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 5 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 6 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 an officer is let go/discharged from the force are the charges he levied against you still valid in court?

    Answered about 1 month ago.

    1. David J. Preller III
    2. Howard Aaron Brucker
    3. Richard F Kodzis
    4. Scott R. Scherr
    5. William Lawrence Welch III
    6. ···
    7 lawyer answers

    Maybe, but it depends. If let go or discharged means it was for disciplinary reasons, then it is more likely than if they have retired, or say moved to another police agency. If they have had disciplinary issues, especially if related to their honesty or trustworthiness, the it is more likely. Like much or life, "the devil is in the details".

    9 lawyers agreed with this answer

  4. 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

  5. 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 9 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

  6. I'm 20. Got a DUI. I don't want the interlock. How long will my license be suspended?

    Answered 21 days ago.

    1. Richard F Kodzis
    2. Ross Wesley Albers
    3. Mark William Oakley
    4. Scott R. Scherr
    5. William Lawrence Welch III
    6. ···
    7 lawyer answers

    Can't give a definite answer without more information - and don't post it here because this is a public site that anyone can see. In general, if you took a breath test and the result was between .08 and less than .15, MVA will propose a 45 day suspension, that has the potential to be modified to permit limited driving. If .15 or greater then looking at a 90 day suspension. If a test refusal, then looking at a 120 day suspension, that and the greater than .15 suspensions can not be modified...

    7 lawyers agreed with this answer

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

    Answered 5 months 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

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

    Answered 5 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

  9. Can someone explain to me, what this charge means. In other words, is this consider a DUI/DWI or not. Sec 16-113 j.... Thank you

    Answered 3 months ago.

    1. Scott R. Scherr
    2. Richard F Kodzis
    3. Howard Aaron Brucker
    4. Mark William Oakley
    5. Larry Forman
    5 lawyer answers

    As Attorney Scherr has stated, it is a violation of an alcohol restriction. By itself it is not a DUI/DWI. Having said that, it is still a serious matter that could have server consequences on a person's driving privilege. If the restriction was placed on the license as a condition of probation it could also be a violation of that probation.s

    6 lawyers agreed with this answer

  10. Can I file motion online to drop warrant

    Answered 9 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

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