Driving under the influence and while impaired by alcohol or other drugs can affect your life in so many ways, as a DUI lawyer Towson, MD trusts knows all too well.  From potential incarceration, to supervised and intense probation, to suspension or revocation of your license, DUIs can affect your life for years to come.  Here is a general overview of DUI law in Maryland. It is important that you contact an experienced DUI attorney right after you have been charged. There are things you should be doing right away to help your chances of success, and some issues are extremely time sensitive.

Underage DUI

In order to try and end underage drunk driving, all fifty states have enacted a zero-tolerance law that applies to drivers who are not yet 21. If someone were to receive an underage DUI, there can be legal ramifications as well as there can be lasting effects on their education in the future. If you or your loved one has been charged with an underage DUI, you should consider working with an experienced DUI attorney. The legal limit varies by state but it is usually between .01% and .03%. The severity of the charge depends on the state because some states view a zero-tolerance violation as an infraction while others view it as a misdemeanor crime.

These charges are taken very seriously and it is important to have someone on your side to help fight for a lesser charge.

DUI Laws for those Over 21

Standard DUI: In every state, someone operating a motor vehicle, regardless of their age, can be charged with a standard DUI for driving while impaired by alcohol or drugs or driving with a blood alcohol level of .08% or higher. In Maryland, a standard DUI is charged as a misdemeanor.  Aggravating factors, such as an accident that kills someone, can make the case a felony.

Penalties for a DUI

As previously mentioned, the penalties for a DUI vary greatly depending on the state, as well as the facts of the case. Regardless of the state, receiving a DUI can result in any or many of the following:

• Suspension, revocation, or points on your license
• Fines between a couple hundred to a couple thousand dollars
• Time in jail of up to one year
• Community service
• Installing an ignition interlock device
• Substance abuse treatment or classes

School Opportunities

For many scholarship or college applications, you have to state whether you have been convicted of a crime. A misdemeanor conviction is seen as a crime, so you will have to explain that on your application. Typically having a DUI conviction will not make you ineligible for the scholarship or to the college, however, it is one of the factors that are considered.

Seek Legal Help

If you have been arrested for an underage DUI, it is important that you speak with an experienced attorney. A dedicated team of DUI lawyers can help walk you through this process. It is important to be open with your attorney regarding any fears you have on how this conviction could negatively impact your future plans. Contact a criminal defense attorney to schedule a consultation.

Thanks to our friends and contributors from Greenberg Law Offices for their insight into DUI cases.

A person can be charged with reckless driving if they operate a vehicle in a way that creates a risk for others. If a person is charged with reckless driving, it is not a traffic violation, but is actually considered a criminal offense, classified as a misdemeanor. The assistance of the top criminal defense attorneys Fairfax, Virginia residents rely on may be beneficial.

How is reckless driving different than other types of violations?

When a person is charged with a traffic violation, there are no circumstances that are considered when determining whether that driver is guilty or not. For example, a driver is speeding if they are traveling over the posted speed limit. They are guilty of running a red light if they do not stop their vehicle when the light turns red.

Reckless driving charges are different and a conviction is dependent on the circumstances of the case. This is because when a person is charged with reckless driving, they go through the same criminal process as other types of crimes. They are arrested, read their rights, and are required to show up in court.

How is reckless driving proven in court?

There are several issues the court will examine when determining whether or not a driver was guilty of reckless driving. These include:

• State of mind: Reckless driving goes beyond just being a negligent driver or making a mistake. There must have been a willful or wanton disregard for safety on the part of the driver. A prosecutor must prove that the driver knew or should have known that their behavior or action created a danger to those around them.
• Situational factors: There are many factors the court can consider when determining guilt or innocence of the driver, including whether the driver was familiar with the area they were traveling in, whether were other people or animals in the area, what were the weather conditions, what time of day this occurred, and more.
• Risks: All a prosecutor has to prove is that the driver’s behavior caused a potential safety risk, not that there was anyone actually in danger at the time. The fact that the driver created the risk is enough to qualify as reckless driving.
• There are some states that have passed laws which name certain driving behavior as automatic qualifying as reckless driving. These are referred to as “pro se” behaviors. These may include violations such as:
  • Passing a school bus
  • Racing with another vehicle
  • Traveling a certain speed over the posted speed limit.

