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What are Maryland’s open container laws?
Imagine cruising down the scenic roads of Maryland, enjoying the view with friends. Suddenly, you see flashing lights behind you and a sound alerts you to park. Could that unopened beer in your cup holder spell trouble? Maryland’s open container laws are strict, and knowing the rules can save you from hefty fines and legal headaches. Here is what you need to know about open container violations.
What counts as an open container?
In Maryland, an open container is any alcoholic beverage in a bottle, can, or other receptacle that:
- Is open
- It has a broken seal
- Has its contents partially removed
This law applies to both drivers and passengers. You must understand that you do not need to actively drink or open the container to face penalties. Even if it is in the cup holder or on the floor, it could still get you in trouble. According to the Maryland Transportation Code, it is illegal to have an open container of alcohol in the passenger area of a motor vehicle on a highway. This includes the seats and any location within reach of the driver or passengers.
Can Police Search Your Car During A Drug Related Stop?
On Behalf of Henley & Henley, Attorneys at Law | Feb 3, 2025 | Drug Charges
Drug misuse continues to devastate communities across the country. Maryland is no different, prompting increased law enforcement. Maryland police work hard to stop illegal drugs from spreading in our communities.
Traffic stops can help officers catch people carrying drugs on the roads. Whether you have prescription medicine with you or the police wrongly suspect you of drug possession, knowing your rights during these stops can help you ease your anxiety and protect yourself.
When police can legally search your vehicle
Law enforcement needs either your consent or probable cause to search your car. Probable cause means officers must have reasonable evidence suggesting criminal activity. Police might claim probable cause if they:
- Smell marijuana or other drugs on you
- Notice drug paraphernalia in plain view
- Observe shifty or suspicious behavior
- Have a drug-detection dog alert to your vehicle
4 Everyday Actions That Can Land You In Legal Trouble
You might think taking a shortcut through an empty lot or recording a funny conversation is harmless. However, these everyday actions could violate Maryland law without you knowing it. Claiming you didn’t know about a law won’t protect you from criminal charges.
Recording private conversations
Maryland follows two-party consent laws for audio recordings. This means everyone in the conversation needs to agree to being recorded. Recording your neighbor’s loud argument or a workplace discussion without their consent could result in wiretapping felony charges.
Cutting through private property
Taking a quick drive through an empty lot to avoid traffic might save time when you’re running late. However, it may also break the law. Maryland generally considers this action as criminal trespassing unless you or the neighborhood hold easement rights. You may still face penalties and fines even if you didn’t damage the property or mean harm.
Sharing prescription medications
Giving your friend one pill from your prescription might seem helpful. However, Maryland law can potentially consider this as drug distribution. This applies even to legally prescribed medications and could lead to serious criminal charges.
How Many Points Are You Away From Losing Your License?
A few drivers can lose their licenses due to accumulating too many points on their driving record or a specific violation. This can be a driving under the influence (DUI) or driving while intoxicated (DWI). To understand how this happens, knowing how Maryland’s point system works is important.
In a traffic violation conviction in Maryland, the court notifies the Motor Vehicle Administration (MVA), which then adds points to your driving record. The number of points assigned depends on the specific violation. For example, speeding more than 20 mph over a 65 mph speed limit results in 5 points.
Here’s what happens when you accumulate points:
- 3 to 4 points: The MVA sends a warning letter.
- 5 to 7 points: You need to complete a program.
- 8 to 11 points: The MVA sends a notice of suspension.
- 12 or more points: The MVA sends a notice of revocation.
Depending on the nature of the violations and the number of points accumulated, you may face either a suspension or a revocation of your driving privileges.
How Do Maryland's DUI Laws Affect Underage Drivers?
DUI is a serious offense for any Maryland driver. But things get even more complicated if an underaged driver is involved in a DUI case. That’s why it’s essential for young drivers and their parents to know about Maryland’s strict underage DUI laws
What is underage DUI in Maryland?
Maryland sets the legal drinking age at 21 and enforces a zero-tolerance policy for underage drinking and driving. While adults face DUI charges at a 0.08% blood alcohol concentration (BAC), drivers under 21 can receive DUI charges for any detectable amount of alcohol in their system.
These stricter laws aim to prevent alcohol-related accidents among young drivers, who face higher risks on the road.
Long-term effects of underage DUI
An underage DUI conviction can impact a young person’s life well beyond the immediate legal penalties:
- College applications: Many universities consider criminal records during admissions.
