Posts Tagged ‘Dwi Law’

DUI & DWI DEFENSE

QUESTIONS ANSWERED BY ATTORNEYS LICENSED IN VIRGINIA, MARYLAND & MASSACHUSETTS

Our Massachusetts, Maryland & Virginia DUI/DWI defense attorneys are frequently asked questions regarding criminal defense. We hope that the answers you find herein answer some of your basic questions regarding DWI/DUI defense in Virginia, Maryland & Massachusetts. After you read this, if you wish to talk to our Virginia DUI defense defense lawyers, Maryland DUI defense lawyers or Massachusetts DUI defense lawyers, please feel free to call us, e-mail us or contact us via our fast on line form. We are here to defend you.

contact us for a skilled, effective criminal defense. You can either call one of our offices in Virginia, Maryland or Massachusetts or send us an e-mail.

• In Virginia, we have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater area and Western Virginia. The following are our specific office locations in Virginia: Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach.
• In Maryland, we have offices in Rockville & Annapolis.
• In Massachusetts, we have an office in Boston.

If you wish to consult with a Virginia DUI/DWI/OUI/DUID defense attorneys, Maryland DUI/DWI/OUI/DUID defense attorneys or Massachusetts DUI/DWI/OUI/DUID defense attorneys, please free to call us, email or contact us via our on line form.

Please click on the state if you wish to see some of the drunk driving laws in:

• Virginia DUI Laws
• Maryland DUI/DWI Laws
• Massachusetts DUI/OUI/DWI

DUI (Drunk Driving) Defense

Arrested for drunk driving? Even if you think you’re guilty, it’s still in your best interest to get a lawyer!

After being arrested for drunk driving, DUI or DWI, you may feel so ashamed you believe you should go into court and beg for mercy, or just get it over with by pleading guilty to driving drunk and take your punishment.

However, you may not be the best person to evaluate all the facts. Even if you have legal training in the specialized area of DUI or DWI (which is not usually the case), if you’ve been accused of driving drunk you probably don’t have the objectivity required to scrutinize your case for any or all possible weaknesses or defenses.

Thankfully, our American system of justice requires that the prosecution has the burden of proving beyond a reasonable doubt the guilt of anyone accused of DUI or DWI. This is the same legal standard used in the most serious of criminal cases.

This is important! It is not “just a DUI!” Drunk driving, or driving under the influence of alcohol or drugs is a very serious charge, with very serious consequences.

A qualified DUI lawyer or DWI attorney will be able to analyze the case through the eyes of a trained professional. An experienced DUI attorney will know the difference between someone that merely “feels” guilty, and someone that actually is guilty, based on the law and applicable legal standards.

Never leap to conclusions about your own innocence or guilt! A conviction for DUI has many burdensome consequences. So before you throw yourself upon the mercy of the court, make sure you’re not needlessly throwing yourself off the bridge as well.

Actual DUI/DWI Defenses

Even if the breathalyzer says you’re above the legal limit, that doesn’t automatically mean you’re guilty!

There are many defenses to DUI or DWI cases, and these should be explored before even considering pleading guilty to DUI or a related drunk driving offense.

Since the prosecution has the burden of proving each and every element of the case beyond a reasonable doubt, you as defendant need only create reasonable doubt in one area in order to prevail against a drunk driving charge.

Many people have a common misconception. It is perfectly legal to drink and drive (but not at the same time!). It only becomes illegal when a person is legally under the influence.

Under The Influence of Alcohol or Drugs

“Under the influence” is defined differently in each state, but generally it means a person has been drinking liquor (or taking drugs) to the extent that their physical and mental abilities are so impaired they no longer have the ability to drive a motor vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

Defenses to the criminal charges may arise from many different areas, and consultation with a DUI or DWI defense attorney is critical to determine which may apply in any given case. An experienced DUI or DWI lawyer will know what type of driving patterns are consistent with sobriety, what the field sobriety tests revealed, and what factors could have influenced the chemical testing, thus making it unreliable.

The Rising BAC Defense

A DUI or DWI lawyer will know whether the defendant’s BAC (Blood to Alcohol Concentration) was “rising” – below the legal limit at the time of driving, but above the limit when the arresting officer got around to testing it.

Alcohol is absorbed into the body over time. Many factors, such as drinking patterns and stomach contents, can impact how quickly the alcohol gets into the system. It’s quite possible for someone to be below the legal limit at the time of driving, only to have their alcohol level increase over time, to a point of being above the legal limit when the breath or blood test was administered.

Other defenses relate to the reliability of the actual chemical test results. Some people, are simply not suitable candidates for breath testing due to dental problems, which trap alcohol in the mouth and create falsely high breath test results. Others suffer from medical conditions such as persistent heartburn (GERD), which can cause falsely high readings in breath tests. It only takes between a millionth and a billionth of a fluid ounce of alcohol to register a .10 on the breath test machines. This is above the legal limit in every state, and can result in a criminal conviction – unless any mitigating factors are fully explored by a qualified DUI or DWI defense lawyer.

Every state has laws about the maintenance, calibration, and accuracy of the breath testing equipment used to test people arrested for DUI, DWI, or drunk driving. Perhaps the breath-testing device was improperly calibrated. Perhaps the person operating the machine wasn’t properly trained or certified in testing DUI suspects.

A criminal defense lawyer who only practices general criminal defense may not even know where to look for this information. A qualified and experienced DUI / DWI defense lawyer, on the other hand, will.

Why Use an Experienced DUI/DWI Attorney?