What are the penalties if a driver is convicted of reckless driving?

The penalties for a reckless driving conviction depends on the individual’s driving and criminal record. Each state sets its own penalties, but these generally include:

• Fines: This is the minimum penalty you can receive, however, fines for reckless driving are usually hefty and can range from hundreds to thousands of dollars, depending on the circumstances of your case.
• License suspension: Many states have a mandatory license suspension, even for first time reckless driving offenders. Multiple traffic violations can result in a much longer suspension term.
• Probation or jail: Misdemeanor convictions can result in a jail sentence of up to 12 months. The court has the discretion to hand down a jail sentence if the offender has an extensive poor driving or criminal record. In some cases, the judge could sentence the offender to probation instead of jail.

Thank you to our friends and contributors at Dave Albo – Attorney for their knowledge about reckless driving charges and criminal defense.

Drunk Driving Attorney Newark

If you have recently been arrested for a drunk driving offense, you may be looking for legal counsel. The attorneys at Rispoli & Borneo, P.C. have over 20 years of experience defending people just like you against DUI charges. We know the law, we know the Newark courts, and we know how to provide you with competent representation.

If this is your first DUI charge, you may be looking for basic information about your arrest before you contact a drunk driving attorney in Newark. First, you should learn the anatomy of the charges against you:

1. The Traffic Stop.

The police officer who stopped you must have done so lawfully. Typically, this means that he or she must have witnessed you violating a traffic law, such as running a red light or stop sign, or he or she must have witnessed you driving erratically.

2. The Field Sobriety Test.

After pulling you over, if the officer thinks that you are driving under the influence of alcohol, he or she may ask that you take a field sobriety test. This is often based on the smell of alcohol or on observations such as slurred speech, confusion, or other indicators of impairment. There are several different field sobriety tests and it is important that you note exactly which test or tests you take during your stop. Some field sobriety tests are scientifically more reliable than others, and therefore more likely to be admissible in court. Some examples of commonly used field sobriety tests include standing on one leg, walking in a line, and touching your finger to your nose. You may also be asked to recite numbers or letters in a specific sequence, such as counting backwards from 100 by 7.

 3. The Chemical Test (Breathalyzer).

If you did not perform well on a field sobriety test, you may be asked to take a breathalyzer test to determine your  blood alcohol concentration. You may request to take another chemical test, however, such as a urine sample or blood draw test (neither of which can be administered on the roadside — unlike a breathalyzer). Generally speaking, you cannot refuse to take one of these tests without incurring penalties, such as a mandatory driver’s license suspension. The reason for this is that in exchange for a license to drive, you have given your implied consent to submit to a chemical test under certain circumstances.

Following these three steps, the police officer may determine that there is probable cause to make an arrest. A police officer may also be able to make an arrest based on other observations he or she may have made during his or her interaction with you during the traffic stop. Your drunk driving attorney will likely want to know as many details about this traffic stop as possible.

Contact Rispoli & Borneo, P.C.

As you can see, the details of your arrest are important and can affect what evidence is admissible against you. More broadly, they can even affect the likelihood of a conviction. Consider reaching out to a qualified and experienced drunk driving attorney Newark residents trust to make sure that your rights are protected. Contact Rispoli & Borneo, P.C. today to  schedule an initial consultation regarding your case and find out what we may be able to do for you.

A bus driver who was part of a fatal crash was not eligible to drive shortly before the accident, as covered by North Jersey.

The tragic crash happened on May 17 in the Town of Mount Olive, New Jersey. A school bus with teachers and students from a Paramus middle school driven by Hudy Muldrow Sr. as part of a field trip was struck by a dump truck as Muldrow attempted to make an illegal U-turn on a median after missing an exit. More than 40 people on the bus were injured, and the crash claimed the lives of 10-year-old Miranda Vargas and Jennifer Williamson-Kennedy, a teacher.

