Richard F Kodzis’s Answers

Richard F Kodzis

Millersville DUI / DWI Attorney.

Contributor Level 10
  1. If the courts orders you 9 months of DDMP can the department of motor vehicle force you into keeping a device for a year?

    Answered 9 months ago.

    1. Richard F Kodzis
    2. Mark William Oakley
    3. Zev Goldstein
    3 attorney answers

    Yes. What you have encountered, unfortunately, is a bit of the complexity of a DUI. When you opted to put the Ignition Interlock Device (IID) for a one year period, you were doing that subject to the statute that says if a driver refuses the breath test, they are subject to a 120 hard suspension (no driving at all) or one year on the IID by the MVA. That one year can not be shortened without imposing the original 120 day suspension. DDMP is the name for the part of the probation...

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  2. Can I get a DWI expunged from my record based on what I am going to school for ?

    Answered 3 months ago.

    1. Richard F Kodzis
    2. Monty N Yolles
    3. Steven J. Scheinin
    4. Patrick Erney Maher
    4 attorney answers

    Unfortunately, a DUI/DWI in Maryland can not be expunged, even if the outcome results in a PBJ. Occasionally, but VERY rarely a case might not be prosecuted. Realistically, the only way to keep it off your record, assuming it goes forward and isn't not prosecuted for some reason is to beat the matter at trial. Retain an attorney with experience taking DUIs to trial. Good Luck.

    6 lawyers agreed with this answer

  3. I recieved a dwi a couple days ago i have a cdl i also recieved a dwi 17-18 years ago. can i keep my cdl?

    Answered 5 months ago.

    1. Patrick Erney Maher
    2. Richard F Kodzis
    3. William Lawrence Welch III
    3 attorney answers

    Maybe. The final answer depends on many factors - and do not discuss them on this forum as it is neither secure nor restricted from prosecutors. Whether you retain the CDL is very fact specific as to the breath test, the level, were you driving a commercial or private vehicle, etc. Obviously a not guilty is best, other outcomes MAY be ok, but beware. Many attorneys who do not routinely represent and fight DUIs may not be competent in this situation. In the past I have had to unravel the...

    5 lawyers agreed with this answer

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  4. I recieved a DUI/DWI in 2008. I was given a PBJ and on probation for 2 years ending Dec. 2010. Can I have my record expunged?

    Answered 8 months ago.

    1. Richard F Kodzis
    2. Thomas J. Maronick Jr
    3. David Keith Felsen
    3 attorney answers

    Unfortunately, the laws changed several years ago, and as a result, a PBJ for a DUI/DWI in Maryland cannot be expunged, and as I explain on my website, a DUI is forever. Although it is still true that a PBJ is not considered a convictIon under Maryland law, the fact that it can be found on case search ad other public websites makes that an almost useless distinction because if it is found out, an employer or other who cares may not be interested in the correct but legal distinction that...

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  5. Will a disordely conduct in Morgantown, West Virginia a year ago affect my pending DWI case in Maryland?

    Answered 9 months ago.

    1. Richard F Kodzis
    2. Mark William Oakley
    3. William Lawrence Welch III
    4. Monty N Yolles
    4 attorney answers

    Like many things in life, it depends. Where is the DUI charged here? Some courts and counties view the same facts more sternly than others. Are there "bad facts" in either the disorderly (the existence of which the prosecutor here will likely be aware of, but not the specifics behind it), by which lawyers mean was the person charged aggressive, uncooperative, very bad driving, etc. Certainly prior contacts with the criminal justice system are not helpful, but it doesn't necessarily mean...

    5 lawyers agreed with this answer

  6. Will a lawyer be able to get my theft under $100 case dropped so it doesn't go on my record?

    Answered 3 months ago.

    1. George Randolph Rice Jr
    2. Mark William Oakley
    3. Richard F Kodzis
    4. William Lawrence Welch III
    5. Richard Stephen Jaffe
    5 attorney answers

    Whether the attorney will be able to get it dropped or otherwise resolve it in your favor is dependent upon the specific to each case - every case is different. Retain an attorney as soon as possible to give the attorney adequate time to properly prepare your case.

    3 lawyers agreed with this answer

  7. Are the details behind a traffic violation available to the public if it hasn't been to court yet?

    Answered 8 months ago.

    1. Richard F Kodzis
    2. Monty N Yolles
    3. Lawrence Roger Holzman
    4. Frank Benvenuto
    5. Charles K. Kenyon Jr.
    5 attorney answers

    Maybe. If the person was arrested on the violations the police officer would have prepared a "statement of probable cause" which would be available to the public at the courthouse. There may also be a separate police report which might be available from the police. If there was an accident, the accident report would become available. If the traffic violations are "payable" citations, they will show up on the Maryland judiciary case search web site, but the factual allegations supporting...

    3 lawyers agreed with this answer

  8. I was arrested for misdemeanor DWI in Maryland and am leaving the country Sept. 1st for a Master's Program. Will this affect?

    Answered 9 months ago.

    1. Mark William Oakley
    2. Richard F Kodzis
    3. Matthew Baum
    4. Richard Alan Simmons
    4 attorney answers

    I agree with Mr. Oakley's response, but would add that there are countries, Canada being one, that will prohibit entry while one is pending or on probation for what they consider an indictable offense under their law. Canada includes DUI in that. While it may be possible to work around, you need to lawyer up with competent and experienced DUI attorney now.

    3 lawyers agreed with this answer

  9. How do I get my license reinstated after suspension in MD?

    Answered about 1 year ago.

    1. Richard F Kodzis
    2. Adam Sean Cohen
    3. Mark William Oakley
    3 attorney answers

    IF your driving privilege is suspended only for the unpaid citation, you may get the suspension restored by paying the ticket. That will however, give you the points for the citation. A better alternative is to go to the court and post the fine as a "penalty deposit" and request a trial date. That should restore the driving privilege just as fast, but give you the opportunity to go to court and fight the ticket or at least contend for a PBJ if otherwise eligible and possibly avoid the...

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  10. DWI while stationed overseas in the military in 1995. Will this show up on criminal background check?

    Answered 7 months ago.

    1. James Kevin Hayslett
    2. Richard F Kodzis
    3. Mark William Oakley
    3 attorney answers

    This may really be a two part question. I would tend to agree with Attorney Hayslett regarding the driving record, with the (unlikely, but possible) caveat that some few countries, most notably Canada, do share driving information. Even then unlikely to show up at this late date. If the DWI was handled entirely by the military, I don't believe anything will show on a driving record. But, you asked about a background check. If you are dealing with the federal government, and we are...

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