consumer and residential uses of lead (Pb) paint. This is the basic cut-off year for residential lead paint poisoning cases in Maryland and elsewhere in the United States.
When the Federal Lead Poisoning Prevention Act was passed in 1971, a blood lead level of 60 micrograms per deciliter was considered relatively " safe" by officials. In 1991, referencing "very recent research", the Centers for Disease Control (CDC) lowered the blood lead level of concern to 10 mcg/dl or above, where it remained until 2012, when the CDC established a new measure of blood lead levels --- called the "reference level" --- that was set up to include the highest 2.5 % of tested children. That "reference level" value, which is not truly health-based per se, will most likely change over time and circumstances --- and is currently 5 mcg/dl.
As of December 6, 1996, Federal law mandates the disclosure of any known lead (Pb) hazard
in a residential unit (house or apartment, etc.) put up for sale or lease.
Sunday, June 7, 2015
The Lawyer's Mailbox: BALTIMORE & D.C. LEAD PAINT HISTORY : DEFENSE ATTO...
The Lawyer's Mailbox: BALTIMORE & D.C. LEAD PAINT HISTORY : DEFENSE ATTO...: www.charlesjeromeware.com Though lead (Pb) use has been occurring in cultures since around 3000 B.C or so in places like Rome, Greece, S...
BALTIMORE & D.C. LEAD PAINT HISTORY : DEFENSE ATTORNEY SUMMARY
www.charlesjeromeware.com
Though lead (Pb) use has been occurring in cultures since around 3000 B.C or so in places like Rome, Greece, Spain, etc., its use in North America most likely began during our Colonial times.
Use of the historically-popular "white lead" in the United States (including Baltimore and Washington) ultimately peaked in about 1922.
Baltimore banned the use of lead-based paint (lead pigment in interior paint) in Baltimore housing in 1951. It was the first such restriction of lead-based paint in the United States.
The Federal Lead Poisoning Prevention Act was passed in 1971.
The Federal government banned the consumer and residential use of lead-based paint in 1978. Homes and apartments built since 1978 in the United States must not contain lead-based paint.
Lead (Pb) has historically been used in pipes and solder both in the United States and abroad, thus contaminating drinking water. Other sources of lead can include lead-glazed pottery, some metal jewelry, cosmetics, soil, playgrounds, toys, foods and liquids, other products ,dust, the air we breathe. Breathing lead-contaminated air, drinking lead water, eating certain foods or ingesting dusts or soil that is contaminated with lead can cause many health problems; particularly in children up to age 6.
Since lead cannot be dissolved, dissipated, or burned up, it lasts --- and lasts --- and lasts. It has been estimated that over the centuries more than ten million metric tons of lead residue has accumulated in earth's environment.. People inhale it and ingest it everyday.
Lead (Pb) is a "heavy" metal that occurs naturally in the earth's crust. There are high concentrations of it in some rock formations and these mineral sources are mined and the lead is concentrated by industrial smelting. Lead contamination of surface soils occurs at mining and smelting sites, and many people usually live near these sites. The lead from smelters is used to make many types of products and thus people have inadvertently spread it through the environment in many ways. Currently a major consumer product containing lead is the lead acid battery.
If you have been sued in a lead paint or lead poisoning claim, call us at (410) 720-6129. We can help you.
Though lead (Pb) use has been occurring in cultures since around 3000 B.C or so in places like Rome, Greece, Spain, etc., its use in North America most likely began during our Colonial times.
Use of the historically-popular "white lead" in the United States (including Baltimore and Washington) ultimately peaked in about 1922.
Baltimore banned the use of lead-based paint (lead pigment in interior paint) in Baltimore housing in 1951. It was the first such restriction of lead-based paint in the United States.
The Federal Lead Poisoning Prevention Act was passed in 1971.
The Federal government banned the consumer and residential use of lead-based paint in 1978. Homes and apartments built since 1978 in the United States must not contain lead-based paint.
Lead (Pb) has historically been used in pipes and solder both in the United States and abroad, thus contaminating drinking water. Other sources of lead can include lead-glazed pottery, some metal jewelry, cosmetics, soil, playgrounds, toys, foods and liquids, other products ,dust, the air we breathe. Breathing lead-contaminated air, drinking lead water, eating certain foods or ingesting dusts or soil that is contaminated with lead can cause many health problems; particularly in children up to age 6.