Muldrow was charged with vehicular homicide in connection with the two deaths, and it was revealed at a hearing that he was not cleared to drive for a time before the crash occurred. Documents introduced at the hearing from the state’s department of education show that the superintendent of Paramus schools was told in December that Muldrow was not eligible to drive and that the district was asked to comply with this ineligibility determination.

Records obtained by local news agencies show Muldrow was decertified by the state’s education department in December of 2017. Another letter, dated in December, shows that the superintendent was told Muldrow’s endorsement as a bus driver had been revoked by the state’s motor vehicle agency and that his medical certification was also expired.

It is not known why the agency suspended the bus driver’s endorsement. According to state guidelines, a bus driver can lose his or her endorsement due to a disqualifying medical condition or because of a criminal history. Muldrow did end up renewing his medical certificate at the very end of the year, and he received his endorsement back in January. The district has since said they believed it was his expired medical certification that caused the endorsement suspension, but a letter to Muldrow from the motor vehicle department about the issue did not seem to indicate that.

A closer look at Muldrow’s driving history revealed his license has been suspended a total of 14 times, most recently in December 2017. While six of these suspensions involved unpaid speeding tickets, the bus driver also received eight citations for speeding and had been in trouble for careless driving in the past. Should he be convicted of these charges, he will not be allowed to drive a bus ever again, according to the state’s department of education and its motor vehicle agency.

Many people are now questioning the school district’s failure to confirm why he lost his bus driving license privileges just months before this tragic accident. It does not appear to involve his medical status, but it could be related to the outstanding speeding fines.

Muldrow was initially charged and jailed, but he has since been released. His next appearance in court is scheduled for June.

Bus accidents can have a terrible toll, like the one in Mount Olive. If you’ve been in a bus accident, contact an attorney, like a bus accident lawyer Denver, CO turns to, about your case.

Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into bus accident cases.

Experiencing an injury while at work can be incredibly troublesome. Not only will you be required to take time away from work and wages to recuperate, you may have suffered from an injury that permanently disables you. Even worse, if you are retaliated against in the workplace in the form of a demotion, pay cut or even job loss, you may have experienced employment discrimination. Your next steps may be to contact a workers’ compensation attorney if you believe that you have been retaliated against. They can be helpful in reviewing your case to determine if you can take legal action.

Workers’ Compensation & Employment Discrimination

Workers’ compensation is a benefit that is carried by a majority of employers in the event that an employee is injured at work. When an employee receives workers’ compensation benefits they are provided with:

• A portion of their paycheck while they are out of work
• Job protection during the time that they are out of work
• Coverage for all medical expenses related to the injury (both past and future)

It is important to note that once you agree to workers’ compensation, in most situations you waive your right to file a lawsuit against your employer. You will want to make sure you consult with a workers’ compensation attorney prior to making this agreement with the insurance company. You will want to ensure that you are making the decision that is right for you.

A number of people may not take action if they are injured in the workplace. In some cases, for fear that their employer will retaliate against them in some way. This is considered a form of discrimination and is a direct violation of your rights. Employment discrimination is when a person is treated differently in the workplace because of one or more of the following:

• Age
• Pregnancy
• Retaliation
• Sexual Harassment
• Race
• Ethnicity
• Religion
• Disability

If you believe you have experienced some form of employment discrimination, it may be in your best interest to consult with an attorney.

Retaliation

Retaliation is when an employer takes revenge for an employee filing a complaint or engaging in an activity that they have specific protections around.  Retaliation laws are in place to help provide assurances to employees from experiencing adverse effects related to coming forward for filing complaints of sexual harassment, employment discrimination and workers’ compensation. Retaliation in the workplace can include a variety of things, for example:

• Wrongful Termination
• Harassment
• Job duties becoming for difficult
• Lowered Wages
• Demotions
• Poor performance evaluation

Proper Next Steps for Retaliation Cases

A Brooklyn workers compensation lawyer can ensure that you take the appropriate next steps in a retaliation case. You will need to determine whether or not you would like to take legal action. You will want to gather as much evidence against your employer as possible. More specifically, you will need to prove that your employer retaliated against as a result of your workers’ compensation claim.

