Car Accidents

Published on: October 6, 2023

Glen Burnie Man Flees Traffic Stop, Crashes into Trooper

Anne Arundel County Police have charged two men with multiple criminal and traffic offenses in connection with a hit and run that left a state trooper seriously injured. According to reports, police attempted to conduct a traffic stop of a Ford F-150 in Pasadena at around 12:30 in the afternoon for driving without a front license plate. The driver of the pickup failed to stop, and instead allegedly attempted to flee the scene. During the act of fleeing from police, the driver crashed into an unmarked State Police Vehicle and injured the trooper inside. The injuries were serious enough to require the trooper to be transported to the hospital via ambulance. Police eventually located the driver and a man alleged to be the passenger at the driver’s home in Glen Burnie. The passenger was arrested for drug possession and making a false statement to a law enforcement officer, and the driver was issued more than a dozen traffic citations including fleeing or eluding police, driving without a license, driving on a revoked license and reckless driving. Both men have yet to receive their trial dates for their charges, and both may have more serious issues on the horizon than traffic citations and misdemeanor drug and false statement charges.

At the time of the hit and run, the driver of the truck already had a court case scheduled at the Glen Burnie courthouse for driving on a suspended license, which probably explains why he was attempting to avoid being pulled over int first place. The prior case is scheduled in early November, and you can bet the State will bring up the recent charges if the case is not postponed again. In addition, the driver may also face additional, more serious charges for leaving the scene of an accident resulting in serious bodily injury. Leaving the scene of an accident or hit and run is already a serious traffic offense that carries up to 60 days in jail if there was property damage and up to 1 year in jail if someone was injured. The severity of this offense increases dramatically if the victim suffered serious bodily injury and the driver knew or reasonably should have known the accident might result in serious bodily injury. Leaving the scene of an accident with serious bodily injury is a felony with a five-year maximum penalty. Despite the fact that the driver was already issued multiple citations related to the accident and the fleeing, the State could always add additional charges by filing a criminal information or the police may choose to file a statement of charges. Since this offense requires the State to prove the victim actually suffered serious bodily injury, this type of charge would not typically be initiated until later when medical records can be obtained. In situations where there is a fatality a driver could be charged with a 10-year felony for failing to remain at the scene.

The passenger was actually arrested at the driver’s house and is being held without bond at the Anne Arundel County Detention Center on three separate cases. He is a Tier 3 sex offender with a lifetime registry requirement, and was charged with failing to register. The failure to register allegation likely triggered a violation of his Anne Arundel County Circuit Court probation for two counts of second degree assault. He then failed to appear at the district court for the failure to register case and had two bench warrants, one a violation of probation bench warrant and the other a failure to appear bench warrant. What likely happened is that police attempted to identify the passenger upon locating the two suspects in the hit and run, and the passenger gave a fake name to avoid being arrested. When police eventually found out his identity, they arrested him and found CDS on his person. Thus, the two new charges to go along with the two outstanding bench warrants. The passenger was ultimately held without bail on the new charge due to his prior FTA and his outstanding VOP.

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Published on: November 11, 2021

Former Maryland Police Officer Guilty of DUI

By Benjamin Herbst

A former high-ranking officer with the Maryland Natural Resources Police has been found guilty of DUI and negligent driving after a plea agreement was reached in the District Court for Worcester County in Snow Hill. The officer, who was second in command at the NRP, was granted probation before judgement for the DUI count, and received a conviction for the negligent driving count. Pursuant to the plea agreement, the charges for leaving the scene of an accident with property damage and improper backing were dismissed by the State. As part of the sentence the former decorated law enforcement officer will be required to complete 100 hours of community service and was placed on 2 years of unsupervised probation. It appears as though the defendant already completed an alcohol education program, as that was not ordered during sentencing.

According to the facts presented at the plea agreement the former police officer was stopped at a red light near Ocean City when he proceeded to back into another vehicle. In a regrettable decision, the defendant left the scene, and was later found parked in a lot near Route 113. When troopers arrived, they detected an odor of an alcoholic beverage and began to administer standardized roadside sobriety exercises. They soon after arrested the officer and issued him four citations. By leaving the scene, the former officer was in violation of the Maryland Transportation Article section 20-103, which requires all persons involved in an accident to remain in the area of the accident until they have rendered reasonable aid and exchanged identifying information. A violation of 20-103 is a misdemeanor punishable by up to 60 days in jail, but the State felt it was appropriate to dismiss this citation as part of the plea. Instead, it appears they were insistent on prosecuting the negligent driving citation. Negligent driving carries 1 point or 3 points if the act contributed to an accident, so the former officer will have at least 1 point assessed on his driving record.

