Richard F Kodzis’s Answers

Richard F Kodzis

Millersville DUI / DWI Attorney.

Contributor Level 11
  1. I got my first DUI recently, and I refused to take breathe test at that time. Should I need to hire attorney to defend my case?

    Answered about 2 months ago.

    1. Richard F Kodzis
    2. Scott R. Scherr
    3. Jeffrey B Henry
    4. William Lawrence Welch III
    5. Michael Paul Lemond
    6. ···
    7 lawyer answers

    Yes! I know, I'm an attorney and I say you need one. But, do you know the law? How many have you taken to trial? Can you evaluate whether the officer had probable cause to arrest you? Whether you are likely to get jail or not is only part of the issue. Many times the collateral effects Of a DUI, even with a PBJ can be more severe than the case itself. Yes, you need an attorney.

    10 lawyers agreed with this answer

  2. I was arrested for a DUI but did not have my keys in the car; I also disconnected my battery.

    Answered 3 months ago.

    1. Scott R. Scherr
    2. William Lawrence Welch III
    3. Richard F Kodzis
    4. Jeffrey B Henry
    5. Hillel Traub
    6. ···
    10 lawyer answers

    Both Attorneys Scherr and Welch are correct. Request theMVA hearing and retain an attorney immediately.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. 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 over 2 years ago.

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

    Selected as best answer

  4. Is it legal for a police officer to pull you over for not using a turn signal when passing and then charge you with a DUI?

    Answered 5 months ago.

    1. Jeffrey B Henry
    2. Richard F Kodzis
    3. Leon A Geller
    4. Jason W Cleckner Esq.
    5. William Ray Ford
    6. ···
    8 lawyer answers

    As several other attorneys have already said, almost any traffic charge can be sufficient to justify the original stop. I have told many clients that a minor violation that would be ignored at 1:00 PM can justify a stop a 1:00 AM. That said, there is much more to developing sufficient cause to have a person out of the car and ultimately arrested and charged. Retain a competent DUI attorney immediately. Good luck.

    8 lawyers agreed with this answer

  5. Is it possible for a defendant to request a different assistant state's attorney for a criminal case?

    Answered about 1 month ago.

    1. Steven J. Scheinin
    2. Richard F Kodzis
    3. Scott R. Scherr
    4. William Lawrence Welch III
    5. Jonathan L Katz
    5 lawyer answers

    Attorney Scheinin is correct. You can not change the prosecutor assigned to your case, therefore, choosing the attorney representing you becomes even more important. Many of us have worked with most if not all of the prosecutors in our areas and are aware of their foibles and weaknesses. This is one area where a "local" attorney can be an advantage..

    7 lawyers agreed with this answer

  6. How does the court enforce an abstain from alcohol order while on probation by using a breathalyzer?

    Answered about 2 months ago.

    1. Scott R. Scherr
    2. Stephen Patrick Shepard
    3. Richard F Kodzis
    4. William Lawrence Welch III
    5. Shawn A Gritz
    6. ···
    8 lawyer answers

    Yes, some people are foolish enough to try to beat the system even knowing their next report date. Depending upon how much a person drank, their metabolism and how much time has gone by, it can take longer than many believe to get below the limit which is far below what will trigger a DWI/DUI. Someone trying to game the system may also find themself involved in a minor traffic violation that, while not a DUI, can lead to a breath test that shows they have been drinking. Poor judgement...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can I file motion online to drop warrant

    Answered 6 months ago.

    1. Richard F Kodzis
    2. Scott R. Scherr
    3. Stephen Patrick Shepard
    4. William Lawrence Welch III
    5. Jay Scott Finnecy
    5 lawyer answers

    Unfortunately, no. The Maryland courts do not have yet have electronic filing. Although that will change in the near future, it is not clear how that will work.

    6 lawyers agreed with this answer

  8. What is a preset bail

    Answered 7 months ago.

    1. Richard F Kodzis
    2. Scott R. Scherr
    3. William Lawrence Welch III
    4. Jerome Weldon Matthews Jr
    4 lawyer answers

    When a judge issues a bench warrant, the judge may state what the terms and conditions of the bail are to be. That is a preset bail. Alternatively, a judge may permit the bail to be set by the commissioner after a person is arrested on the warrant.

    6 lawyers agreed with this answer

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

    Answered almost 2 years ago.

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

  10. 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 almost 2 years ago.

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

    1 person marked this answer as helpful

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