• A DUI lawyer will review the actual police reports for any inconstancies
• A DUI lawyer will suppress evidence that should be kept out
• A DUI lawyer will get calibration records and accuracy checks of the actual breathalyzer machine used
• A DUI lawyer will have blood samples re-tested by an independent lab
• A DUI lawyer will use weaknesses in the case to negotiate a better deal with prosecutors
• A DUI lawyer will go to court on your behalf, so you don’t have to disrupt your normal schedule
• A DUI lawyer will get expert witnesses for you to support your case
• A DUI lawyer will represent you to protect your driver’s license.

In short, a qualified DUI / DWI lawyer will know what to do to protect you, even if you think you are guilty.

REMEMBER! There is a big difference in feeling guilty, and being guilty!

A well-qualified DUI or DWI defense lawyer will know how to properly mount a defense on your behalf in all these following areas:

• Driving while intoxicated
• Probable cause
• Miranda warnings
• Implied consent laws and warnings
• “Under the influence” and blood-alcohol concentration
• Actual Testing during the alcohol absorptive phase
• Retrograde extrapolation
• Regulation of blood-alcohol testing procedures and apparatus – including the breathalyzer
• License suspension hearings

Finding The Right Lawyer

After being arrested for DUI or drunk driving, the first and most important thing to do is finding the right lawyer skilled and experienced in this particular aspect of criminal defense. It’s like searching for a doctor to do an important medical procedure; once you find the right professional, your job is let them do the work.

At SRIS, P.C. each of our member lawyers have a proven history of success at going to trial in their appropriate cases. When you need an attorney with specific DUI or DWI defense experience, you’ll get an attorney who knows the ins and outs of the specific drunk driving statutes in your state.

Our attorneys are always reachable, returning your calls professionally and promptly. You’re also sure of retaining lawyers who keep abreast of all the newest legal information – such as attending conferences and lectures emphasizing the latest in DUI or DWI defense. Our DWI defense attorneys also belong to one of several state and national organizations dedicated to defending those accused of DUI or DWI.

Our firm has case specific attorneys – all committed to providing the best defense for people accused of DUI, DWI, or any kind of drunk driving offense.

AFFORDING THE RIGHT DRUNK DRIVING LAWYER

As with most criminal defenses, the cost of a DUI / DWI defense attorney varies Here are just some of the major factors involved:

• Geographic location of the actual arrest
• The attorney’s reputation, skill and training
• Number of hours required for a particular case
• Whether an accident or other aggravating factor is involved
• Prior DUI or DWI convictions
• Whether a jury trial is necessary
• Whether a DMV or driver’s license hearing is necessary
• Whether an expert witness or witnesses are necessary

Each of these factors, and more, affects the fee charged by a DUI attorney to defend you against drunk driving charges.

Our Guarantee to You

As SRIS, P.C. we guarantee you the following:

There is no charge for the initial consultation with a DUI or DWI lawyer to discuss the facts of your case.

All costs, fees, and charges are made clear beforehand, so there are never any surprises or hidden costs later on down the line.

There is always a written retainer agreement, specifying all details and payments expected.

Hiring a DUI lawyer or DWI lawyer to defend a drunk driving case is an important decision. There’s a lot at stake. We know that no matter how many cases we’ve handled, or whom we’ve represented before, the only case that matters to you is yours.

You should feel comfortable with every aspect of your relationship with one of our qualified DUI or DWI lawyers, including the financial arrangements. A highly qualified DUI / DWI lawyer is just a toll-free phone call away.

COMPLETE CONFIDENTIALITY

As with every case we handle, you can rest assured every aspect of your defense will be held in the strictest of confidence. You’ll never have to worry about “leaks” or embarrassing revelations being made public by anyone on our staff – from the secretary at the front desk to the attorney handling your case. DUI’s and DWI’s are no exception.

Even if matters become a part of the public record – we still treat your information as private. No exceptions, no excuses. You have both our word and reputation on it.

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MARYLAND TRAFFIC ATTORNEY

DEFEND CLIENTS CHARGED WITH DUI/DWI IN MARYLAND

Maryland DUI – DWI laws Information page

A night out on the town can take a fun night and turn it into one of the most horrible experiences of your life. Simply put, a night of drinking even in moderation can result in you having your first and only contact with the law. The experience will most likely leave you shaken and terrified. Our goal is to help you with information about some of the laws in Maryland regarding DUI & DWI.  If you think you still need help after reading this page and you probably do, then call us at 888-437-7747 or feel free to email us. We will get back to you the very same day within 8 hours, Monday – Friday. The Maryland DUI & DWI attorneys of of SRIS, P.C. have offices in Rockville & Baltimore . If you wish to consult a SRIS, P.C. DUI lawyer or DWI attorney, please simply contact us by calling our toll free number, via e-mail or by filling out our on-line form. A Maryland lawyer who is extremely experienced in handling DUI or DWI charges in Maryland will consult with you regarding your matter and advise you of your options. Call us today .

Note: Maryland parents of children whose children have been charged with a DUI / DWI / or underage possession of alcohol should be aware that courts are no longer treating people under the age of 21 who are consuming alcohol lightly. In fact, some institutions of higher learning are expelling students who are convicted of underage possession of alcohol.

BALTIMORE, MARYLAND OFFICE: Inner Harbor Center 400 East Pratt Street, 8th Floor Baltimore, Maryland 21202 Phone (240) 399-0304

ROCKVILLE, MARYLAND OFFICE: One Research Court, Suite 450 Rockville, Maryland 20850 Phone: (240) 399-0304

To obtain a general overview of DUI, OUI, and DWI defense, please click here

To learn more about the laws pertaining to DUI, OUI, and DWI defense in Virginia or Massachusetts, please click on the state.