It can be frustrating to experience an injury at work to then find that your employer is treating you unfairly as result. It’s hard to figure out how to advocate for yourself and protect yourself from these sorts of infractions. With the assistance of an attorney who is experienced in this area of practice, your interests can remain at the forefront. They can help you manage the complexities of the law and advocate for your interests.  

Thank you to our friends and contributors at Polsky, Shouldice, and Rosen, P.C. for their insight into work related injuries.

Those who have just submitted a workers compensation claim may be wondering what exactly happens next. An employee may fear retaliation from their supervisors for filing such a claim, and may not be sure whether they can see their doctor instead of the work-assigned physician. These are both very legitimate thoughts and concerns. In the article here, we have answered many of the common questions a worker may have about employee injury benefits. Read further for more information about the workers compensation process.

Does workers compensation cover injuries, and illnesses too?

Workers compensation benefits can cover both injuries and illnesses that occurred as a result of the work environment or task. This benefit program was designed in a way where it does not matter who was at fault, the employee is to be financially covered for medical expenses related to the condition. However, there is an exception to this rule. If an employee had self-inflicted the injury, or was under the influence when the accident happened, benefit coverage may be at risk. A worker’s injury claim may be denied if either of these factors contributed to the injury or illness.

What should I do if my supervisor is treating me differently?

It is unlawful for a manager to treat an employee in a negative way after filing a workers compensation claim. This is the reason why many workers are afraid to report a work-related injury, out of concern they may miss out on a promotion, raise or other opportunities. An employee may try to shrug off a work incident even when the injury requires medical attention, out of fear of retaliation. Unfortunately, this untreated injury or illness may worsen over the days or even weeks that follow.

Can I see my own primary doctor about the work injury?

Whether a worker can see their own personal doctor about a work injury depends on the laws for that state. An employee may be able to get a second opinion from their primary doctor after the work-assigned doctor has performed an exam. It can get tricky if both doctors do not agree on the same diagnosis or treatment plan. A work-assigned doctor may be biased and try to save your employer money by minimizing your condition. If this were to happen, a worker may want to speak with a legal professional for advice right away.

When should a worker consider meeting with an attorney?

If for any reason an employee feels that something is suspicious about the way their workers compensation injury claim is being handled, seeking a work injury lawyer Hollywood, FL trusts may be a good idea. It is recommended a worker contacts an attorney if he or she is experiencing any of the following during the workers compensation benefits process:

• The employee was terminated soon after the injury claim was filed
• The employee is experiencing mistreatment from upper management
• The employer is trying to discourage employee from filing injury claim
• The employer did not take proper steps when reporting accident
• The employer did not file the workers compensation paperwork timely
• The employee did not receive a fair amount of benefit coverage for the injury

Thank you to our contributors at Law Offices of Franks, Koenig & Neuwelt for their knowledge about workers compensation law.

Independent contractors are a very important type of worker these days, as a kind of employment classification that is rising in popularity, as an employment lawyer Atlanta, GA trusts can attest. However, it seems sometimes employers take advantage of this classification for their own benefit. Recently, there have been some important developments in New Jersey regarding the classification process, and how employees and employers need to respond.

On May 3, the governor of New Jersey – Phil Murphy – set up the Task Force on Employee Misclassification. The task force’s goal is to – according to the governor – “crack down on” contractors that “engage in 1099 fraud.” The task force is part of a larger set of measures that are designed to protect employees. There are twelve members on the task force from different administrative agencies in New Jersey. The measure’s purpose is to help workers in New Jersey by preventing companies from being able to misclassify them and get away with it.

What is employee misclassification?

Employee misclassification happens when people who are actually “employees” – not “independent contractors” – do not get the valuable benefits they should be getting as workers with employee status. Independent contractors, on the other hand, do not get such benefits. These benefits include: family and medical leave; unemployment insurance; and overtime compensation. Hence, by creating this task force, the governor is saying that he is going to make sure that employers are properly classifying employees, thereby providing these employees with more protections and advocacy.

What is the task force going to do to fight misclassification?

The Executive Order that the governor used to create the task force mandates that the group is to: (1) evaluate misclassification enforcement; (2) develop best practices for generating information around misclassification and efficiently enforcing the law; (3) produce recommendations for compliance; and (4) review the laws that exists.