Since lead cannot be dissolved, dissipated, or burned up, it lasts --- and lasts --- and lasts. It has been estimated that over the centuries more than ten million metric tons of lead residue has accumulated in earth's environment.. People inhale it and ingest it everyday.
Lead (Pb) is a "heavy" metal that occurs naturally in the earth's crust. There are high concentrations of it in some rock formations and these mineral sources are mined and the lead is concentrated by industrial smelting. Lead contamination of surface soils occurs at mining and smelting sites, and many people usually live near these sites. The lead from smelters is used to make many types of products and thus people have inadvertently spread it through the environment in many ways. Currently a major consumer product containing lead is the lead acid battery.
If you have been sued in a lead paint or lead poisoning claim, call us at (410) 720-6129. We can help you.
Friday, June 5, 2015
The Lawyer's Mailbox: BALTIMORE & D..C. HISTORICAL LEAD (Pb) POISONING: ...
The Lawyer's Mailbox: BALTIMORE & D..C. HISTORICAL LEAD (Pb) POISONING: ...: www.charlesjeromeware.com " Here to make a Difference." Charles Jerome Ware, LLC is a premier, nationally re...
BALTIMORE & D..C. HISTORICAL LEAD (Pb) POISONING: LANDLORD LEAD (Pb) DEFENSE ATTORNEY
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, nationally recognized and respected lead paint landlord defense attorney, serving primarily Maryland and Washington, D.C. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you, and we are happy to do so.
Lead is virtually everywhere in Baltimore, and prevalent in several neighborhoods in D.C.
In both cities it can be found in many houses and apartments built before 1978, as well as in drinking water, pipes and plumbing fixtures, dust, soil, playgrounds, industrial work sites, buildings, home remedies, toys, ceramics, pottery, etc. In many instances it is even in the air people breathe. In fact, lead (Pb) has been around so long that it is estimated that over 10 million metric tons of lead residue reside in the environment. Lead is not diluted, not dissolvable, and does not burn. It lasts, and lasts, and lasts. In sufficient amounts lead is harmful to the human body, particularly in children up to age 6.
Lead (Pb) is a "heavy" sweet-tasting metal that occurs naturally in the earth's crust. It has been used by humankind since at least 3000 B.C. (as recorded). Lead poisoning (Plumbism), therefore, has also been around since that time. The ancient Greeks, Romans, etc., used lead in their food, cooking utensils, plumbing systems [ hence, Plumbum]etc., and even added lead in abundance to their unremarkable wine --- to sweeten it.
Because of its toxicity, lead (Pb) was banned for consumer use by the Federal government in 1978.
In 1951, Baltimore, Maryland banned the use of lead pigment in interior paint in Baltimore housing.
It was the first such lead (Pb) restriction in the United States.
For information, contact us at (410) 720-6129.
Charles Jerome Ware, LLC is a premier, nationally recognized and respected lead paint landlord defense attorney, serving primarily Maryland and Washington, D.C. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you, and we are happy to do so.
Lead is virtually everywhere in Baltimore, and prevalent in several neighborhoods in D.C.
In both cities it can be found in many houses and apartments built before 1978, as well as in drinking water, pipes and plumbing fixtures, dust, soil, playgrounds, industrial work sites, buildings, home remedies, toys, ceramics, pottery, etc. In many instances it is even in the air people breathe. In fact, lead (Pb) has been around so long that it is estimated that over 10 million metric tons of lead residue reside in the environment. Lead is not diluted, not dissolvable, and does not burn. It lasts, and lasts, and lasts. In sufficient amounts lead is harmful to the human body, particularly in children up to age 6.
Lead (Pb) is a "heavy" sweet-tasting metal that occurs naturally in the earth's crust. It has been used by humankind since at least 3000 B.C. (as recorded). Lead poisoning (Plumbism), therefore, has also been around since that time. The ancient Greeks, Romans, etc., used lead in their food, cooking utensils, plumbing systems [ hence, Plumbum]etc., and even added lead in abundance to their unremarkable wine --- to sweeten it.
Because of its toxicity, lead (Pb) was banned for consumer use by the Federal government in 1978.
In 1951, Baltimore, Maryland banned the use of lead pigment in interior paint in Baltimore housing.
It was the first such lead (Pb) restriction in the United States.
For information, contact us at (410) 720-6129.