Maryland DUI / DWI Facts (top)

• What’s the difference in DUI and DWI?
• What about Breathalyzer Tests?
• What are Field Sobriety Tests?
• What are the Open Container Laws?
• What if you have Multiple DUI / DWI Convictions?
• What if your have a License Suspension in Maryland?
• What if you have a Occupational Licenses?
• Getting The Legal Help You Need
• At SRIS, P.C. we guarantee you the following:

The following are some of the State of Maryland Laws for DUI, DWI, and OUI offenses. Click on any of the following laws to learn more about them.

• Driving while under the influence or impaired
• Drinking while driving prohibited
• Alcohol or drug offenses; revocation
• Impoundment or immobilization of vehicles
• Other penalty; ignition interlock system
• Prohibited conduct
• Misrepresentation of age
• Underage possession
• Obtaining for underage consumption
• Furnishing for or allowing underage consumption
• Alcohol prohibited
• Maryland DUI / DWI Facts

MARYLAND LAWS

MD Code, Transportation, § 21-902. Driving while under the influence or impaired (top)

(a)(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.
(3) A per son may not violate paragraph (1) or (2) of this subsection while transporting a minor.
(b)(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(c)(1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.
(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.
(d)(1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(e) For purposes of the application of subsequent offender penalties under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section.

MD Code, Transportation, § 21-903. Drinking while driving prohibited (top)

(a)(1) In this section the following words have the meanings indicated.
(2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes.
(3)(i) “Passenger area” means an area that:
1. Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or
2. Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions.
(ii) “Passenger area” does not include:
1. A locked glove compartment;
2. The trunk of a motor vehicle; or
3. If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle.
(b) This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway.
(c) A driver of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(d) Notwithstanding Article 2B, Title 19 of the Code or any other provision of law, the prohibition contained in this section applies throughout the State.

MD Code, Transportation, § 16-205. Alcohol or drug offenses; revocation (top)

(a) The Administration may revoke the license of any person who:
(1) Is convicted under § 21-902(a) or (d) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol, while under the influence of alcohol per se, or while impaired by a controlled dangerous substance; or
(2) Within a 3-year period, is convicted under § 21-902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely and who was previously convicted of any combination of two or more violations under:
(i) § 21-902(a) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol or while under the influence of alcohol per se;
(ii) § 21-902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;
(iii) § 21-902(c) of this article of driving or attempting to drive a motor vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely; or
(iv) § 21-902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.
(b) The Administration:
(1) Shall revoke the license of any person who has been convicted, under Title 2, Subtitle 5 of the Criminal Law Article, of homicide by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance; and
(2) May not issue a temporary license to drive for any person whose license has been revoked under item (1) of this subsection during an administrative appeal of the revocation.
(c) The Administration may suspend for not more than 60 days the license of any person who is convicted under § 21-902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely.
(d) The Administration may suspend for not more than 120 days the license of any person who, within a 3-year period, is convicted under § 21-902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a motor vehicle safely and who was previously convicted of a violation under:
(1) § 21-902(a) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol or while under the influence of alcohol per se; (2) § 21-902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;
(3) § 21-902(c) of this article of driving or attempting to drive a motor vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a motor vehicle safely; or
(4) § 21-902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.
(e)(1) In this subsection, “motor vehicle” does not include a commercial motor vehicle.
(2) Subject to the provisions of this subsection, the Administration shall suspend for 1 year the license of a person who is convicted of a violation of § 21-902(a)of this article more than once within a 5-year period.
(3) On receiving a record of a conviction of a person for a violation of § 21-902(a) of this article more than once within a 5-year period, the Administration shall issue to the person a notice of suspension of the person’s license that:
(i) States that the person’s license shall be suspended for 1 year; and
(ii) Advises the person of the right to request a hearing under this paragraph.
(4) After notice under paragraph (3) of this subsection, the Administration shall suspend a person’s license under this subsection if:
(i) The person does not request a hearing;
(ii) After a hearing, the Administration finds that the person was convicted of more than one violation of § 21-902(a) of this article within a 5-year period; or
(iii) The person fails to appear for a hearing requested by the person.
(5) The Administration shall, within 90 days of the expiration of the 1-year period of suspension, issue to the person a notice, unless this notice requirement was waived at a hearing described in paragraph (4) of this subsection, that:
(i) States that the person shall maintain for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, an ignition interlock system on each motor vehicle owned by the person;
(ii) States that the Administration shall impose a restriction on the person’s license that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system for a period of not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension; and
(iii) Advises the person of the right to request a hearing under this paragraph.
(6) After notice under paragraph (5) of this subsection, or a waiver of notice, the Administration shall order a person to maintain for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, an ignition interlock system on each motor vehicle owned by the person and impose a license restriction that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system if:
(i) The person does not request a hearing;
(ii) The Administration finds at a hearing that the person owns one or more motor vehicles and that no financial hardship, as described in paragraphs (7) and (8) of this subsection, will be created by requiring the person to maintain an ignition interlock system on each motor vehicle owned by the person; or
(iii) The person fails to appear for a hearing requested by the person.
(7) If the Administration finds at a hearing that maintenance of an ignition interlock system on a motor vehicle owned by the person creates a financial hardship on the person, the family of the person, or a co-owner of the motor vehicle, the Administration:
(i) Shall impose a restriction on the license of the person for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system; and
(ii) May not require the person to maintain an ignition interlock system on any motor vehicle to which the financial hardship applies.
(8) An exemption under paragraph (7)(ii) of this subsection applies only under circumstances that:
(i) Are specific to the person’s motor vehicle; and
(ii) Meet criteria contained in regulations that shall be adopted by the Administration.
(9) If a person requests a hearing and the Administration finds that the person does not own a motor vehicle at the expiration of the 1-year period of suspension, the Administration shall impose a restriction on the license of the person for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system.
(10) Each notice and hearing under this subsection shall meet the requirements of Title 12, Subtitle 2 of this article.
(11) This subsection does not limit any provision of this article that allows or requires the Administration to:
(i) Revoke or suspend a license of a person; or
(ii) Prohibit a person from driving a motor vehicle that is not equipped with an ignition interlock system.
(12) A suspension imposed under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for a violation of § 21-902(a) of this article described in this subsection.
(f)(1) Subject to paragraph (2) of this subsection, the Administration may modify any suspension under this section or any suspension under § 16-205.1 of this subtitle and issue a restrictive license to a licensee who participates in the Ignition Interlock System Program established under § 16-404.1 of this title.
(2) The Administration may not modify a suspension and issue a restrictive license during a mandatory period of suspension described in subsection (e) of this section.
(g) When a suspension imposed under subsections (c), (d), or (e) of this section expires, the Administration immediately shall return the license or reinstate the privilege of the driver, unless the license or privilege has been refused, revoked, suspended, or canceled under any other provisions of the Maryland Vehicle Law.

