Criminal Defense Lawyer Blog
Talk about a rough night. A southern Maryland man was recently arrested for DUI and multiple other traffic offenses. Police came in contact with the man after he was pulled over for unsafe lane changing. Upon contacting the man, the Maryland State Trooper noticed the odor of an alcoholic beverage coming from the driver’s breath. After conducting a DUI investigation, the trooper arrested the man and charged him with DUI, negligent driving, and unsafe lane change. The driver was also given a breathalyzer test at the police station, where his blood alcohol content registered .15, nearly twice the legal limit. A DUI arrest and multiple traffic tickets would certainly have ruined anyone’s evening, but the southern Maryland man’s night was far from over at this point.
The man was arrested at about 2 a.m. and taken to the police station in St. Mary’s County, Maryland. Rather than holding the man overnight, police were kind enough to release the man on his own recognizance less than two hours later. No bail bond was necessary, and police did not wait for the man to sober up, but rather allowed him to call for a sober driver to pick him up. It is unclear whether the man actually got a ride from the police station or if he simply walked home, but the man’s car was still in the tow lot at the time he was released from the Maryland police station. Here is where the southern Maryland man’s night went from bad to historically awful. At about 4 a.m. the same Maryland State Trooper was called to perform a DUI investigation in a shopping center parking lot, which was the exact scene where he had just arrested the man for DUI 2 hours before. Unbeknownst to the trooper at the time of the call, the suspect turned out to be the same man that the trooper had just arrested. When the trooper arrived to the shopping center he discovered that the same man he had just arrested was driving a different car, and was slightly less intoxicated, but still well over the legal limit of .08. The southern Maryland man was arrested yet again for DUI, and this time blew a .11 on the breathalyzer machine.
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Annapolis police have arrested a 19 year old Maryland man in one of the largest drug busts in Anne Arundel County this year. Police received tips from community sources, as well as their own investigations in order to secure a search warrant that ultimately led to the seizure of nearly $30,000 worth of heroin, stacks of cash, and marijuana. Police also seized two handguns from the Maryland man’s house. Closer examination of the guns back at the Annapolis police department revealed that the firearms, a 9mm Beretta and a Smith and Wesson, were in fact stolen. Police did not reveal how much marijuana was seized from the Maryland residence, but closer inspection of the heroin revealed 140 grams of high grade heroin packaged for sale. Annapolis police are still investigating possible sources of the heroin. At the current time, police have not arrested a supplier, but more arrests stemming from this bust could be imminent. The Maryland man was arrested on 5 separate CDS drug counts including narcotics possession, possession of drugs with intent to distribute, and possession of drug paraphernalia. Bail was set at $40,000, which was posted soon after the arrest.
A Maryland man was arrested for multiple drug charges after police used a search warrant to raid his Ann Arundel County home. Ann Arundel police executed the search warrant and discovered approximately 46 marijuana plants, which ranged from 5 to 6 feet tall. Police did not release the exact details of what led them to the 53 year old man’s home, but police did say that residents of the neighborhood had voiced to concerns to cops about possible drug activity going on in the house. According to police, the Maryland man was arrested for 9 drug charges including manufacturing marijuana, possession of marijuana with intent to distribute, and possession of marijuana. Manufacturing marijuana and possession of marijuana with intent to distribute are both felonies, while possession of marijuana is a misdemeanor. Police did not indicate whether they had any concrete evidence that the Maryland homeowner was actually dealing drugs, or if the marijuana grow operation was simply for personal use. According to police, the marijuana would eventually have a street value of over 50 thousand dollars once the marijuana was harvested.
