Maryland Legislature Passes New Drunk Driving Laws
Author: Richard P. Arnold
The legislation requires the Motor Vehicle Administration (MVA) to now impose a one-year driver’s license suspension on a person convicted of either DUI (driving under the influence) or DWI (driving while impaired) more than once in a five-year period. The law allows the MVA to issue restricted licenses for the suspension period if the person participates in the Ignition Interlock System Program (IISP).
The IISP prohibits drivers from driving any vehicle not equipped with the ignition interlock system, and allows the person to drive only to and from school, to and from work or to and from an alcohol/drug treatment program and health care treatment
The legislature also increased the “look-back period”, doubling the length of time, from five to 10 years during which there can be no previous DUI related Probation Before Judgment dispositions in order for the Court to consider a PBJ in the instant case.
Under current Maryland law, drivers with a blood alcohol content (BAC) of between .04 and .08 are usually charged with DWI. Those with a BAC of .08 or higher are normally charged with DUI. A first-time DWI conviction means being faced with up to two months in jail, a $500 fine and a driver’s license suspension of 60 days. Penalties for a first-time DUI are more severe, including up to one-year in jail, up to a $1,000 fine and a 45-day or more driver’s license suspension.
A second DUI conviction increases the fine to $2,000, a one-year license suspension (followed by one-year of restricted driving privileges) and can mean up to two-years in jail. A second DWI conviction can cost up to $500 in fines and up to a one-year jail term.
The legislature also passed a bill increasing penalties for violating any alcohol restriction on a driver’s license. The misdemeanor violation is now punishable by a fine of $500 and two months in jail.
Article Source: http://www.articlesbase.com/criminal-articles/maryland-legislature-passes-new-drunk-driving-laws-1116128.html
About the Author
The Maryland criminal defense attorneys at the Law Office of Richard P. Arnold focus exclusively on defending people who have been accused of felony or misdemeanor crimes. Based in Greenbelt, attorney Arnold has successfully defended hundreds of DUI/DWI cases.
Tuesday, September 7, 2010
Maryland Lawyer or Maryland Attorney?
Maryland Auto Accident Lawyer or Attorney?
Author: Don Washington
A Maryland auto accident lawyer may often advertise him/herself as an “auto accident attorney.” The terms “lawyer” and “attorney” are often used interchangeably – but they are not precisely the same thing.
The term “lawyer” refers to a trained, legal professional who must be licensed by the state(s) in which s/he practices. A law degree is essentially a doctorate, requiring an amount of schooling comparable to that of an MD or PhD. Like an MD, a lawyer is required to take continuing education in order to keep up with changes in the law and new precedents as they arise.
In addition, a licensed lawyer is obliged to follow a strict code of ethics, violation of which may result in disbarment, meaning that the lawyer who fails to follow such guidelines, may be prevented from practicing.
An “attorney” is simply a convenient term used to describe any person who is legally authorized to act as another person's representative. You have probably heard the expression, “power of attorney.” The court, a judge, or an individual can legally confer power of attorney on anyone who is of legal age and mentally competent to act in such a capacity.
You as an individual can legally act as your own attorney in any criminal or civil proceeding, including an auto accident lawsuit. However, due to the lack of knowledge on such court proceedings, it is generally not in your best interest to do so.
Fool For a Client
There is an old saying that “a lawyer who represents himself has a fool for a client.” While this statement is a bit harsh, there is some wisdom in it.
The laws and regulations surrounding automobile accident cases can be very complex. Sometimes, it is as straightforward as someone running a stop sign or mixing too much gin with his gasoline – but this is not always the case. According to Maryland law, proof of liability must be firmly established, and if both parties are shown to be at fault, it is necessary to determine percentages and who receives how much of any award. This, in and of itself, can be a complicated process and require a great deal of legal expertise.
There is another reason however that auto accident victims need representation by a trained auto accident lawyer.
David and Goliath
In many cases, the plaintiff may be an insurer as well. As an individual, you have little chance of prevailing against a large insurance corporation, but a trained litigator has the knowledge and skills to successfully argue on your behalf in such cases.
Article Source: http://www.articlesbase.com/personal-injury-articles/maryland-auto-accident-lawyer-or-attorney-1638646.html
About the Author
Protect your rights in auto accident cases by going to http://marylandautoaccidentlawyer.org/ .
Author: Don Washington
A Maryland auto accident lawyer may often advertise him/herself as an “auto accident attorney.” The terms “lawyer” and “attorney” are often used interchangeably – but they are not precisely the same thing.
The term “lawyer” refers to a trained, legal professional who must be licensed by the state(s) in which s/he practices. A law degree is essentially a doctorate, requiring an amount of schooling comparable to that of an MD or PhD. Like an MD, a lawyer is required to take continuing education in order to keep up with changes in the law and new precedents as they arise.
In addition, a licensed lawyer is obliged to follow a strict code of ethics, violation of which may result in disbarment, meaning that the lawyer who fails to follow such guidelines, may be prevented from practicing.
An “attorney” is simply a convenient term used to describe any person who is legally authorized to act as another person's representative. You have probably heard the expression, “power of attorney.” The court, a judge, or an individual can legally confer power of attorney on anyone who is of legal age and mentally competent to act in such a capacity.
You as an individual can legally act as your own attorney in any criminal or civil proceeding, including an auto accident lawsuit. However, due to the lack of knowledge on such court proceedings, it is generally not in your best interest to do so.
Fool For a Client
There is an old saying that “a lawyer who represents himself has a fool for a client.” While this statement is a bit harsh, there is some wisdom in it.