Fortunately, the accident appeared to be minor and nobody was injured. If there had been bodily injury the former officer could have been charged under 20-102, leaving the scene of an accident with bodily injury. This offense is punishable by up to 1 year in jail unless the accident resulted in serious bodily injury or death. Leaving the scene of an accident with serious bodily injury is a felony punishable by up to 5 years in prison, and if a death occurred the maximum penalty jumps to 10 years. Under these enhanced penalties the state is required to prove the defendant knew or should have known the accident caused serious bodily injury or death. Maryland is one of a few states that also criminalizes negligent driving without any proof of drug or alcohol impairment. Almost all vehicle accidents that result in the death of an individual will be forwarded to the State’s Attorney’s Office for review. If it appears that the at fault driver deviated from the normal standard of care that is expected when on the road, he or she could be charged with a misdemeanor offense of criminal negligence that carries up to 3 years in jail. The penalty jumps to a 10-year felony if there is evidence of gross negligence, which could mean racing or weaving in and out of traffic at a high rate of speed. A defendant who is at fault for an accident involving death and leaves the scene could face punishment on both charges, as they are separate criminal acts.

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Published on: October 28, 2019

What Happens If You Leave The Scene Of An Accident?

By Benjamin Herbst

Maryland has numerous laws governing the responsibilities of drivers who are involved in accidents, and understanding these laws can mean the difference between a simple traffic ticket and a serious criminal charge. The main requirement under Maryland law is that all drivers involved in an accident have a duty to remain at the scene, and drivers who are forced to move their vehicles after the accident due to safety reasons must immediately return. Drivers are only allowed to leave the scene after they have complied with section 20-104. This section actually requires drivers to render reasonable assistance to any person injured in the accident, which may include arranging for transportation to the hospital. The requirement to render aid is typically satisfied by calling 911 and waiting for emergency vehicles to arrive. Drivers are also required to give certain information including their name, address and registration of the vehicle they were driving. If feasible a driver may also be required to furnish his or her driver’s license to any person injured in the accident or any owner of property that was damaged in the accident. If nobody is on the scene of the accident other than the one driver, that driver has a duty to report the accident to the nearest authorized police authority. Failure to comply with these requirements is actually a jailable offense under the duty to give information and render aid statute. A driver who does not comply with these requirements may be charged with a number of different offenses, with some even being felony criminal charges.

Leaving the scene of an accident that has only resulted in property damage is still a crime under 20-103 of the Maryland transportation article. If you knock down and sign, clip and damage a concrete barrier or guardrail or give an adjacent car a little love tap you are required to remain on the scene until completing the requirements of 20-104. Any driver that leaves the scene may be prosecuted for an offense that carries up to 60 days in jail and a $500 fine. This offense also carries 8 points upon conviction, which could result in a notice of suspension from the MVA. There are defenses to cases for leaving the scene of an accident, so if you feel you may be charged it is important to contact a lawyer first. Law enforcement will still have to identify you as the driver, as a license plate number is typically not enough to establish that a particular person was driving when the accident occurred.

Leaving the scene of an accident involving injury is treated harshly under Maryland law, and enhanced punishment can occur even if there was not a serious injury. The penalty for leaving the scene of an accident involving injury is up to 1 year in jail and a $3,000 fine. Leaving the scene of an accident involving a death carries a 5-year maximum penalty and a $5,000 fine. These offenses both carry 12 points upon conviction, which will result in driver’s license revocation proceedings being initiated by the MVA. If the driver knew or should have known the accident would cause serious bodily injury and left the scene the state may charge the driver with a 5-year felony. If the driver knew or should have known the accident would cause death and a death occurred the maximum penalty becomes 10 years.