The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND TOP 10 DIVORCE TIPS : ATT...
The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND TOP 10 DIVORCE TIPS : ATT...: www.charlesjeromeware.com " Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-base...
HOWARD COUNTY & MARYLAND TOP 10 DIVORCE TIPS : ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected divorce and family law firm with over 30 years of successful representation. Attorney Charles Ware is consistently recognized as one of Maryland's " BEST 10" divorce and family law attorneys in Howard County [see. THE PRIMEBUYERS Report]. For an initial courtesy consultation, contact the firm at (41)0 720-6129. We can help you, and we are happy to do so.
MY TOP 10 DIVORCE TIPS FOR HOWARD COUNTY & MARYLAND :
(1) Regardless of your personality or mindset, do not underestimate the trauma that divorce can have on family (especially children), friends, and you. When a marriage ends, spouses and their children frequently face a virtual storm of stressful changes in their lives. But, do not panic. Contact your lawyer immediately.
(2) The attitude and focus for everyone involved in a divorce should be "survival", not necessarily "winning". Although I am considered to have been extremely successful.in my representation of numerous clients in divorces over the past 30 years or more, I have never seen anyone "win" a divorce. I am, however, pleased to say that I have experienced and witnessed many people "survive" the process satisfactorily.
(3) " Measure twice, cut once.". Think. Do not make important decisions about your divorce without thinking them through very carefully. Consider every major decision in your divorce to be a life-changing decision. Because it potentially is.
(4)Remember: Although you are getting divorced from your spouse, generally your children aret not. Do not get so wrapped up in the moment with anger, resentment and other emotional feelings that you drag your children down or into the process unnecessarily.
(5) Beware of "rubberneckers, "owl heads", and other well-meaning (or otherwise) layman advisors. Their advice is generally worth what you are paying them for it --- usually nothing. Everybody has an opinion about divorce, but few people know what they are talking about in this arena.
(7) Focus on your (and your children's) future; not the past. " Let the dead past bury its dead." Concentrate on the "BIG PICTURE" for your life. Ever forward.
(8) Try to mediate differences with your spouse, first ; not litigate until necessary.
(9) Be honest and forthcoming with your attorney. He or she is relying on what you are telling them.
(10) Create and maintain an inventory of all marital and non-marital assets as well as liabilities.
Call us with questions you may have.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected divorce and family law firm with over 30 years of successful representation. Attorney Charles Ware is consistently recognized as one of Maryland's " BEST 10" divorce and family law attorneys in Howard County [see. THE PRIMEBUYERS Report]. For an initial courtesy consultation, contact the firm at (41)0 720-6129. We can help you, and we are happy to do so.
MY TOP 10 DIVORCE TIPS FOR HOWARD COUNTY & MARYLAND :
(1) Regardless of your personality or mindset, do not underestimate the trauma that divorce can have on family (especially children), friends, and you. When a marriage ends, spouses and their children frequently face a virtual storm of stressful changes in their lives. But, do not panic. Contact your lawyer immediately.
(2) The attitude and focus for everyone involved in a divorce should be "survival", not necessarily "winning". Although I am considered to have been extremely successful.in my representation of numerous clients in divorces over the past 30 years or more, I have never seen anyone "win" a divorce. I am, however, pleased to say that I have experienced and witnessed many people "survive" the process satisfactorily.
(3) " Measure twice, cut once.". Think. Do not make important decisions about your divorce without thinking them through very carefully. Consider every major decision in your divorce to be a life-changing decision. Because it potentially is.
(4)Remember: Although you are getting divorced from your spouse, generally your children aret not. Do not get so wrapped up in the moment with anger, resentment and other emotional feelings that you drag your children down or into the process unnecessarily.
(5) Beware of "rubberneckers, "owl heads", and other well-meaning (or otherwise) layman advisors. Their advice is generally worth what you are paying them for it --- usually nothing. Everybody has an opinion about divorce, but few people know what they are talking about in this arena.
(7) Focus on your (and your children's) future; not the past. " Let the dead past bury its dead." Concentrate on the "BIG PICTURE" for your life. Ever forward.
(8) Try to mediate differences with your spouse, first ; not litigate until necessary.
(9) Be honest and forthcoming with your attorney. He or she is relying on what you are telling them.
(10) Create and maintain an inventory of all marital and non-marital assets as well as liabilities.
Call us with questions you may have.
