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Scott R. Scherr

Scott Scherr’s Answers

3,941 total

  • Apartments and Second Hand Smoke Issue- what can be done

    I live in a apt in Mont County MD. I have lived there for many years, about a year ago they put a renter beside me who smokes. The smoke is so bad it is coming through the walls, the pipes under my kitchen and bath sink, and the cigarette smell ...

    Scott’s Answer

    I agree that having the landlord move you is your best option. Absent that, there are no good options. If the lease does not prohibit smoking, they cannot force her to move. I do not believe that the clause that states the apartment must be safe and free from hazards would be enough.

    Perhaps you can have a polite conversation with your neighbor and ask them to refrain from smoking in their apartment.

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  • My boyfriend was sentenced to 6 months to a year in a county jail can he get time served for being in jail for 5 months.

    My boyfriend got locked up for violation of probation he has been Locked up for 5 months he had six charges that he went to court for and the cases were case that happened a year ago they just brought it back up claiming they had e...

    Scott’s Answer

    He should get credit for the time served at his VOP hearing. He should discuss the issue with his lawyer.

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  • DUI and DWUI with a blood alcohol content of .089 and the officer didn't read me my rights. Do I stand a chance of getting off?

    Last night I was stopped for speeding, doing a 39 in a 30. The officer asked if I was drinking I said the truth and replied with what I had and only 4-5 beers. Which I only had 5 beers and the last one being 10 minute before being pulled over.I wa...

    Scott’s Answer

    The failure to read your rights under Miranda will only keep out statements made by you while in police custody. It will not result in a dismissal of the charges.

    You need an attorney immediately since there are consequences of refusing to take the test at the station. You have a very short time to request a hearing before an administrative law judge or a one year ignition interlock. Your failure to do either will result in a 120 day suspension of your driver's license.

    You also face charges for the DUI which carry 12 points, a year in jail, and a $1,000 fine. An attorney can take steps to protect your license and your liberty. It is possible to keep your record clean with the help of an attorney.

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  • I have a reckless driving charge in Alexandria, VA but I live in Maryland. Do I need a lawyer in VA or MD?

    consequences for "not appearing" will points follow me to MD and will this result in a criminal record (misdemeanor in VA)?

    Scott’s Answer

    You need a Virginia attorney since the offense took place there. Use the Find a Lawyer feature to locate an attorney in the area where you received the ticket. This is a criminal offense so get an attorney so you do not end up with a criminal record.

    The points will not follow you to Maryland, but the conviction will.

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  • Almost swallowed glass fragments from a wine bottle. Need to know if we have a case or not. What if we swallowed the glass?

    Hello, I bought this bottle of wine for my girlfriend, and when she poured the last of it there were some glass fragments in the wine which she almost swallowed (while drinking it she felt something in her mouth and spit it out). I checke...

    Scott’s Answer

    If she was not injured, then she would not have a case. If she was injured, then she would have a products liability case.

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  • So I have been pulled over four times for driving on revoked.....the first time I did not know it was revoked.....each time was

    in a different county...will I go to jail? I have OCD, am 33, a full time student, navy veteran....I was pulled over either leaving an AA meeting or going to or from school...I find it disgusting that my education could be taken away from me.......

    Scott’s Answer

    You are likely to go to jail, but you can take steps to minimize the damage by taking steps to having your license reinstated. Do not drive until you do so. Hire an attorney to defend the charges. Use the Public Defender if you cannot afford a private attorney.

    This is a serious situation that requires counsel.

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  • Can I fight an underage drinking citation when the police let one of the three teens go who admitted drinking with no citation?

    There were four people in the car. We called a friend to pick us up from a party because they began to smoke marijuana and didn't want to be there, our driver had NOT been drinking, he was tested and cleared. The two males in the back seat were te...

    Scott’s Answer

    It is irrelevant that other kids were not charged, but many counties have diversion programs for underage drinking where you do community service and take a class. Upon completion, the charges dropped and can be expunged. Consult with an attorney about your case.

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  • My boyfriend was suppose to complete mandatory weekend jail for 15 weeks. Instead he missed 7 weekends

    They judge is now trying to charge him 7 times with secondary escape.. He is currently doing his sentencing now of 6 months for violating the mandatory weekend/probation. the reason for him being locked up in the first place is because of a theft ...

    Scott’s Answer

    Yes, this can be second degree escape since he failed to report to a place of confinement:

    Subtitle 4 - Harboring, Escape, and Contraband
    Section 9-405 - Escape in the second degree.

    § 9-405. Escape in the second degree.

    (a) Prohibited.-

    (2) A person may not knowingly fail to obey a court order to report to a place of confinement.

    Your boyfriend needs an attorney to defend the charge. If he cannot afford a private attorney, he should contact the Public Defender.

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  • What documents do I need to change my licence address with the MVA?

    That's it.Thank you.

    Scott’s Answer

    Here is some basic information on address changes:

    The form to change your address is here:

    Good luck!

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  • I bought a new car. The check engine light was on

    I purchased the car and the check engine light was on. The salesman told me it was just an RRT update ( update to the radio). He told me to bring it back the next day and get uodated. I contacted him over and over again to get an appointment. ...

    Scott’s Answer

    Under certain circumstances, you can make a Lemon Law claim. The law is very specific with regard to the requirements.

    You can read about the lemon law here:

    Your repairs are of course covered by your warranty and you should be entitled to a loaner vehicle while your car is in the shop.

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