The laws and regulations surrounding automobile accident cases can be very complex. Sometimes, it is as straightforward as someone running a stop sign or mixing too much gin with his gasoline – but this is not always the case. According to Maryland law, proof of liability must be firmly established, and if both parties are shown to be at fault, it is necessary to determine percentages and who receives how much of any award. This, in and of itself, can be a complicated process and require a great deal of legal expertise.
There is another reason however that auto accident victims need representation by a trained auto accident lawyer.
David and Goliath
In many cases, the plaintiff may be an insurer as well. As an individual, you have little chance of prevailing against a large insurance corporation, but a trained litigator has the knowledge and skills to successfully argue on your behalf in such cases.
Article Source: http://www.articlesbase.com/personal-injury-articles/maryland-auto-accident-lawyer-or-attorney-1638646.html
About the Author
Protect your rights in auto accident cases by going to http://marylandautoaccidentlawyer.org/ .
Auto Accidents and Law in Maryland
Your Maryland Auto Accident Lawyer And the Statute of Limitations
Author: Don Washington
There are several reasons why it is important to contact a Maryland auto accident lawyer as soon as possible after you have been involved in a motor vehicle accident. One of these is the statute of limitations.
An Ancient Concept
In personal injury law (known in legal terminology as torts), the victim of an accident – whether in a motor vehicle, due to a defective product, or medical malpractice, or because of a second party's negligence or malice – has the right to sue, or bring legal action against the party that caused the injury.
The concept of suing someone for compensation for injury or property loss is an ancient one. In Anglo-Saxon England (prior to the year 1066), an injured party could bring a complaint before a village assembly, or folc-gemot, and argue their case. If the claim was found to have validity, the party responsible for the loss or injury was required to pay a sum of money – known as weregild – to the one who had suffered the injury or loss.
This is the basis of today's civil codes.
The Clock Is Ticking
Virtually all states place a statute of limitations on tort claims, under which an auto accident case falls. This is a period of time within which an injured party must file a claim or forever forfeit his/her right to do so. The statute of limitations begins with what is known as the cause of action; in other words, the incident that caused the injury or loss. Under most state laws, a civil complaint in a tort case must be filed within one or two years from the cause of action.
Under Maryland law, the statute of limitations is, in most cases, one year from the cause of action for “intentional torts” in which the injury was deliberately inflicted (an example would be if you were the victim of a “road rage” incident) and three years for injuries due to negligence (if for example the party responsible was distracted while talking on a cell phone).
Exceptions
While it is never a good idea to delay taking legal action in a tort case, Maryland law does provide for some flexibility under some circumstances. One of these is called the discovery rule. Although not applicable to all injury cases, it can delay the start of the statute of limitations period if the cause of action is not immediately known. Although rare, it is possible that injuries sustained in an auto accident are not immediately apparent (for example, whiplash). In this case, the statute of limitations would start once the injury was discovered.
A statute of limitations may also be tolled, or interrupted for a certain period. Tolling may be applied if at the time of the injury, the accident victim was:
• a minor
• mentally incompetent
• involved in a bankruptcy case
Again, tolling is not applicable to all auto accident injury cases.
Article Source: http://www.articlesbase.com/personal-injury-articles/your-maryland-auto-accident-lawyer-and-the-statute-of-limitations-1639124.html
About the Author
To learn more about statutes of limitations and your rights under the law, visit http://marylandautoaccidentlawyer.org/ .
Author: Don Washington
There are several reasons why it is important to contact a Maryland auto accident lawyer as soon as possible after you have been involved in a motor vehicle accident. One of these is the statute of limitations.
An Ancient Concept
In personal injury law (known in legal terminology as torts), the victim of an accident – whether in a motor vehicle, due to a defective product, or medical malpractice, or because of a second party's negligence or malice – has the right to sue, or bring legal action against the party that caused the injury.
The concept of suing someone for compensation for injury or property loss is an ancient one. In Anglo-Saxon England (prior to the year 1066), an injured party could bring a complaint before a village assembly, or folc-gemot, and argue their case. If the claim was found to have validity, the party responsible for the loss or injury was required to pay a sum of money – known as weregild – to the one who had suffered the injury or loss.
This is the basis of today's civil codes.
The Clock Is Ticking
Virtually all states place a statute of limitations on tort claims, under which an auto accident case falls. This is a period of time within which an injured party must file a claim or forever forfeit his/her right to do so. The statute of limitations begins with what is known as the cause of action; in other words, the incident that caused the injury or loss. Under most state laws, a civil complaint in a tort case must be filed within one or two years from the cause of action.
Under Maryland law, the statute of limitations is, in most cases, one year from the cause of action for “intentional torts” in which the injury was deliberately inflicted (an example would be if you were the victim of a “road rage” incident) and three years for injuries due to negligence (if for example the party responsible was distracted while talking on a cell phone).
Exceptions
While it is never a good idea to delay taking legal action in a tort case, Maryland law does provide for some flexibility under some circumstances. One of these is called the discovery rule. Although not applicable to all injury cases, it can delay the start of the statute of limitations period if the cause of action is not immediately known. Although rare, it is possible that injuries sustained in an auto accident are not immediately apparent (for example, whiplash). In this case, the statute of limitations would start once the injury was discovered.
A statute of limitations may also be tolled, or interrupted for a certain period. Tolling may be applied if at the time of the injury, the accident victim was:
• a minor
• mentally incompetent
• involved in a bankruptcy case
Again, tolling is not applicable to all auto accident injury cases.
Article Source: http://www.articlesbase.com/personal-injury-articles/your-maryland-auto-accident-lawyer-and-the-statute-of-limitations-1639124.html
About the Author
To learn more about statutes of limitations and your rights under the law, visit http://marylandautoaccidentlawyer.org/ .
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