Enforcing Maryland marijuana laws is still a top priority for law enforcement agencies throughout the state, but public sentiment about the drug may be changing the way police look at marijuana cases. Marijuana arrests still account for the majority of all drug arrests throughout Maryland, and in most jurisdictions the ratio of marijuana arrests to other drug arrests is not even close. For example, in Montgomery County 67 percent of all drug possession arrests were for marijuana possession in 2011, and a staggering 74 percent of all drug possession arrests were for marijuana in 2010. These numbers would be even higher if all drug cases processed by Montgomery County Police were included, because a large number of marijuana possession defendants are not arrested, but rather are issued citations for the crime. In contrast, suspects caught by police with other drugs such as cocaine or heroin are almost always arrested at the crime scene. So far in 2012 the percentage of marijuana arrests to all drug arrests has fallen slightly to 63 percent. The question being asked now is whether this percentage will continue to drop as Maryland citizens and Maryland lawmakers become more tolerant of marijuana use.
The United States Supreme Court will temporarily allow Maryland law enforcement agencies to resume their post arrest DNA testing policies according to an order signed by chief justice John Roberts. The DNA testing policies allow all Maryland law enforcement agencies to take DNA samples of suspects arrested for violent crimes such as robbery, assault, rape, and homicide. The law also allows police to take DNA from a suspect that is arrested for burglary. Although burglary is not a violent crime, it is a crime that is often only solved when forensic evidence such as DNA or latent fingerprints is recovered from the crime scene. Maryland police agencies are not allowed to take DNA samples upon arrest of suspects that are incarcerated for common non-violent crimes such as DUI, possession of marijuana, and drug distribution.
Breath alcohol tests for drivers suspected of DUI could resume in Washington D.C. as early as next month. Washington was forced to suspend its breath alcohol testing program in drunk driving cases after lawyers of convicted DUI defendants filed dozens of lawsuits challenging the validity the test results. Four of these lawsuits ended in settlements against the city, and other civil lawsuits are still pending. The city eventually admitted that its employees provided inaccurate breathalyzer test results to city prosecutors that were used as evidence in DUI cases. Just as in Maryland, Washington breath technicians are required to conduct and document regular maintenance testing for breath alcohol testing machines, but D.C. techs were neglecting to perform these maintenance tests. In some cases breath technicians were even providing false documentation to prosecuting lawyers that was directly used to prove DUI cases. 
In the past few years the Maryland legislature has weakened its stance on the prosecution of marijuana possession cases. This trend began with the passing of laws that allow defendants charged with possession of marijuana to assert the legal defense of medical necessity. The Maryland legislature also went on to pass a law that will decrease the maximum jail sentence that a defendant charged with a first offense of possession of marijuana can receive. Come October, a first offense for marijuana possession will carry a 60 day maximum jail sentence rather than the scarcely used 1 year maximum jail sentence. Surprisingly though, the Maryland legislature has remained silent on the issue of synthetic marijuana. 
With the summer boating season in full swing, the Maryland natural resource police is charged with the daunting task of keeping the state’s waterways safe. Enforcing Maryland’s DUI laws out on the water is one way that the natural resource police can accomplish this objective. The Maryland state police, and local police departments across the state devote a great deal of effort to maintain or increase the amount of drunk driving arrests each year. This is in part to send a message to the public that drunk driving will not be tolerated out on Maryland’s roads. Each summer, the natural resource police attempts to send the same message that driving a boat while under the influence of alcohol or drugs will not be tolerated on Maryland’s waters. If you decide to venture out on the 17,000 miles of river or the 1,700 square miles of Chesapeake Bay, chances are that you will encounter a Maryland natural resource police officer. In order to prepare for one of these encounters, it is important for boaters to understand how Maryland’s drunk driving laws apply to boaters.
A Baltimore City police officer was recently charged with assault after being involved in an altercation in Harford County, Maryland. The exact facts surrounding the altercation are in dispute, but the Baltimore police officer certainly has an interesting explanation for how he became involved in the assault. The criminal charging document alleges that the 10 year Baltimore police veteran, who was off duty at the time, approached a parked vehicle with two occupants seated inside. The police officer was apparently yelling at the occupants to stop dealing drugs, and approached the car in a threatening manner despite not seeing any actual drug transaction taking place. 
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.