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DC Breathalyzer Results Questioned

The Washington Post posted an article this week revealing what many defense attorneys already know: the results of breath tests are not always completely accurate. These tiny machines used to potentially send someone to jail can be misread, miscalibrated, and simply dysfunctional.

According to the report, the Washington DC police department had recently pulled several breathalyzer machines. Police Chief Cathy L. Lanier is quoted as saying “It’s good that we caught it ourselves and pulled these machines immediately.”

The issue in this case seems to be with calibration of the machines. Slight changes within the machines can be all that’s necessary to send someone over the legal limit of .08%. The report suggests that at one time, the department was functioning with 8 out of 10 of their breathalyzers on a defective status.

The Metropolitan Police Department along with the city’s Attorney General’s office are investigating and are said to be issuing a report sometime in coming weeks.

Regardless of where you are, within the metro or in outlying burbs, breathalyzers used in DUI arrests and convictions are far from reliable. Whether police departments recognize it or not, the potential for error is great. Across the country these tools, however, continue to be used often as the main source of evidence in a DUI case.

When arrested for a DUI charge it is crucial you speak with an attorney knowledgeable of the workings of these machines. If the District of Colombia has charged you with a DUI and your breath test results are a big factor in your case, this specific incident in the city could potentially help your case.

Even a first time DUI charge in DC carries up to 90 days in jail. Losing your license for 6 months can be devastating and cause far reaching effects on your family life and your employment.
If you are facing charges of DUI in DC or Maryland, I can help. Contact me today for a consultation on your case.

Maryland Considers Banning Facebook/Text Harassment

Two bills before the Maryland legislature seek to expand the legal definitions of “harassment”. As technology evolves, so must the laws and as they stand harassment laws only cover telephone harassment and email.

According to the Washington Examiner, bullying someone via text or on social networking sites like Facebook could soon be against the law. There have been several reports in the media lately about such harassment, supposedly making these laws necessary.

Email was added to the harassment laws back in 1998. According to the statute, however, it only applies to messages sent from one person’s IP address to another’s, which just doesn’t fit posting on networks like Twitter, Facebook, or MySpace. Electronic harassment, if the legislation passes, would be applicable to all of these and also contain working banning harassment via text messages.

The penalty for these offenses would also be boosted, punishing it similarly to telephone harassment with a maximum sentence of 3 years in prison and $5,000 in fines.

Like stalking, harassment charges typically happen between two people who know each other. While recent examples in the media have involved high school students, harassment among adults is still quite common.

Oftentimes, the person accused of harassment doesn’t even realize that what they were doing could be considered a criminal offense. Unfortunately, however, ignorance of the law is not a justifiable legal defense.

If you are facing charges of harassment I can help. When accused of putting someone in fear, threatening them, or even stalking them, you can feel like the whole system is set up against you. This is where having an aggressive defense lawyer comes in handy.

Contact me today for a consultation on a Maryland criminal charge.

Ignition Interlock Device Laws Debated

Proposed new legislation to require ignition interlock devices for anyone convicted of a first time DUI charge in Maryland got a boost, when Governor O'Malley went on record supporting such a measure, stating he would sign the bill.

The bill passed the State Senate last year, but was stalled by the House Judiciary Committee. The chairman of that committee is known to be a criminal defense attorney who is skeptical of these measures, but there is good reason to question whether this legislation would go too far in punishing average citizens.

An ignition interlock device is a system that requires a driver to blow into a device and prove that they don't have any alcohol on their breath before the car's ignition will start. The device

Restaurant and bar industry advocates suggest that it is unfair to tag someone who makes a one-time mistake, barely over the legal limit of .08%BAC with the same penalty as someone with a history of alcohol abuse, who may be driving several times over the limit for alcohol impairment. A law like this takes away judicial discretion to make a distinction between these two types of cases, and would require an interlock device to be installed for any 1st offense DUI. Current law makes these devices available at a judge's discretion, or in cases where a defendant may choose a shorter license suspension in exchange for one of these devices.

The new law would require the devices for anyone facing DUI penalties, even if they are given a Probation Before Judgment, or PBJ, which is not considered the same as a conviction by Maryland DUI laws.

Former County Prosecutor Facing Carjacking and Armed Robbery Charges

Isaiah Dixon III, a former Baltimore County Prosecutor is being held on charges of carjacking and armed robbery. According to the Baltimore Sun, at last check, Dixon was being held at the Baltimore County Detention Center, in what is an unexpected view for him, from the other side of the bars.

