(Vol. 8, Maryland Practice Series)
By: Leonard R. Stamm
Bethesda 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 represents individuals charged in Bethesda, Maryland with driving under the influence (DUI) and driving while impaired (DWI) by alcohol. He has been handling drunk driving cases in Bethesda for almost 30 years, and wrote the authoritative treatise on drunk driving law in Maryland, Maryland DUI Law. He is a former president of the Maryland Criminal Defense Attorneys’ Association. 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 is rated “AV-Preeminent” by Martindale Hubbell, recognized as a Super Lawyer, and a Best Lawyer. He is also given a rating of “10-Superb” by Avvo.
With its active nightlife and restaurant scene, Bethesda, Maryland, located in Montgomery County, has become a hotbed for drunk driving enforcement. Police officers are on patrol every night in Bethesda looking to stop drivers for minor traffic offenses in the hope of making a drunk driving arrest. Sometimes drivers exit the parking garage on Montgomery Avenue and turn the wrong way right in front of the police station.
There are often a number of aspects of a DUI case that can be challenged at an MVA hearing, or in court. If the officer has made a mistake in the basis for the stop, in getting the driver out of the car to do standardized field sobriety tests, in evaluating those tests, in following proper procedures for advising the driver of the penalties for refusing or failing a breath test, or in the administration of the breath test, the officer can be challenged. Many drivers have medical conditions that may mimic some of the signs and symptoms of impaired driving. It is possible to produce medical records showing that even before the arrest that the defendant suffered from a condition that the officer may have mistaken as indicating impairment. Plea offers frequently offer drivers the same result they would get by going to trial and losing, so there is often little downside to fighting the case in court and at the MVA.
Unfortunately, most lawyers in Bethesda 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.
Before the initial consultation with a lawyer, clients may be sent extensive questionnaires to enable to lawyer to properly assess the case. At the consultation, the lawyer will 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.
MVA hearings in Montgomery County are normally held at the MVA in Gaithersburg. Most Bethesda cases end up in District Court in Rockville, although some cases end up in Silver Spring.
If you have been pulled over, stopped at a drinking and driving sobriety checkpoint, accused and/or charged with a DUI or DWI, failed a field sobriety test given by a police officer, given or refused a breathalyzer, or just have questions about fines and punishments that go along with DUI and DWI charges or other traffic or criminal related charges please contact Leonard R. Stamm for a free consultation.
We represent clients that have been pulled over for DUI or DWI or some form of drunk driving or driving while impaired charge by Maryland State Police, Montgomery County Police, or Metro Transit Police in Bethesda Maryland. Be represented by the criminal lawyer who wrote the book on Maryland DUI Law, literally. If you need to be defended or represented for a drunk driving arrest or other charges in Bethesda Maryland, call 301-345-0122 for a free consultation.