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.
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...
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.
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..
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...
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.
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.
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...