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Published on: July 8, 2018

Defendant Guilty Of Negligent Driving In Fatal Crash

By Benjamin Herbst

Last week a Montgomery County man was found guilty of negligent driving in a traffic incident that resulted in the death of two law enforcement officers. The accident occurred back in December after an FBI agent lost control of his car and hit the concrete median along Interstate 270. The agent’s car became disabled and in the left lane of travel, and shortly thereafter an off duty law enforcement officer stopped to help. As the two were standing in the shoulder awaiting assistance the defendant’s car stuck and killed both of them. The Maryland State Police conducted a thorough accident investigation, which concluded that the driver was at fault. The driver told investigators that he saw the left lane of travel was blocked by a stopped vehicle, but could not move to the right lane of travel as another vehicle was beside him. In order to avoid the stopped car the man swerved into the shoulder, unaware that the two officers were standing in his way. Regardless of his limited options, investigators determined that the 28-year old driver could have avoided striking the officers had he reacted quicker.

The accident investigation was forwarded to the State’s Attorney’s Office in order to make a determination whether to file criminal charges, and they declined to do so in an April decision. The driver was issued one single citation for negligent driving, which in Maryland is defined as operating a motor vehicle in a careless and imprudent manner that endangers life or property. Negligent driving is a lesser form of reckless driving, but neither offense carries the possibility of jail time, and neither offense requires the defendant to appear in court. In any non-jailable traffic offense a may prepay the fine, request a trial or request a waiver hearing where a guilty with explanation plea will be entered. If a defendant elects the latter two options an attorney may appear on their behalf. In this case the driver pled guilty and was ordered to pay a $280 fine, and will receive 3 points from the MVA because the judge did not grant probation before judgment.

Prosecutors did not believe that the driver’s conduct amounted to criminal negligence, which could have resulted in charges such as reckless endangerment, criminal negligence, gross negligence and manslaughter by vehicle. This decision obviously did not sit well with the family and friends of the victims, but it’s a prosecutor’s job to only proceed on cases where they believe criminal conduct can be proven beyond a reasonable doubt. Not every decision prosecutors make will be popular, but it is their duty to take emotion out of the equation when considering charges. While there are far too many cases of innocent defendants being prosecuted, there are many instances where charges are dropped or not filed despite the severity of the accusations. Just recently our Firm represented a client on serious criminal allegations that were ultimately dismissed after prosecutors took a hard look at the evidence prior to formally charging the case.

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Published on: May 9, 2017

Trooper Busts Illegal Street Race

By Benjamin Herbst

The Maryland State Police Trooper who drove up to a gathering of 50 people in the middle of a Baltimore County road last Sunday afternoon must have been caught off guard at first. However the trooper’s confusion likely wore off within seconds after realizing the crowd was actually observing the start of an illegal street race. The crowd quickly dispersed upon noticing the police presence and one the two cars involved in the aborted race fled the scene and was never caught. The other car though was not able to elude the officer, and its driver, a 26-year old man from Harford County, was arrested and charged with numerous offenses.

While street racing is illegal in Maryland it is not a jailable offense unless it results in serious bodily injury to another person. Rather racing, or even participating in the race as a timekeeper or flagman, is a payable traffic citation that carries a $290 fine and the possibility of 5 points upon conviction. The troopers that encountered the young man who was allegedly about to race his Corvette down Kelso drive could not make an arrest based on the state traffic laws. Instead they slapped disorderly conduct and disturbing the peace charges on him and took him away in cuffs. Disorderly conduct and disturbing the peace are basically the same crimes under state law, and carry a maximum jail sentence of 60 days. The problem with these crimes is how subjective they are, and that they can include almost any type of behavior. Police officers have far too much discretion and as a result many defendants (and perhaps this defendant) are wrongfully charged.

Officers could have written traffic and criminal citations on scene and released the man, but obviously did not feel this was appropriate. He was booked and later released on his own recognizance, and in addition to being summoned for court now has deal with the embarrassment of seeing his booking photo appear on all the news websites. Although the alleged crime took place just steps away from the Baltimore County District Court in Essex, it appears that the defendant will answer for his charges in Towson sometime this summer. It is also worth noting that there is a state police station on that same block, and the rest of the street is mostly commercial and industrial properties that are closed on weekends.

