Checkpoints require set procedures and policies for them to pass constitutional challenges for unreasonable seizures. Your factual scenario may fall into one of the articulated challenges. It will depend on the specific, detailed facts of the case. You need to discuss this matter with an experienced DUI attorney who is familiar with the Supreme Court and Md. Appellate opinions on checkpoints
Defensive driving is not relevant to the charges. You should submit to an alcohol evaluation from a MD certified alcohol treatment program and follow through with their recommendations. Lawyer Up! these can be defensible cases
It depends. You will need an attorney to investigate the prior DUI to differentiate the incident from a MD DUI offense. A prosecutor will default that it is a prior, it will be up to you to show it is not.
Although there are many competent public defenders practicing law in the State of MD, a private attorney will (hopefully) be able to devote more time and have specific expertise in DUI law to determine whether there are any defenses available in your case. This is not a matter to be penny wise and pound foolish. Even a first offender is facing an offense that will always be on their record, as DUI offenses cannot be expunged
This can be a complicated question and it needs additional information prior to providing some guidance. You should privately discuss this matter with an experienced attorney who is familiar with DUI law.
If you are convicted, you will be treated by the court as a second offender. You are also facing issues with the MVA, as they will seek to suspend your driver's license for the breath test reading, and again seek to revoke/suspend your license after the trial if you are found guilty. You should contact an attorney who is well versed in DUI defense immediately
Generally, cases do not get dismissed. Experienced trial lawyers may be able to present factual and legal challenges that may result in a successful outcome at either the criminal trial and/or the administrative hearing. Contact an attorney and discuss the issues in a private meeting. Decide if you are comfortable with the attorney's answers. This could go well for you based on your version of the facts or it could go very poorly for you. Do not delay in contacting an attorney, there are...
You have several issues regarding your driver's license. There is not enough information provided to give an answer, and frankly, you do not want to provide detailed information on a public forum. You need to consult with an experienced DUI attorney. One answer is that you have 30 days to request a hearing, not 45. In addition, you should request the hearing within 10 days. Once again, speak with an attorney ASAP
The points will count against you. Points are calculated during any two year period. It does not matter that it was 6 years ago. Are you sure you are only facing 8 points? A DUI conviction would result in the assessment of 12 points on your driving record. You should make sure that your attorney is fully versed in defending DUI cases
Yes, there are cases where a judge takes "no action" against your driving privileges. It depends on the facts of the case. You should contact an attorney who is well versed in DUI defense and MVA cases to review the matter to determine if there are any defenses available