(Vol. 8, Maryland Practice Series)
By: Leonard R. Stamm
Prince George’s County DUI/DWI Defense Lawyer
IF YOU HAVE RECEIVED A DUI AND/OR DWI CHARGE IN MARYLAND, IT IS IMPORTANT TO CONTACT A LAWYER RIGHT AWAY SO YOU DO NOT MISS FILING DEADLINES TO PROTECT YOUR DRIVING PRIVILEGES. CALL 301-345-0122 FOR A FREE CONSULTATION OR CLICK HERE TO COMPLETE AN ONLINE FORM.
Leonard R. Stamm provides representation to drivers charged with driving under the influence and/or driving while impaired by alcohol in Prince George’s (PG) County Maryland, and has been doing so for almost 30 years. If you have been pulled over for driving under the influence (DUI) or driving while impaired by alcohol (DWI), been arrested and charged with DUI or DWI, stopped at a drinking and driving sobriety checkpoint, requested to submit to a breathalyzer, submitted to a breathalyzer test, or failed a field sobriety test given by a police officer contact the attorneys of Goldstein & Stamm, P.A. immediately discuss your rights, driver’s license status, and potential defenses.
Leonard R. Stamm is the author of Maryland DUI Law, the definitive book on drunk driving law in Maryland. He also the Dean of the National College for DUI Defense. (Click here to read and watch a video of his Dean’s Address). He has been given the highest rating from Martindale Hubbell, AV Preeminent, and is recognized as a Super Lawyer, and a Best Lawyer. He has also been given a rating of “10-Superb” by Avvo.
Cases from College Park and the University of Maryland to Laurel end up in the District Court in Hyattsville, on Rt. 1, south of East-West Highway. Cases in the eastern and southern part of the county end up in the District Court in Upper Marlboro.
Drunk driving is one of the most complex areas of the law. To be effective, a lawyer must be extremely knowledgeable and experienced. All aspects of the case should be reviewed, from the basis for the stop, to the reasons given to require the driver to exit the car, to the administration and interpretation of standardized field sobriety tests, to the advice of the penalties for failing or refusing a breath or blood test to the administration of the test itself.
Before the initial consultation with a lawyer, clients may be sent extensive questionnaires to enable to lawyer to properly assess the case. In many cases, the driver may have a medical condition which the officer is confusing with signs of impairment by alcohol. At the consultation, the lawyer with review the events in detail, to determine the likely defenses at the MVA and in court. It is important to act quickly after an arrest, because if the driver wishes to contest a proposed suspension by the Maryland Motor Vehicle Administration for failing or refusing a breath test, a hearing request must be mailed with the required $150 fee, within 30 days from the arrest.
There are a couple of aspects of DUI defense in Prince George’s County that are unique to Prince George’s County. In the last couple of years, a high percentage of police officers in Prince George’s County fail to appear in court on the trial date. Often, if the prosecutor cannot establish a good reason for the officer’s failure to appear, they are forced to enter the case nolle prosequi – or drop the case. Even when the officer does appear in court, there are frequently problems with the case that require the prosecutor to offer a plea to a minor traffic offense. In other cases, it is possible to win an acquittal at trial.
Cases that end as convictions in the District Court, and cases where the defendant has requested a jury trial, end up being transferred to the Circuit Court in Upper Marlboro. In Upper Marlboro, all cases transferred from the District Court go in front of Judge Vincent J. Femia for a status hearing prior to the trial date. If the case is a DUI, Judge Femia has a menu that he follows in determining a sentence. For a first offense the defendant may plead guilty to driving under the influence if the breath or blood test is greater than 0.08., or driving while impaired if the breath test reading is under .08 or the defendant refused to blow. The defendant receives a PBJ and one year of unsupervised probation and must pay a fine and costs. If that is not acceptable the client can request a court or jury trial on a de novo appeal.
Unfortunately, most lawyers in Prince George’s County assume the case is too difficult to win in court or at the MVA and fail to challenge the State’s case. Some lawyers never challenge the State’s case. This can be a huge mistake since most DUI cases have issues that can be raised in defense, and with zero or very minimal penalty. In other words, the result of fighting and losing is rarely worse than just pleading guilty or not requesting a hearing at the MVA. So why would you want to choose a lawyer who will not fight your case? When interviewing a lawyer, you should ask if your lawyer intends to fight the case, and if not, why not.
If you need to be defended or represented in the Prince George’s courts and have been charged with a DUI or DWI, or any other traffic violations, call the attorneys at Goldstein & Stamm today to schedule a free consultation.
Leonard R. Stamm also has extensive experience representing individuals charged with criminal offenses in the District Court and Circuit Court for Prince George’s County. If you have been charged with possession of a controlled dangerous substance, possession of drug paraphernalia, assault, disorderly conduct, theft, malicious destruction of property, violation of probation, or any other criminal offense in Prince George’s County, call 301-345-0122 today to schedule a free consultation.
We represent clients throughout Prince George’s County, Maryland (PG County) including: Accokeek, Adelphi, Beltsville, Berwyn Heights, Capitol Heights, Cheverly, Chillum, Clinton, College Park, Bladensburg, Bowie, Brandywine, Brentwood, Camp Springs, Colmar Manor, Cottage City, District Heights, Forestville, Fort Washington, Glenn Dale, Greenbelt, Hyattsville, Kettering, Landover, Lewisdale, Mitchellville, Mount Rainier, New Carrollton, Oxen Hill, Palmer Park, Langley Park, Lanham, Largo, Laurel, Riverdale, Seabrook, Seat Pleasant, Suitland, Takoma Park, Temple Hills, Waldorf and Upper Marlboro.