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Published on: September 8, 2016

State Police Arrest Dozens Over Holiday Weekend

By Benjamin Herbst

Holiday weekends motivate thousands to take to the highways to vacation or visit with friends and family. And in Maryland when the weather is warm, a large majority of these motorists travel between the Baltimore and D.C. metro areas and the Eastern Shore. Some stop in the smaller cities and towns along the way, but most end up in Ocean City or the Delaware beaches. Unfortunately there’s only one major thoroughfare between these two destinations, and the traffic can be a nightmare if you leave at the wrong time. Using nightmare to describe traffic might be a figure of speech, as Route 50 gridlock has become just part of the beachgoer experience. The real nightmares out on the highways are the serious car, motorcycle and truck accidents that injure or even claim the lives of those in search of a little sun and sand before heading back to work. Each year the Maryland State Police has made it a priority to do everything in their power to mitigate the increased risk of serious auto accidents that accompany the spring and summer holidays, and this past Labor Day weekend was no different.

In a recent press release State Police took credit for reducing crashes and keeping the public safe, thanks to various initiatives to post more troopers along the holiday driving routes. Initiatives such as Operation Showboat sent troopers posted in the Eastern Shore and the southern part of the state to specifically patrol the Route 50 stretch between the Chesapeake Bay Bridge and Ocean City. These troopers were targeting intoxicated drivers and anyone appearing to be operating in an unsafe manner. All told, MSP reported their troopers conducted over 9,000 traffic stops over the holiday week, and issued over 6,000 citations. There were 119 drunk driving arrests, including 10 arrested over the weekend by the much-publicized S.P.I.D.R.E team, a state police task force dedicated solely toward DUI and DWI enforcement. This task force took to the highways of Montgomery County, which has often been labeled as a drunk driving hotbed by law enforcement.

In addition to the thousands of citations and the 100 plus DUI arrests, the Labor Day traffic stops also produced 64 arrests unrelated to impaired driving. These unfortunate holiday motorists were probably pulled over for some minor traffic infraction (or nothing at all) and then arrested after a search yielded drugs or other contraband such as firearms. Police have made it a common practice to conduct traffic stops as a pretext to some other sort of investigation, and these stops have been ruled constitutional by the Supreme Court as long as there was reasonable suspicion to conduct the traffic stop in the first place. Along with the 64 arrests for new crimes, troopers also arrested 75 people who had outstanding arrest warrants. Law enforcement officers that locate wanted individuals do not even need probable cause to stop or detain, as the courts have held that you essentially lose many of your Fourth Amendment rights if you have a valid arrest warrant. This is true even if the arrest warrant was issued in error or never issued at all, as the only factor that matters is whether the officer reasonably believed you had a valid arrest warrant at the time of the seizure. Moral of this story is that if you have an arrest warrant or are traveling with a currently illegal substance such as marijuana, avoiding the main beach routes over the holidays might be in your best interest.

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Published on: June 28, 2012

Maryland Driver Arrested For 8th DUI

By Benjamin Herbst

A Berlin, Maryland man has been arrested for his 8th drunk driving offense according to the Maryland State Police. Troopers responded to a traffic accident on Route 50 in Wicomico County at 3 a.m. on Sunday morning and made contact with the allegedly intoxicated driver of a 2002 Ford Explorer. The driver who was later charged with DUI apparently failed to stop at a red light, and rear ended a Suzuki SUV that was stopped and waiting for the light to turn green. The driver of the Suzuki, a 47-year-old woman, apparently suffered minor injuries, as did the 3 passengers traveling in her vehicle. All four of the occupants of the Suzuki refused medical treatment from on scene EMTs and left the scene on their own power. The driver of the Explorer however was not afforded the ability to leave the scene on his own power, as the Maryland troopers detained the man for sobriety exercises.

The Maryland police officers reportedly immediately noticed signs that the driver may have been driving under the influence of alcohol, and lawfully detained the driver for further investigation. The Maryland DUI defendant was subsequently placed under arrest for his poor performance on the roadside sobriety exercises. Maryland State Police officers quickly found out that the defendant was also driving on a suspended license for multiple previous DUI convictions. In addition, the defendant was required to install an engine interlock device in his car if he ever miraculously obtained a valid Maryland drivers license in the future. Not surprisingly the cereal DUI defendant was driving without his interlock device properly installed. The DUI defendant has a lengthy criminal record in Maryland, and drunk driving charges are not the only type of criminal cases that appear on this record. Theft and disorderly conduct are just some of the other criminal charges that appear on the defendant’s rap sheet. The defendant also has dozens of traffic citations over the last 25 years in multiple Maryland districts, including Ocean City, Salisbury, and Snow Hill.
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Published on: June 24, 2012

Are Maryland Drunk Driving Laws Too Lenient?