MD Code, Transportation, § 27-111- Impoundment or immobilization of vehicles (top)

In this section, “police department” has the same meaning indicated in § 25-201 of this article.

(b)(1) For the purpose of impounding or immobilizing a vehicle under this section, the police department may use its own personnel, equipment, and facilities or, subject to the provisions of paragraph (2) of this subsection, use other persons, equipment, and facilities for immobilizing vehicles or removing, preserving, and storing impounded vehicles.
(2) A police department may not authorize the use of a tow truck under paragraph (1) of this subsection unless the tow truck is registered under § 13-920 of this article.
(c)(1) As a sentence, a part of a sentence, or a condition of probation, a court may order, for not more than 180 days, the impoundment or immobilization of a solely owned vehicle used in the commission of a violation of § 16- 303(c) or (d) of this article if, at the time of the violation:
(i) The owner of the vehicle was driving the vehicle; and
(ii) The owner’s license was suspended or revoked under § 16-205 of this article.
(2) Among the factors that a court may consider in determining whether to order an impoundment or immobilization of a vehicle is whether the vehicle is the primary means of transportation available for the use of the individual’s immediate family.
(3)(i) Subject to the provisions of subparagraph (ii) of this paragraph, impoundment or immobilization of a vehicle may not be ordered under this section, if the registered owner of the vehicle made a bona fide sale, gift, or other transfer of the vehicle to another person before the date of the finding of a violation of § 16-303(c) or (d) of this article.
(ii) The registered owner of the vehicle has the burden of proving that a bona fide sale, gift, or other transfer of the vehicle has occurred.
(d)(1) The registered owner of a vehicle impounded or immobilized under this section is responsible for all actual costs incurred as a result of the immobilizing of the vehicle, or the towing, preserving, and storing of the impounded vehicle.
(2) The court may require the registered owner of a vehicle impounded or immobilized under this section to post a bond or other adequate security to equal the actual costs of immobilizing the vehicle, or towing, preserving, and storing the vehicle, and providing the notices required under subsection (f) of this section.
(3) Subject to the provisions of this section, a police department that impounds a vehicle by taking the vehicle into custody or immobilizes a vehicle under this section promptly shall return possession or use of the vehicle to the registered owner of the vehicle on payment of all actual costs of immobilizing the vehicle, or towing, preserving, and storing the impounded vehicle, and providing the notices required under subsection (f) of this section.
(e) If a court orders the impoundment or immobilization of a vehicle under this section, the court shall provide for the execution of the impoundment or immobilization by a police department.
(f)(1) If a court orders the impoundment or immobilization of a vehicle under this section, the police department that executes the immobilization, or the impoundment by taking the vehicle into custody, shall, as soon as reasonably possible and within 7 days after the police department executes the court order, send a notice by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:
(i) Each registered owner of the vehicle as shown in the records of the Administration; and
(ii) Each secured party, as shown in the records of the Administration.
(2) The notice shall:
(i) State that the vehicle has been immobilized, or impounded by being taken into custody;
(ii) Describe the year, make, model, and vehicle identification number of the vehicle;
(iii) Provide the location of where the vehicle is immobilized or the location of the facility where the vehicle is impounded;
(iv) Include the amount of the actual costs of immobilization, or towing, preservation, and storage of an impounded vehicle;
(v) Include the amount of the actual costs of the notices required under this paragraph; and
(vi) Provide that, if an impounded vehicle is not reclaimed as required under this subsection, within 10 days after the date specified in the court order, the impounded vehicle will be considered an abandoned vehicle and subject to the provisions of Title 25, Subtitle 2 of this article.
(3) If an impounded vehicle is not reclaimed within 10 days after the date specified in a court order under this section, the vehicle shall be considered an abandoned vehicle subject to the provisions of Title 25, Subtitle 2 of this article.
(g)(1) This section may not be construed to prohibit a lienholder from exercising its rights under applicable law, including the right to sell a vehicle that has been impounded or immobilized under this section, in the event of a default in the obligation giving rise to the lien.
(2)(i) A lienholder exercising the right to sell a vehicle that has been impounded or immobilized under this section shall notify, in writing, the police department with custody of the vehicle of the lienholder’s intention to sell the vehicle.
(ii) The notice shall be accompanied by copies of documents giving rise to the lien and shall include an affidavit under oath by the lienholder that the underlying obligation is in default and the reasons for the default.
(iii) On request of the lienholder and on payment of all costs required under this section, the vehicle shall be released to the lienholder.
(3) Except as provided in paragraph (4) of this subsection, the rights and duties provided by law to the lienholder for the sale of collateral securing an obligation in default shall govern the repossession and sale of the vehicle.
(4)(i) The lienholder may not be required to take possession of the vehicle before a sale of the vehicle.
(ii) The proceeds of any sale shall be applied first to the actual costs of immobilization, or towing, preservation, and storage of an impounded vehicle, and the actual costs of the notices required under subsection (f) of this section, then as provided by law for distribution of proceeds of a sale by the lienholder.
(5)(i) If the interest of the owner in the vehicle is redeemed, the lienholder shall, within 10 days after the redemption, mail a notice of the redemption to the police department who impounded or immobilized the vehicle.
(ii) If the vehicle has been repossessed or otherwise lawfully taken by the lienholder and the time specified by a court order under this section has not expired, the lienholder shall return the vehicle within 21 days after the redemption to the police department who impounded or immobilized the vehicle.
(h) This section does not affect the requirements of Title 25, Subtitle 2 of this article regarding abandoned vehicles.