Wednesday, June 3, 2015
The Lawyer's Mailbox: WOMEN IN DIVORCE IN HOWARD COUNTY : A MARYLAND DIV...
The Lawyer's Mailbox: WOMEN IN DIVORCE IN HOWARD COUNTY : A MARYLAND DIV...: www.charlesjeromeware.com " Here to make a Difference." Charles Jerome Ware, LLC is a premier "BEST 10" How...
WOMEN IN DIVORCE IN HOWARD COUNTY : A MARYLAND DIVORCE OVERVIEW
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier "BEST 10" Howard County, Maryland-based divorce and family law firm, which has provided successful legal representation in divorce and family law matters for over 30 years. For initial courtesy consultation, contact the firm at (410) 720-6129. We can help you, and we are pleased to do so.
Regardless of who the parties are, divorce in Maryland ( or anywhere else for that matter) can be a
traumatic experience for any family. There is usually a lot at stake; therefore, the process should be taken seriously by all parties. At this law firm we certainly take this process seriously. We want you to survive this challenging process.
In Maryland a marriage is a contract between two people or parties that exists pursuant to Maryland law. Divorce in Maryland, therefore, is a legal ending of the marriage contract. It is important to note that only Maryland law counts in ending a marriage in this state. There are certain "grounds" for divorce in Maryland that will be outlined herein. Further, there are only two types of divorce in Maryland: (1) ABSOLUTE DIVORCE and (2) LIMITED DIVORCE. Limited Divorce is frequently referred to as a "legal separation".
An ABSOLUTE DIVORCE actually dissolves the marriage permanently. Some common grounds for absolute divorce include (a) adultery, (b) desertion for at least 12 months, (3) at least a 12-month voluntary separation, and (d) cruelty of treatment, (e) conviction of a felony, (f) two-year separation, (g) insanity, etc. A spouse may ask the court to change his or her name back to the name used before the marriage [ your only free name change under Maryland law].
Among other things, the ABSOLUTE DIVORCE decree may provide : custody of children, payment of child support for children, payment of alimony, disposition of marital property, etc.
A LIMITED DIVORCE is a legal action in which a married couple is legally separated. That separation is actually, though informally, supervised by the court. The grounds for a limited divorce can include: (a) cruelty of treatment, (b) excessively vicious conduct, (c) desertion, (d) voluntary separation, etc. A limited divorce also documents the date of separation for an absolute divorce.
Charles Jerome Ware, LLC is a premier "BEST 10" Howard County, Maryland-based divorce and family law firm, which has provided successful legal representation in divorce and family law matters for over 30 years. For initial courtesy consultation, contact the firm at (410) 720-6129. We can help you, and we are pleased to do so.
Regardless of who the parties are, divorce in Maryland ( or anywhere else for that matter) can be a
traumatic experience for any family. There is usually a lot at stake; therefore, the process should be taken seriously by all parties. At this law firm we certainly take this process seriously. We want you to survive this challenging process.
In Maryland a marriage is a contract between two people or parties that exists pursuant to Maryland law. Divorce in Maryland, therefore, is a legal ending of the marriage contract. It is important to note that only Maryland law counts in ending a marriage in this state. There are certain "grounds" for divorce in Maryland that will be outlined herein. Further, there are only two types of divorce in Maryland: (1) ABSOLUTE DIVORCE and (2) LIMITED DIVORCE. Limited Divorce is frequently referred to as a "legal separation".
An ABSOLUTE DIVORCE actually dissolves the marriage permanently. Some common grounds for absolute divorce include (a) adultery, (b) desertion for at least 12 months, (3) at least a 12-month voluntary separation, and (d) cruelty of treatment, (e) conviction of a felony, (f) two-year separation, (g) insanity, etc. A spouse may ask the court to change his or her name back to the name used before the marriage [ your only free name change under Maryland law].
Among other things, the ABSOLUTE DIVORCE decree may provide : custody of children, payment of child support for children, payment of alimony, disposition of marital property, etc.
A LIMITED DIVORCE is a legal action in which a married couple is legally separated. That separation is actually, though informally, supervised by the court. The grounds for a limited divorce can include: (a) cruelty of treatment, (b) excessively vicious conduct, (c) desertion, (d) voluntary separation, etc. A limited divorce also documents the date of separation for an absolute divorce.