By Benjamin Herbst

In Maryland, and throughout the county, drunk driving is one of the most publicized crimes in the entire justice system. Not only is drunk driving the most common crime in the country according to the bureau of justice statistics arrest data, but drunk driving also affects the widest range of people. Drink driving defendants come from all ages and backgrounds, with some being multiple convicted criminals and others being first time offenders. Drunk driving also affects a wide range of victims, including children. Each year, powerful and well funded lobby groups pour millions of dollars into establishing comprehensive drunk driving educational programs in our schools, and educational commercials on television and radio. These lobby groups also influence state and federal lawmakers to pursue and maintain strict drunk driving laws, and are many times successful in influencing these lawmakers. Recently some of this attention has Maryland drunk driving laws in the news as well.

Maryland drunk driving laws have recently been called into question for being too lenient relative to other states in the country. A closer look at the DUI laws in other states reveals that this criticism does not appear to be a reasonable one. Maryland currently has the 26th strictest drunk driving laws in the country according to Mothers Against Drunk Driving (MADD). While this statistic puts Maryland in the middle of the pack in terms of strictness, these numbers can be misleading. Although Maryland may not have as strict a drunk driving policy as Utah, which enforces a 2 day minimum mandatory jail sentence for a first DUI, by no means is Maryland a lenient state when it comes to drunk driving.
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Published on: June 16, 2012

Baltimore Road Rage Incident Results In Serious Injuries, And DUI And Assault Arrests

By Benjamin Herbst

Road rage and aggressive driving incidents in Maryland have become common in the last decade, and law makers have been forced to address the issue, but rarely does a road range incident make news headlines. Unfortunately a recent dangerous road rage incident appeared in the news just last weekend. The Maryland state police has reported that a road rage incident on interstate 295 in Baltimore has resulted in a pair of arrests and multiple serious injuries. Police arrested one Maryland man who was the driver of the main vehicle involved in the road rage incident for DUI, assault, and destruction of property. The passenger, another Maryland man, was also arrested and charged with assault and malicious destruction of property.

Maryland police reported that the incident began around 8:30 p.m. last Saturday night in the southbound lane of 295 in Baltimore City. The driver who was arrested for DUI was driving extremely erratically, which prompted another vehicle to honk its horn. The alleged drunk driver took offense to this gesture and rammed his Nissan pickup truck into the passenger side of the other car, a Subaru, and kept driving. Then the alleged drunk driver and the passenger of the Nissan further escalated the dangerous situation by coming to a complete stop in a lane of traffic and exiting their vehicle, forcing other cars bound for Baltimore County to come to a stop as well. The driver and passenger approached the same Subaru, which was unable to go around the Nissan, and began violently kicking and punching the car for no apparent reason other than being honked at. This strange and terrifying situation prompted the driver of a Pontiac to intervene and help out the Subaru’s passengers. Upon seeing the driver of the Pontiac exit his vehicle, the alleged drunk driver and his passenger stopped their assault on the Subaru and returned to their Nissan, but the incident was not nearly finished.
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Published on: April 5, 2012

Should Maryland Law Makers Address School Bus Accidents?

By Benjamin Herbst

Recently three school buses were involved in a car accident in Prince Georges County, Maryland where upwards of 25 students were injured. And just last week, a central Florida community was rocked by the news that 9 year old student was killed in a school bus accident, along with 15 other students being injured in the crash. These tragic accidents appear to be showing up in the news more frequently, which begs parents and lawmakers to question whether Maryland school buses are actually safe and what the legislature could do to make them safer.

One potential avenue that lawmakers could explore would be to require Maryland school busses to be equipped with seat belts. At lest five states require the use of seat belts on school buses to mitigate injuries resulting from a bus accident. While Maryland does require automobile passengers to wear seat belts, there is no seat belt law on the books for Maryland school busses. One possible reason that there has not been a successful push in the legislature for school bus seat belts is the lack of empirical data proving that seat belts would actually make school busses safer. There are simply not enough car accidents involving school buses in Maryland to adequately support a study.
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