What are the implications?

Both employees and employers ought to know about this changing landscape in New Jersey. The governor is signaling that he means business when it comes to enforcing the law and developing best practices around misclassification. So, employers should make sure their classification processes are legitimate under New Jersey rules, and employees should make sure that they are receiving all of the benefits they deserve under the law. The governor wants to make sure everyone is on notice of the changes, that the laws around this issue will be enforced, and might make an example out of a non-compliant company.

Thanks to our friends and contributors from Barrett & Farahany, LLP for their insight into job applicant information.

Driving takes concentration, foresight, anticipation of what other driver’s are going to do, and most of all experience. As new drivers, teens need to be super focused on driving and nothing else. Just by virtue of their age and inexperience, teen drivers are four times more likely to be involved in a crash as adults. Driving while distracted is never a good idea for anyone, but as a teen, the consequences, in many cases, can be deadly. The statistics for teens driving under the influence are terrifying. Driving while impaired affects reaction times and judgment, and for teens with little experience behind the wheel, the results are never good.

Teenagers seem to have a feeling of invincibility — nothing can touch them. While that may be a good attribute for facing the challenges of growing up, overconfidence can backfire when getting behind the wheel. Teens need to realize when they are incapable of driving whether they have consumed alcohol or taken any drugs. Statistics about teens and DUIs should be a part of every teen’s driver education course.

Here are some sobering statistics concerning teen drinking and driving.

• Of all the crash fatalities involving anyone under the age of 21, one in four is alcohol related.
• According to a nationwide report, twenty percent of students in high school admitted to getting in a car with a driver who they knew had been drinking alcohol at least one time during the month before.
• Even though teen drivers are not as likely to drink and drive as adults, the chances of being in a crash is considerably higher when they do. This is true even with a lower blood alcohol level.
• Teens should also know that if they are driving after being awake for 18 hours, the effect is similar to a blood alcohol level of 0.08, which is essentially legally intoxicated.
• Every year more than 3000 teens die in drunk driving accidents

What happens if a teen gets caught driving under the influence?

In response to drunk driving deaths and injuries among teens throughout the country, zero tolerance laws were put into place in the 1980s. Zero tolerance means that if a teen is caught driving with any alcohol at all in their system, they are immediately arrested for a DUI.

The second part of the zero tolerance law states that the license of any teen caught driving with any alcohol in their system automatically gets their license revoked or suspended by the DMV.

In addition, the court may impose additional penalties. Since these zero-tolerance policies have been implemented, the death rate for teenage drivers have decreased.

If the blood alcohol content is from 0.05 – 0.07 percent or higher, the teen can be charged with both an underage DUI as well as an adult DUI, increasing the penalties.

Other charges may include minor in possession of alcohol, soliciting alcohol from an adult, giving alcohol to other minors, and child endangerment. The teen that is charged will also now have a misdemeanor on their record and their license can be suspended for two years.

It can get worse than that. Some states impose up to one year of jail time for a teen convicted of DUI. If it is not the first time caught drinking and driving, they will likely face time in jail.  Along with jail will be 3-5 years of probation.

Other consequences of teens convicted of DUIs is that they may not pursue careers in education or pre-law. Finding jobs as a teen may be difficult as they will have to list any prior convictions on job applications.

The severe consequences attached to a minor convicted of a DUI are intended to dissuade teens from drinking and driving in the first place. Be sure to contact a DWI lawyer Salt Lake City, UT families trust if you find yourself in the unfortunate situation of having been caught driving under the influence.

Thank you to our contributors at the law offices of Rasmussen & Miner for the above information.

Getting behind the wheel after having one too many is often a regrettable decision. This is especially the case if you suffer the consequences of this lapse in judgment. Driving while intoxicated could result in obtaining a DUI charge or worse, you could harm yourself or someone else in the event you are in an accident. As a driver on the road, it’s impossible to know for sure whether someone you are sharing the road with may be intoxicated. However, there are some signs you can look for and steps you can take while driving to protect yourself. If you find that you have been charged with a DUI, it’s recommended that you acquire the assistance of a DUI attorney to help you through the legal process.