The Lawyer's Mailbox: BALTIMORE AND HOWARD COUNTY LEAD POISONING REVIEW ...
The Lawyer's Mailbox: BALTIMORE AND HOWARD COUNTY LEAD POISONING REVIEW ...: www.charlesjeromeware.com " Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, nati...
BALTIMORE AND HOWARD COUNTY LEAD POISONING REVIEW : MARYLAND LANDLORD DEFENSE ATTORNEYS
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you, and we are pleased to do so.
Lead poisoning (Plumbism) is considered to be a big problem in Baltimore; a public health crisis. We defend dozens of residential landowners and landlords every year in Baltimore against multiple lead poisoning lawsuits brought , generally alleging lead paint as the primary reason for poisoning. These cases are filed alleging lead paint poisoning of rental residents and former rental residents of houses and apartments built before 1978. Interior and exterior use of lead paint was popular for use in residential units prior to 1978, but residential lead paint use was banned by the Federal government in 1977.
Lead paint poisoning (Plumbism) is not considered to be a problem in Howard since, quite frankly, the overwhelming majority of rental residential units in the county were built after 1977.
Until relatively recently, Howard County has been predominantly farm land and open space, with very minimal building development; and consequently little use for any paint. It has only been since the development and growth of Columbia that county-wide building development has occurred --- after 1977 when lead paint was banned by the Federal government.
Baltimore, on the other hand, has a long, large and far-ranging history before 1978 of using lead paint in and on its residential as well as commercial buildings; in pipes and other plumbing, in industrial work areas, in its soil and dust, and even in the air Baltimoreans breathe, etc.
Landlords should know when their buildings were constructed ( before or after 1978) and respond accordingly when renting or selling them.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you, and we are pleased to do so.
Lead poisoning (Plumbism) is considered to be a big problem in Baltimore; a public health crisis. We defend dozens of residential landowners and landlords every year in Baltimore against multiple lead poisoning lawsuits brought , generally alleging lead paint as the primary reason for poisoning. These cases are filed alleging lead paint poisoning of rental residents and former rental residents of houses and apartments built before 1978. Interior and exterior use of lead paint was popular for use in residential units prior to 1978, but residential lead paint use was banned by the Federal government in 1977.
Lead paint poisoning (Plumbism) is not considered to be a problem in Howard since, quite frankly, the overwhelming majority of rental residential units in the county were built after 1977.
Until relatively recently, Howard County has been predominantly farm land and open space, with very minimal building development; and consequently little use for any paint. It has only been since the development and growth of Columbia that county-wide building development has occurred --- after 1977 when lead paint was banned by the Federal government.
Baltimore, on the other hand, has a long, large and far-ranging history before 1978 of using lead paint in and on its residential as well as commercial buildings; in pipes and other plumbing, in industrial work areas, in its soil and dust, and even in the air Baltimoreans breathe, etc.
Landlords should know when their buildings were constructed ( before or after 1978) and respond accordingly when renting or selling them.
Tuesday, June 2, 2015
The Lawyer's Mailbox: DUI AND DWI FOR BEGINNERS : MARYLAND "BEST 10 DUI ...
The Lawyer's Mailbox: DUI AND DWI FOR BEGINNERS : MARYLAND "BEST 10 DUI ...: www.charlesjeromeware.com " Here to make a Difference." Charles Jerome Ware, LLC is a premier, nationally r...
DUI AND DWI FOR BEGINNERS : MARYLAND "BEST 10 DUI & DWI ATTORNEYS" [AIDUIA]
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, nationally recognized and respected, Maryland-based, DUI and DWI defense law firm. Defense attorney Charles Ware, himself, is consistently ranked by his trial lawyer peers as well as his many satisfied clients over 30 years of private practice as being among the State of Maryland's " BEST 10 DUI and DWI ATTORNEYS " [AIDUIA]. For an initial courtesy consultation, contact us at (410) 720-6129. We would enjoy helping you.
Some basic points:
- DUI and DWI laws in every state, including Maryland, are treated very seriously by the courts
- DUI and DWI laws can be both complicated and complex.
- Too many in the public underestimate the adverse effects DUI and DWI convictions can have on
their careers, families, and lives in general. For example, a DUI or DWI conviction usually cannot be expunged from your record, no matter how lawful or sterling otherwise your life has been.
- This law firm takes its representation of our clients charged or arrested for DUI and DWI very seriously. We strongly recommend that our clients do so as well.