Dixon is accused of taking a 2009 Honda Accord from its 31 year old female owner earlier in the week. The robbery happened on Smith Avenue outside of Shoppers Food & Pharmacy. Dixon allegedly used a knife and threatened the woman, who handed over her keys. When Dixon was pulled over later in the day on Belle Avenue, he ran from the car but was apprehended and arrested.

This isn’t Dixon’s first run in with the law. As a matter of fact, proceedings to remove him from the bar are currently underway. Dixon, who practices out of Towson, is said to have taken on new clients as late as July of last year, even after he was notified of the complaints against him.
Thos complaints originate with Dixon’s past drug issues and this current incident causes one to wonder if those issues are, in fact, in the past.

A drug problem can cause people to do things completely out of character. A once highly respected professional man can turn down a path of self destruction and crime when addiction is in the picture.

While drugs aren’t a valid defense in the criminal courts, the courts do occasionally provide resources for people who are accused of crimes related to drug addiction. This is especially true for cases involving possession of a controlled substances or possession of marijuana.

If you find yourself facing criminal charges and aren’t sure what options you have, a consultation with a defense attorney is in order. Together we can take a look at your case and determine the best course of action.

Whether you are up against charges of drug possession or even theft, misdemeanor or felony charges, I may be able to help. Call me today for a consultation.

Holiday DUI Checkpoints in Maryland

Over the holidays people tend to drink alcohol a bit more freely. The police are well aware of this upswing in drunk driving incidences and often set up checkpoints or saturation points to stop DUI offenders in their tracks. In Hartford County, these checkpoints are being credited with 4 arrests over a 2 day period.

Checkpoints are set up in random areas across the state where law enforcement agencies come together to prevent drunk driving tragedies. State Troopers and local police often work together to make operations like this run as smoothly as possible.

According to the Baltimore Sun, a two day saturation patrol ended in more than 100 warnings and citations in addition to the 4 DUI arrests. They also state two arrests were made unrelated to driving while intoxicated.

With holiday parties, football, and friendly gatherings drinking seems to be more common at this time of year. Unfortunately, it seems that there is always a holiday drunk driving tragedy in the news, where an accident claims the life of someone who was traveling home for the holidays or shopping for those last few gifts.

Police and other organizations seek to minimize the occurrences of these Christmastime tragedies by taking preventative measures like the saturation points. By randomly stopping vehicles, they aren’t only taking those drunk drivers off the road, but possibly deterring others from getting behind the wheel in the first place.

But it is certainly questionable whether these is an effective use of police resources, as opposed to regular patrols. A case can be made that stopping every car looking for possible drunk drivers means there are less patrols on the road watching for seriously impaired people weaving across the road.

Regardless, if you are stopped for DUI you are facing some serious consequences. For many people, a single DUI can be a life changing experience. For others, a second and third offense with stricter penalties seems to be the wakeup call required.

No matter how many times you have been before a judge for a DUI, it will still make you nervous and add stress to your life. If you are facing DUI charges in the state of Maryland, you need the assistance of an aggressive defense attorney.

Call me now to discuss the details of your case.

Baltimore Mayor Dixon Guilty of Embezzlement The mayor faced 5 charges, was acquitted on 3, deadlocked on one, and found guilty of the last. Facing se

The mayor faced 5 charges, was acquitted on 3, deadlocked on one, and found guilty of the last. Facing sentencing for embezzlement, the Mayor’s continued service to the city is now in question.

Many in the community and in local city government believe the Mayor should step down or be forced to leave after being convicted of this misdemeanor charge. It’s not the amount of embezzlement they are concerned about but rather the loss of trust they now have towards Dixon.

The misdemeanor conviction was for using gift cards that were purchased by Developer Patrick Turner for the “children of Baltimore.” They were a charitable donation to the city but were used by Dixon to purchase things for herself and her aides, according to the Baltimore Sun report.

The investigation in this case dates back to March 2006 and involved raids on her home and interviews with people in the Mayor’s close circle. The company that donated the gift cards in question is owned by Dixon’s former boyfriend.

Her defense team argued that Dixon believed the cards were from her boyfriend at the time, Lipscomb, and when they arrived in an unmarked envelope she had no other indication that they weren’t intended for her usage. That argument ultimately failed.

Embezzlement is considered a fraud related white collar crime and is essentially theft from your employer. Because Dixon’s employer is the city of Baltimore and the people as well, it is unclear right now what will become of her job.

As for her sentence, Dixon could face time in prison, though this is not likely. More likely, because of her clean criminal record, Dixon will be sentenced to serve some sort of probation, whether supervised or not.

Being charged with theft or any white collar crime can be humiliating and this case just goes to show it can happen to just about anyone. If you are facing criminal charges in Maryland of this nature and need help, contact me immediately.