MD Code, Transportation, § 27-107. Other penalty; ignition interlock system (top)

(a) In this section, “ignition interlock system” means a device that:
(1) Connects a motor vehicle ignition system to a breath analyzer that measures a driver’s blood alcohol level; and
(2) Prevents a motor vehicle ignition from starting if a driver’s blood alcohol level exceeds the calibrated setting on the device.
(b) In addition to any other penalties provided in this title for a violation of any of the provisions of § 21-902(a) of this article (“Driving while under the influence of alcohol or under the influence of alcohol per se”), or § 21-902(b) of this article (“Driving while impaired by alcohol”), or in addition to any other condition of probation, a court may prohibit a person who is convicted of, or granted probation under § 6-220 of the Criminal Procedure Article for, a violation of § 21-902(a) or § 21-902(b) of this article from operating for not more than 3 years a motor vehicle that is not equipped with an ignition interlock system.
(c) If the court imposes the use of an ignition interlock systems a sentence, part of a sentence, or a condition of probation, the court:
(1) Shall state on the record the requirement for, and the period of the use of the system, and so notify the Administration;
(2) Shall direct that the records of the Administration reflect:
(i) That the person may not operate a motor vehicle that is not equipped with an ignition interlock system; and
(ii) Whether the court has expressly permitted the person to operate a motor vehicle without an ignition interlock system under subsection (g)(2) of this section;
(3) Shall direct the Administration to note in an appropriate manner a restriction on the person’s license imposed under paragraph (2)(i) or (ii) of this subsection;
(4) Shall require proof of the installation of the system and periodic reporting by the person for verification of the proper operation of the system;
(5) Shall require the person to have the system monitored for proper use and accuracy by an entity approved by the Administration at least semiannually, or more frequently as the circumstances may require; and
(6)(i) Shall require the person to pay the reasonable cost of leasing or buying, monitoring, and maintaining the system; and
(ii) May establish a payment schedule.
(d) A person prohibited under this section or Title 16 of this article from operating a motor vehicle that is not equipped with an ignition interlock system may not solicit or have another person attempt to start or start a motor vehicle equipped with an ignition interlock system.
(e) A person may not attempt to start or start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited under this section or Title 16 of this article from operating a motor vehicle that is not equipped with an ignition interlock system.
(f) A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition interlock system that has been installed in the motor vehicle of a person under this section or Title 16 of this article.
(g)(1) Subject to the provisions of paragraph (2) of this subsection, a person may not knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system to another person who the person knows is prohibited under subsection (b) of this section or Title 16 of this article from operating a motor vehicle not equipped with an ignition interlock system.
(2) If a person is required, in the course of the person’s employment, to operate a motor vehicle owned or provided by the person’s employer, the person may operate that motor vehicle in the course of the person’s employment without installation of an ignition interlock system if the court or the Administration has expressly permitted the person to operate in the course of the person’s employment a motor vehicle that is not equipped with an ignition interlock system.

MD Code, Criminal Law, § 10-125- Prohibited conduct (top)

Possession of open container

(a)(1) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not possess an open container that contains any amount of an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(2) A driver of a motor vehicle may not be subject to prosecution for a violation of this subsection based solely on possession of an open container that contains any amount of an alcoholic beverage by another occupant of the motor vehicle.

MD Code, Criminal Law, § 10-113. Misrepresentation of age (top)

An individual may not knowingly and willfully make a misrepresentation or false statement as to the age of that individual or another to any person licensed to sell alcoholic beverages or engaged in the sale of alcoholic beverages, for the purpose of unlawfully obtaining, procuring, or having unlawfully furnished an alcoholic beverage to an individual.

MD Code, Criminal Law, § 10-114. Underage possession (top)

An individual under the age of 21 years may not possess or have under the individual’s charge or control an alcoholic beverage unless the individual is a bona fide employee of the license holder as defined in Article 2B, § 1-102 of the Code and the alcoholic beverage is in the possession or under the charge or control of the individual in the course of the individual’s employment and during regular working hours.

MD Code, Criminal Law, § 10-116. Obtaining for underage consumption (top)

An individual may not obtain an alcoholic beverage from any person licensed to sell alcoholic beverages for consumption by another who the individual obtaining the beverage knows is under the age of 21 years.

MD Code, Criminal Law, § 10-117. Furnishing for or allowing underage consumption (top)

Prohibited–Furnishing alcohol

(a) Except as provided in subsection (c) of this section, a person may not furnish an alcoholic beverage to an individual if:
(1) the person furnishing the alcoholic beverage knows that the individual is under the age of 21 years; and
(2) the alcoholic beverage is furnished for the purpose of consumption by the individual under the age of 21 years.

Prohibited–Allowing possession or consumption of alcohol

(b) Except as provided in subsection (c) of this section, an adult may not knowingly and willfully allow an individual under the age of 21 years actually to possess or consume an alcoholic beverage at a residence, or within the curtilage of a residence that the adult owns or leases and in which the adult resides.