The DUI (Driving Under the Influence) or DWI (Driving While Impaired) arrest is a frequently made mistake by good law-abiding people that can send their lives reeling. But, the arrest is just the beginning of the process, and not necessarily the end. Your first action after your arrest should be to seek competent and courtesy legal advice from a lawyer.
Getting charged with a DUI is the top alcohol infraction in just about all states. It means in most instances, among other things, that your blood alcohol concentration (BAC) has been posted at a level of 0.08% or higher. In Maryland, the offense is extremely severe such that 12 points are automatically registered against your Maryland driver's license by the Motor Vehicle Administration (MVA). This results in immediate revocation of your license; necessitating for most people an immediate administrative hearing request to the MVA [filing fee currently $150.00]. The judicial monetary fine for a first offense is $1000.00, and it is $2000.00 for a second offense. Plus, you will need a lawyer to represent you, and you will need to pay court costs.
If your blood alcohol concentration (BAC) has been posted at a level between 0.07% and less than 0.08% you can be charged with DWI. The penalties include 8 points against your Maryland driver's license record as well as a $500.00 fine, plus court costs, etc. [ for both a first and second offense].
Some states, such as Maryland, have a zero tolerance for alcohol consumption for drivers under the age of 21. In Maryland, if a driver under the age of 21 is found to have a 0.02% BAC or above, their license could be suspended or revoked, etc.
You can legally refuse to take sobriety tests administered after a stop; and there can certainly be instances in which it is prudent to do so. However, be mindful that the State can impose consequences for you making that decision. For example, even if you are later acquitted of the DUI or DWI charges, the State can still suspend your Maryland driver's license.
For more information, contact us. We can help you.
Charles Jerome Ware, LLC is a premier, nationally recognized and respected, Maryland-based, DUI and DWI defense law firm. Defense attorney Charles Ware, himself, is consistently ranked by his trial lawyer peers as well as his many satisfied clients over 30 years of private practice as being among the State of Maryland's " BEST 10 DUI and DWI ATTORNEYS " [AIDUIA]. For an initial courtesy consultation, contact us at (410) 720-6129. We would enjoy helping you.
Some basic points:
- DUI and DWI laws in every state, including Maryland, are treated very seriously by the courts
- DUI and DWI laws can be both complicated and complex.
- Too many in the public underestimate the adverse effects DUI and DWI convictions can have on
their careers, families, and lives in general. For example, a DUI or DWI conviction usually cannot be expunged from your record, no matter how lawful or sterling otherwise your life has been.
- This law firm takes its representation of our clients charged or arrested for DUI and DWI very seriously. We strongly recommend that our clients do so as well.
The DUI (Driving Under the Influence) or DWI (Driving While Impaired) arrest is a frequently made mistake by good law-abiding people that can send their lives reeling. But, the arrest is just the beginning of the process, and not necessarily the end. Your first action after your arrest should be to seek competent and courtesy legal advice from a lawyer.
Getting charged with a DUI is the top alcohol infraction in just about all states. It means in most instances, among other things, that your blood alcohol concentration (BAC) has been posted at a level of 0.08% or higher. In Maryland, the offense is extremely severe such that 12 points are automatically registered against your Maryland driver's license by the Motor Vehicle Administration (MVA). This results in immediate revocation of your license; necessitating for most people an immediate administrative hearing request to the MVA [filing fee currently $150.00]. The judicial monetary fine for a first offense is $1000.00, and it is $2000.00 for a second offense. Plus, you will need a lawyer to represent you, and you will need to pay court costs.
If your blood alcohol concentration (BAC) has been posted at a level between 0.07% and less than 0.08% you can be charged with DWI. The penalties include 8 points against your Maryland driver's license record as well as a $500.00 fine, plus court costs, etc. [ for both a first and second offense].
Some states, such as Maryland, have a zero tolerance for alcohol consumption for drivers under the age of 21. In Maryland, if a driver under the age of 21 is found to have a 0.02% BAC or above, their license could be suspended or revoked, etc.
You can legally refuse to take sobriety tests administered after a stop; and there can certainly be instances in which it is prudent to do so. However, be mindful that the State can impose consequences for you making that decision. For example, even if you are later acquitted of the DUI or DWI charges, the State can still suspend your Maryland driver's license.
For more information, contact us. We can help you.
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