www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally respected as a successful "BEST 10 MARYLAND DUI AND DWI ATTORNEY" [AIDUIA]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
Drunk driving laws is Maryland can be complex, and enforcement is both rigorous and stringent.
DUI and DWI enforcement in Maryland may not be as tough as ,say, Arizona --- but it is certainly tough enough to be of major concern if you drink alcohol and drive. A drunk driving conviction can have negative life-changing effects. One should take these charges very seriously.
Ther are actually several defenses that can be made in your DUI or DWI case. Not all will apply at the same time, of course. But, there are always defenses. Law enforcementwould have you believe that drunk driving case are based in hard scientific evidence. That is not true. DUI and DWI enforcement rest, in reality, on "junk science" or so-called "pseudo-science". The problem is that the judicial system (police, prosecutors, judges, juries and even many defense attorneys) have come to rely on this "junk science" to the detriment of many innocent people.
Just a few of the many defenses to drunk driving arrests and charges include :
(1) The police officer lacked sufficient justification to make the drunk driving stop. By law, police officers cannot pull you over arbitrarily. There must be reasonableness in the stop.
(2) There are innocent reasons associated with your faulty driving that are unrelated to your drinking (such as ill health reasons --- including Diabetes, etc.).
(3) Weaving " within your driving lane" does not justify a valid police stop.
(4) Gastroesophageal Reflux Disease (GERD) --- commonly called acid reflux or heartburn --- can "fool" the DUI breath devices, causing an inaccurate and falsely high reading of the blood alcohol level.
(4) Simple alcohol on the driver's breath , without more evidence, simply does not mean the driver is driving under the influence. First of all, alcohol itself (ethanol) has no odor. Rather, it is the mixing agent or flavoring that produces the odor we have come to associate with alcohol. For the non-alcoholic beverage named "O'Doul's" tastes and smells like beer.
(5) Even after the stop, the police officer --- after further investigation --- can lack probable cause to make an arrest. Having reasonable suspicion to make a stop does not automatically mean the officer has probable cause to make an arrest. There must be more evidence for an arrest.
(6) Improper administering of the field sobriety tests (FSTs) by the officer.
(7) Inaccurate interpretation of the results of the FSTs by the officer.
(8) Improper administering of the breath test by the officer or technician.
(9) Inaccurate interpretation of the breath test by the officer or technician.
(10) Inherent error rate in DUI Blood and Breath tests.
(11) Improper administering of the DUI blood test; and many others.
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