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Bruce Michael Robinson
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Bruce Robinson’s Answers

39 total

  • Was it legal for a policeman to make me unbutton my shirt and bra during a dwi stop?

    I was stopped for running a red light

    Bruce’s Answer

    In a word, absolutely not!

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  • I got a dui/dwi last subday june 16, 2011. i wasnt asked to take a breathalyzer but was made to sign a paper stating i refused?

    what should i do if i was never offered a breathalyzer?

    Bruce’s Answer

    This is often a sticky issue which must be addressed ASAP because the state is indicating that you refused to blow which has severe consequences on your Maryland license. Conversely, if you were not asked to blow, or if you were not properly advised about your rights prior to blowing then you may have a good defense which could result in your keeping your license. It is important that you act on this ASAP however, because you have 10 days to pay for and request and MVA hearing which costs $125.00. If your request is not timely filed, you may not get a hearing at all, or you may lose your license to drive pending a hearing. All this may be avoidable if you secure competent DUI counsel to assist you in this matter.

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  • I got a dui/dwi last subday june 16, 2011. i wasnt asked to take a breathalyzer but was made to sign a paper stating i refused?

    what should i do if i was never offered a breathalyzer?

    Bruce’s Answer

    This is often a sticky issue which must be addressed ASAP because the state is indicating that you refused to blow which has severe consequences on your Maryland license. Conversely, if you were not asked to blow, or if you were not properly advised about your rights prior to blowing then you may have a good defense which could result in your keeping your license. It is important that you act on this ASAP however, because you have 10 days to pay for and request and MVA hearing which costs $125.00. If your request is not timely filed, you may not get a hearing at all, or you may lose your license to drive pending a hearing. All this may be avoidable if you secure competent DUI counsel to assist you in this matter.

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  • I hit a taxi driving in the bus lane and blew a .07. Can the fact that he was in a bus lane help me out?

    I left the bar at 1:45AM. Me and 2 friends bought some food and then went to the beach to sober up before driving home. We hung out for 2 hours and ended up swimming in the ocean for about 10 minutes before leaving. At 4:00AM i got in my car t...

    Bruce’s Answer

    Essentially, the mechanics of how the accident occurred become less relevant once the police get involved and begin an alcohol investigation. Cop says you reeked of alcohol, which you probably didn't after swimming and waiting a long period of time (and blowing a .07) but hey, that is what cops do right?
    So anyway, now you need to defend the DUI on its own four legs and worry less about the mechanics of how the accident occurred. Hire a Maryland DUI lawyer pronto to protect yourself and your license.

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  • I received a PBJ for a DUI in Federal court the Judge Stated my records will be sealed for the concerning suspension of my

    drivers license, providing I complete the probation period all tasks involved. I received a letter that stated that my drivers license is being suspended by the state of Maryland. Could this be a mistake or did the magistrate court go back on it w...

    Bruce’s Answer

    • Selected as best answer

    Generally speaking, a PBJ is not offered in the Federal Court for a DUI. It depends how your ticket was charged. If in fact they used the Maryland law, then a PBJ would be possible, but it generally does not go that way. If you are correct, and you actually received a PBJ then the MVA will not take action on that result. Conversely, if you are incorrect, and you did not receive a PBJ but rather a guilty conviction from the Court, then you would have exposure for the guilty conviction. However, Maryland generally does not take action on those convictions.
    Thus, what is probably going on, is that the MVA is taking some action against you as an administrative penalty from the original stop/arrest, which has nothing to do with what happened in Court but rather as a ramification of the stop. Look at the paper carefully, or contact counsel to review it with you. Either way, a hearing can be requested at the MVA to mitigate what they are trying to do. You must request a hearing timely.

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  • I had an accident in MD and received tickets for DUI, DUI Per Se, and Driving While Impaired.

    I had an accident in MD and received tickets for DUI, DUI Per Se, and Driving While Impaired. I submitted to a blood test and have received the results from the state police lab showing 0.00 grams alcohol per 100ml blood. Do I even need an atto...

    Bruce’s Answer

    Yes you need an attorney. Despite the BAC reflecting .00 there can be any number of additional or different charges the Government can come up with, particularly if there was a CDS involved or CDS in your system. But even if that is not the case, you still have a DUI to deal with in addition to any related charges. Thus, seek the benefits of qualified counsel to assist you. The thing is, if you go to court and things don't work out the way you want and you get screwed and therefore have long ranging ramifications to you personally and financially, you will surely wish you hired somebody to help you through this the first time.

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  • Can a DUI be expunged in Maryland? Does the state of MD permit DUI expungements if there is PBJ?

    I know states differ in their requirements for qualifying for an expungement of your record and I want to know if you can get a DUI expunged in Maryland--does the state ever allow it. The court made a decision of PBJ probation before judgement; th...

    Bruce’s Answer

    No, PBJ for DUI means that your DUI cannot be expunged. The statute on same does not permit it and the reason is because the State wants to know if you have had a prior "bite at the apple" in case you happen to get another DUI infraction down the road. Sometimes if a DUI charge is amended to a lesser offense like negligent driving, you may be able to get it expunged, but even that can be tricky.

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  • I got arrested for dui and i never received the letter from the court. Now i have a warrent for my arrest.

    I want to turn myself in. What happens after?

    Bruce’s Answer

    You need to do one of two things: Either turn yourself in and depending on the jurisdiction here in Maryland, you might get out fast, or a better idea is to see an attorney first and let him file a motion which may help you avoid the unpleasantness of being arrested/incarcerated. Again, it depends on the jurisdiction of the arrest as to whether that would be successful. Time is of the essence.

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  • DUI & DWI

    Is a DWI still considered a criminal conviction?

    Bruce’s Answer

    Well, not exactly. The offense of DUI in Maryland is technically not a criminal offense, it is a traffic offense. However, in addition to the points you will receive upon conviction, it does also carry possible jail time. Thus, the distinction is somewhat amorphous. If your question is being asked in terms of a work application asking about criminal convictions, I would still disclose in order to error on the side of full disclosure. These matters can generally be located by employers with minimal effort.

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  • I had a totally clean record. recently i was pulled over, arrested, then not convicted and given a PBJ.

    i am currently on probation in the state of maryland and this all happened in maryland. i just got a reallllly good job offer with a state college. they say on my first day I will be completing just a criminal history background check. on t...

    Bruce’s Answer

    This question comes up quite a bit. My answer is, it is always best to error on the side of honesty and full disclosure. Employers much prefer full disclosure and honesty, that is part of what they are testing for. While you are correct about the fact that a PBJ is not a conviction, you are also correct that they will come across it on the website. Thus, if they are going to come across it on the website, isn't it better to disclose the information yourself and error on the side of full disclosure? Won't they appreciate that candor more then you back peddling later that it was not a conviction and therefore you didn't say anything. The point is, if they are really only concerned about convictions, then they should not care but they should be pleased that you are an honest and upfront candidate.

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