Exceptions

(c)(1) The prohibition set forth in subsection (a) of this section does not apply if the person furnishing the alcoholic beverage and the individual to whom the alcoholic beverage is furnished:
(i) are members of the same immediate family, and the alcoholic beverage is furnished and consumed in a private residence or within the curtilage of the residence; or
(ii) are participants in a religious ceremony.
(2) The prohibition set forth in subsection (b) of this section does not apply if the adult allowing the possession or consumption of the alcoholic beverage and the individual under the age of 21 years who possesses or consumes the alcoholic beverage:
(i) are members of the same immediate family, and the alcoholic beverage is possessed and consumed in a private residence, or within the curtilage of the residence, of the adult; or
(ii) are participants in a religious ceremony.

MD Code, Education,§ 26-103. Alcohol prohibited (top)

(a)(1) Unless locally approved by the county board of education, a person may not drink or possess any alcoholic beverage on the premises of any public school .
(2) A person who drinks or possesses any alcoholic beverage and causes a public disturbance at any elementary or secondary school athletic contest may not refuse to comply with a request by a law enforcement officer to stop drinking and causing the public disturbance. If the person complies with the first request, he may not be charged under this paragraph.
(b)(1) Any person under 18 years of age who violates the provisions of this section shall be issued a citation and be subject to the dispositions for a violation under Title 3, Subtitle 8A of the Courts Article.
(2) Any person 18 years old or older violating the provisions of this section shall be issued a citation and be subject to § 10-119 of the Criminal Law Article.

DUI & DWI & OWI in Maryland:

You’ve probably heard the terms DUI, DWI or perhaps even OUI. But what exactly do they mean?

“DWI” stands for “driving while impaired.”
“DUI” represents “driving under the influence.”
“OUI” is “operating under the influence.”

All three terms essentially mean the same thing: Operating a motor vehicle after consuming enough alcohol to register a specific blood-alcohol level.

Most states set the level at 0.10, although some states have or are considering lowering the level to 0.08. In Maryland, there are actually two blood alcohol level standards:

A blood alcohol level in Maryland of 0.08 or higher will result in a DUI (Driving under the influence) arrest. Having a BAC level in Maryland of 0.07 will result in an arrest for DWI (driving while impaired).

What’s the difference? (top)

DUI / DWI Penalties in Maryland

A DUI in Maryland (BAC of 0.08 or higher) carries with it a minimum of 45 days motor vehicle license suspension, a fine of up to $1,000, 12 points on your driving record and a possible jail term of one year. This is just for the first offense!

A DWI in Maryland (BAC of 0.07) is a slightly lesser offense. But only slightly. Your drivers license can be suspended for up to 60 days (no minimum) you can be fined up to $500, and receive a possible two month jail term. Plus you’ll get 8 points on your driving license.

Breathalyzer Tests (top)

In Maryland, taking a breath test is mandatory if the officer suspects you’ve been drinking and driving. If you refuse, that fact can now be admitted into court as evidence of DUI guilt. Even if you weren’t intoxicated, the law will treat you as if you were – with the same penalties applying.

Remember – in Maryland as in all the other states, driving is not a right but a privilege. The state can revoke that privilege for any legal reason it so chooses.

Field Sobriety Tests In Maryland (top)

A field sobriety test is used by an officer in Maryland to help determine if, in his or her opinion, you are under the influence of alcohol and should be arrested for drunk driving.

The officer may place you through a series of balance tests like walking an imaginary line or leaning back with eyes closed, coordination tests like counting on your fingers or touching a finger to your nose while your eyes are closed, or mental tests requiring you to recite the alphabet or count backwards.

If you fail these tests, it’s viewed as additional evidence of your guilt. Again in Maryland – taking these tests are not discretionary.

There are defenses to these field sobriety tests. In one such case, a police officer ordered an obese and disabled man to take a “walk and turn test.” The man failed. At trial, it came out the police officer had no idea that the test he gave was in direct contradiction of National Highway Traffic Safety Administration (“NHTSA”) manual standards for overweight or physically impaired individuals. The defendant was acquitted.
Open Container Laws In Maryland (top)

Basically, open container laws mean just what they imply: You can’t have or posses any open alcoholic beverage container, or consume any alcoholic beverage in the passenger area of a motor vehicle. (Store that bottle in your trunk!)
Multiple DUI / DWI Convictions In Maryland (top)

Briefly, they aren’t very pretty. A second DUI in Maryland increases the fine to $2,000 and possibly two years in jail. A second DWI offense can cost you up to $500 in fines and a one year jail term.

If you strike out a third time in Maryland, you’re in a whole new world of hurt. Expect a mandatory jail term, a felony conviction on your records, a lengthy alcohol education program, the possibility of having an ignition interlock device attached to your car, and even more restrictions placed on your freedom and movements.

License Suspension in Maryland (top)

If you’ve been charged with a DWI or DUI in Maryland, you only have 10 days from the date of arrest to request a Maryland Motor Vehicle Administration (MVA) hearing. If you don’t request the hearing, or miss the ten day window of opportunity, your license will be automatically suspended.

Even if you were arrested in another state other than Maryland for a DUI or DWI offense, if you have a Maryland license, you’ll still need to get an MVA hearing to protect your driving privileges. Maryland is one of the 45 states sharing information about DWI and DWI arrests and convictions.

Occupational Licenses In Maryland (top)

In Maryland, you may still be able to get an “occupational license” even if your drivers license has been suspended. These are available under many different circumstances. The judge must find that an “essential need” exists, such as school or job commuting. The license is restricted as to routes, areas and times.