What do the Police Look For?

Having an idea of what police are assessing when they are pulling someone over can be helpful in a number of ways. For those trying to stay safe on the road and avoid drunk drivers, it can be helpful to have an idea of what to look for when driving. Police are trained and knowledgeable in what to look for in a suspicious driver who may be intoxicated. Here are common things an officer may look for in driver’s who may be under the influence:

• One thing an officer will take into account the time of day they observe someone on the road driving. If it is in the late evening or early morning hours, there is a high probability that the driver on the road may be drunk.
• When an officer suspects someone is drinking and driving, they will look for a reason to pull the driver over. Common infractions could include:
• Broken headlight or taillight
• Speeding
• Swerving
• Running a red light or stop sign
• Expired inspection sticker or registration

Once a driver has been pulled over, the police officer will look for signs that they have been drinking. Common clues of intoxication include:

• Red or bloodshot eyes
• Slurred Speech
• Open Containers
• The Smell of Alcohol

Alternative reasons that could result in being pulled over by law enforcement for a suspected DUI:

• Observing driver’s behavior or erratic driving
• Another driver calls in a report of a suspected drunk driver
• Car accident in which the driver is appears to be impaired

When you are under the influence of drugs or alcohol, your judgment could be impaired. Driving while intoxicated could put not only yourself, but also others at risk for sustaining an injury. Unfortunately, if you get behind the wheel after drinking too much, and ultimately injure another person, you could face consequences far worse than a DUI conviction. No matter the situation surrounding your DUI charge, an attorney can help you face the consequences of your actions head on.

A DUI attorney MD residents trust can help review the details of your specific case to help you determine the appropriate legal steps you should take. With their help, you can have a clear understanding of the process and the consequences you may be required to face if you have obtained a DUI.

Thank you to our contributors at the law firm of Frederick J. Brynn, P.C. for the above insight on intoxicated driving.

One of Agatha Christie’s murder mysteries opens with a fluffy old lady strolling through a new subdivision development.  In the story, the detective passes by one of the two-story homes under construction and spies a young couple standing on the second story of an unfinished house.  The couple is standing on a piece of wood that extends over the edge of the building frame. As the young lady steps forward and loses her balance, the young man steps backwards off the board and the lady nearly falls.  The detective concludes that the young lady would be well served to find herself a new young man. This is also an excellent example of the very inviting atmosphere of subdivision developments under construction – any number of homes going up in any number of cul-de-sacs, all of varying designs and in various stages of finish.  Dirt movers and cranes and dump trucks call to the child in many of us to take a closer look. Couples looking for a family home or retirees looking to downsize are all likely to be driving through and may stop to take a closer look at some particular land feature or lot. And since it is imperative for the builder of the homes to sell the homes, large signs advertising these forthcoming homes and neighborhood amenities are placed very conspicuously and are bright and colorful and inviting as well.

The owners of the property, the developers, and the contractors performing the work should be held to the highest standards when undertaking any construction project.  Most counties and/or cities have permitting requirements before construction projects can be undertaken and those permits frequently set the minimum requirements for safety measures to be used while construction is underway.  Developers and contractors may open themselves up to extensive liability if they fail to meet these minimum requirements. And while the minimum requirements may satisfy some exposure to liability, contractors may have additional liability if they allow unreasonably dangerous conditions to remain accessible to the public.  In the earlier example, a personal injury attorney would look at the permits in place and the conditions of the site at the time of injury. Who left the board extending beyond the frame of the house? Who failed to post the “keep-out” notice, if any such notice was required? Who failed to close and lock the fence around the unfinished project?  And once those questions are answered, others will follow – does the contractor have a history of allowing dangerous work sites. Was the developer or contractor trying to cut corners to increase profits? All of these questions and many others will need to be asked. Liability at a construction site can be difficult to pin down and an attorney experienced in these types of injuries, like a construction accident lawyer Boynton Beach FL relies on, will spend a significant amount of time in determining the activities and events that led to someone being injured as well as the potential liability of each party – from the land owner, to the developer, to the contractor.

Thanks to our friends and contributors from Eric H. Luckman, P.C. for their insight into construction accidents.