Getting The Legal Help You Need In Maryland (top)

As you see, DUI or DWI offenses in Maryland are nothing to fool around with. If you’ve been charged with Driving Under the Influence or Driving While Impaired, it’s essential you have competent and experienced legal help.

At SRIS, P.C. we guarantee you the following: (top)

There is no charge for the initial consultation with a DUI or DWI lawyer to discuss the facts of your case.
All costs, fees, and charges are made clear beforehand, so there are never any surprises or hidden costs later on down the line.
There is always a written retainer agreement, specifying all details and payments expected.

Hiring a DUI lawyer or DWI lawyer to defend a drunk driving case in Maryland is an important decision. There’s a lot at stake. We know no matter how many cases we’ve handled, or whom we’ve represented before, the only case that matters to you is yours.
You should feel comfortable with every aspect of your relationship with one of our qualified DUI or DWI lawyers, including the financial arrangements. A highly qualified DUI / DWI lawyer is just a toll-free phone call away.

The Maryland DUI attorneys and Law Offices of SRIS, P.C., are located in Rockville & Baltimore but our sphere of activity is statewide. Our Maryland attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

We are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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MARYLAND EXPUNGEMENT ATTORNEYS

Sometimes, you are wrongly charged with a criminal offense in Maryland and then the case is dismissed after a trial or dropped without the prosecution pursuing it any further. That is great news. Except now you have a Maryland criminal charge on your record regardless of the fact that you were never found to have done anything wrong. The only way to get rid of this black mark on your record is to have it expunged. Below, you will find some information about cleaning up your criminal record in Maryland. Once you read it and want the help of a Maryland expungement lawyer to get your record cleaned up, contact one of our Maryland expungement attorneys of SRIS, P.C. We have very experienced in assisting clients with Maryland expungements. Our Maryland expungement attorneys routinely go before the Courts of Maryland and petition the courts for expungements. We have offices in Rockville and Annapolis, Maryland. If you wish to consult a SRIS, P.C. Maryland expungement lawyer, please simply contact us. A Maryland expungement attorney of SRIS, P.C. will gladly consult with you regarding your matter. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

ANNAPOLIS, MARYLAND OFFICE: 116 Defense Highway, Suite 502 Annapolis, Maryland 21401 Phone: (240) 399-0304

ROCKVILLE, MARYLAND OFFICE: One Research Court, Suite 450 Rockville, Maryland 20850 Phone: (240) 399-0304

To obtain a general overview of expungement laws, please click here

To learn more about the laws pertaining to expungement laws in Virginia or Massachusetts, please click on the state.

The following is the Criminal Procedures for obtaining an expungement in the State of Maryland. Click on any of the following laws to learn more about them.

• What is an Expungement?
• How do you get a charge expunged?
• Expungement of police record when no charge is filed
• Expungement of record after charge is filed
• Expungement of criminal charge transferred to juvenile court
• Expungement of driving record

EXPUNGEMENT LAWS

MD Code, Criminal Procedure, § 10-101 Definitions (top)

(d) “Expunge” means to remove information from public inspection in accordance with this subtitle.
(e) “Expungement” with respect to a court record or a police record means removal from public inspection:
(1) by obliteration;
(2) by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or
(3) if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.

MD Code, Criminal Procedure, § 10-102. Scope (top)

(a) A police record or a court record may be expunged under this subtitle.
(b)(1) A court record or a police record that existed before July 1, 1975 , and is still maintained, may be expunged under this subtitle.
(2) A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975 , may use the procedures for expungement provided under this subtitle.
(3) The limitation periods provided in §§ 10-103 and 10-105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.
(4) The custodian of court records or police records that were made before July 1, 1975 , and that may be expunged under this subtitle:
(i) shall make a reasonable search for a record requested for expungement; but
(ii) need not expunge a court record or a police record that is not found after a reasonable search.
(c) This subtitle does not apply to:
(1) a record about a minor traffic violation;
(2) the published opinion of a court;
(3) a cash receipt or disbursement record that is necessary for audit purposes;
(4) a transcript of court proceedings made by a court reporter in a multiple defendant case;
(5) an investigatory file; or
(6) a record of the work product of a law enforcement unit that is used solely for police investigation.

MD Code, Criminal Procedure,§ 10-103. Expungement of police record when no charge is filed (top)

(a) A person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may:
(1) give written notice of these facts to a law enforcement unit that the person believes may have a police record about the matter; and
(2) request the expungement of the police record.
(b)(1) Except as provided in paragraph (2) of this subsection, a person may not give notice under this subtitle before the statute of limitations expires for all tort claims that arise from the incident.
(2)(i) A person may give notice before the statute of limitations expires if the person attaches to the notice a written general waiver and release, in legal form, of all tort claims that the person has arising from the incident.
(ii) The notice and waiver are not subject to expungement.
(3) The law enforcement unit shall keep the notice and waiver at least until any applicable statute of limitations expires.
(4) The person shall give the notice within 8 years after the date of the incident.
(c)(1) On receipt of a timely filed notice, the law enforcement unit promptly shall investigate and try to verify the facts stated in the notice.
(2) If the law enforcement unit finds the facts are true, the law enforcement unit shall:
(i) search diligently for each police record about the arrest, detention, or confinement of the person;
(ii) expunge each police record it has about the arrest, detention, or confinement within 60 days after receipt of the notice; and
(iii) send a copy of the notice and the law enforcement unit’s verification of the facts in the notice to:
1. the Central Repository;
2. each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest, detention, or confinement; and
3. the person requesting expungement.
(d) Within 30 days after receipt of the notice, the Central Repository, booking facility, and any other law enforcement unit shall search diligently for and expunge a police record about the arrest, detention, or confinement.
(e) If the law enforcement unit to which the person has sent notice finds that the person is not entitled to an expungementof the police record, the law enforcement unit, within 60 days after receipt of the notice, shall advise the person in writing of:
(1) the denial of the request for expungement;and
(2) the reasons for the denial.
(f)(1)(i) If a request by the person for expungement of a police record is denied under subsection (e) of this section, the person may apply for an order of expungementin the District Court that has proper venue against the law enforcement unit.
(ii) The person shall file the application within 30 days after the written notice of the denial is mailed or delivered to the person.
(2) After notice to the law enforcement unit, the court shall hold a hearing.
(3) If the court finds that the person is entitled to expungement, the court shall order the law enforcement unit to expungethe police record.
(4) If the court finds that the person is not entitled to expungementof the police record, the court shall deny the application.
(5)(i) The law enforcement unit is a party to the proceeding.
(ii) Each party to the proceeding is entitled to appellate review on the record, as provided in the Courts Article for appeals in civil cases from the District Court.

MD Code, Criminal Procedure, § 10-105. Expungement of record after charge is filed (top)

(a) A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if:
(1) the person is acquitted;
(2) the charge is otherwise dismissed;
(3) a probation before judgment is entered, unless the person is charged with a violation of § 21-902 of the Transportation Article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article;
(4) a nolle prosequi or nolle prosequi with the requirement of drug or alcohol treatment is entered;
(5) the court indefinitely post pones trial of a criminal charge by marking the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment on the docket;
(6) the case is compromised under § 3-207 of the Criminal Law Article;
(7) the charge was transferred to the juvenile court under § 4-202 of this article; or
(8) the person:
(i) is convicted of only one criminal act, and that act is not a crime of violence; and
(ii) is granted a full and unconditional pardon by the Governor.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person shall file a petition in the court in which the proceeding began.
(2) If the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred.
(3)(i) If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court.
(ii) The appellate court may remand the matter to the court of original jurisdiction.
(c)(1) Except as provided in paragraph (2) of this subsection, a petition for expungement based on an acquittal, a nolle prosequi, or a dismissal may not be filed within 3 years after the disposition, unless the petitioner files with the petition a written general waiver and release of all the petitioner’s tort claims arising from the charge.
(2) A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of:
(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or
(ii) 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket.
(3) A petition for expungement based on a nolle prosequi with the requirement of drug or alcohol treatment may not be filed until the completion of the required treatment.
(4) A petition for expungement based on a full and unconditional pardon by the Governor may not be filed later than 10 years after the pardon was signed by the Governor.
(5) Except as provided in paragraph (2) of this subsection, a petition for expungement based on a stet or a compromise under § 3-207 of the Criminal Law Article may not be filed within 3 years after the stet or compromise.
(6) A court may grant a petition for expungementat any time on a showing of good cause.
(d)(1) The court shall have a copy of a petition for expungementserved on the State’s Attorney.
(2) Unless the State’s Attorney files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungementof all police records and court records about the charge.
(e)(1) If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing.
(2) If the court at the hearing finds that the person is entitled to expungement, the court shall order the expungementof all police records and court records about the charge.
(3) If the court finds that the person is not entitled to expungement,the court shall deny the petition.
(4) The person is not entitled to expungementif:
(i) the petition is based on the entry of probation before judgment, a nolle prosequi, or a stet, including a nolle prosequi with the requirement of drug or alcohol treatment or a stet with the requirement of drug or alcohol abuse treatment, or the grant of a pardon by the Governor; and
(ii) the person:
1. since the full and unconditional pardon or entry, has been convicted of a crime other than a minor traffic violation; or
2. is a defendant in a pending criminal proceeding.
(f) Unless an order is stayed pending an appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order.
(g)(1) The State’s Attorney is a party to the proceeding.
(2) A party aggrieved by the decision of the court is entitled to appellate review as provided in the Courts Article

MD Code, Criminal Procedure, § 10-106 Expungement of criminal charge transferred to juvenile court (top)

(a) In this section, “delinquency petition” means a petition filed under § 3-8A-10 of the Courts Article alleging that a child is a delinquent child.
(b) A person may file a petition for expungement of a criminal charge transferred to the juvenile court under § 4-202 of this article:
(1) after the date of the decision not to file a delinquency petition; or
(2) after the decision on the delinquency petition of facts-not-sustained.
(c) The court may grant a petition for expungement to a person when the person becomes 21 years old, if a charge transferred under § 4-202 of this article resulted in the adjudication of the person as a delinquent child.
(d) A court shall grant a petition for expungement of a criminal charge that was transferred to the juvenile court under § 4-202 of this article, if:
(1) the charge that was transferred under § 4-202 of this article did not result in the filing of a delinquency petition; or
(2) the decision on the delinquency petition was that there was a finding of facts-not-sustained.

MD Code, Transportation, § 16-117.1. Expungement of driving record (top)

(a) In this section, “criminal offense” does not include any violation of the Maryland Vehicle Law.
(b) Except as provided in subsection (c) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee’s public driving record, the Administration shall expungethe record if, at the time of application:
(1) The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and
(2)(i) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’s license never has been suspended or revoked;
(ii) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee’s record shows not more than one suspension and no revocations; or
(iii) Within the preceding 10 years:
1. The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article;
2. The licensee’s driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
3. The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.
(c) The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungementhas not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based.
(d) The Administration shall expungefrom its driver record data base the driving record of an individual or a probation before judgment disposition of an individual:
(1) Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years;
(2) Who has not been convicted of, or been granted probation before judgment for:
(i) A violation of § 20-102 of this article;
(ii) A violation of § 21-902 of this article; or
(iii) A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
(3) Whose license or privilege to drive never has been suspended or revoked.

Our Maryland expungement attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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