- Future jobs: A DUI on record can limit employment opportunities, especially in driving-related fields.
Why You Shouldn't Share Your Prescription Drugs
You notice your friend struggling with back pain—just like you did last month. Your first instinct might be to offer them some of your leftover prescription painkillers. While sharing medication may seem like a kind gesture, this action can carry serious legal consequences.
In Maryland, sharing prescription drugs may qualify as drug distribution, regardless of your intentions.
Legal consequences of sharing prescriptions
Sharing or giving away your prescription drugs can count as a felony, even if you don’t get paid. This can lead to penalties, including:
- Potential jail time of at least five years
- Fines starting at $15,000
- Loss of professional licenses
Take note: these penalties apply whether you share one pill or your entire prescription with someone else. Additionally, you can get your friend in trouble for receiving the medications without a proper prescription.
How prescription sharing impacts your future
Aside from legal troubles, a prescription drug distribution charge affects your life in other ways. Your criminal record could prevent you from renting apartments or securing loans. Medical providers might also hesitate to prescribe necessary medications, fearing potential misuse.
How To Contest Red Light Camera Tickets In Annapolis
Receiving a red light camera ticket in Annapolis can be frustrating, especially if it seems unfair. The city uses automated cameras at specific intersections to enforce traffic laws and improve safety in its historic streets. While generally reliable, errors can occur. Before paying, consider contesting the citation.
Understanding your ticket
Carefully review your ticket, verifying the date, time, location, vehicle description, license plate number, fine amount and payment deadline. Errors in these details can support your case for contesting the ticket.
Steps to contest your ticket
If you believe the citation was issued in error, follow these steps:
- Act quickly and check your ticket for the contest deadline
- Contact the Speed Enforcement Camera Ombudsman for guidance on the dispute process
- Gather evidence such as photos of the intersection, witness statements or vehicle maintenance records if relevant
- Write a clear, concise explanation of why you believe the ticket was issued in error
Drug Charges When And Why Punishments Get Worse In Maryland
A drug charge can seriously affect your life. It’s crucial to avoid drug-related activities altogether. However, if you find yourself in such a situation, certain actions can lead to more severe penalties. Here are example of cases that increase drug charge punishments
- Repeat offenses: The justice system often views repeat offenders more harshly. Courts believe that people with previous offenses should already know better.
- Drug type: Some drugs are seen as more dangerous. These often have harsher penalties.
- Amount: Having more drugs usually leads to worse punishments. Large amounts may suggest you’re selling drugs.
- Location: Offenses near schools or public housing can mean extra penalties. These areas are seen as needing more protection.
- Weapons: Having drugs and weapons together is seen as very dangerous. This often leads to increased punishments.
Are DUI And DWI The Same In Maryland
When it comes to alcohol-related driving offenses in Maryland, the terms DUI and DWI can cause some confusion. There are times when people use these terms interchangeably. However, DUI and DWI have distinct meanings and implications for drivers.
Critical Differences Between DUI and DWI
The key difference between DUI and DWI is that one is a more severe charge than the other. The distinguishing factor is the level of impairment or alcohol content in your system:
- DUI or driving under the influence: A DUI charge applies when a driver’s blood alcohol concentration (BAC) is 0.08% or higher. This indicates a higher level of intoxication. Drivers usually show clear signs of substantial impairment with a 0.08 BAC.
- DWI or driving while impaired: A DWI charge is typically issued when a driver’s BAC is 0.07%. Even if the BAC is below the legal limit, you can still face a DWI if you show obvious signs of impairment.
Is Taking Supplies From Work A Perk Of The Job Or A Crime?
The modern workplace offers employees various amenities, from free coffee to office supplies. Still, where can employees draw the line between acceptable use and theft?
Maryland defines theft as the act of intentionally taking another person’s property with the aim of permanently depriving them of it. While taking a few office supplies may seem harmless, the law considers this act a crime with serious legal repercussions.
The line between workplace perks and theft can be thin
If caught for theft, you could face fines, restitution or even jail time, depending on the value of the items:
- Items valued under $100: Misdemeanor, up to 90 days in jail and a $500 fine.
- Items valued between $100 and $1,500: Misdemeanor, maximum 6 months imprisonment and a $500 fine.
- Items valued over $1,500: Felony, up to 5 years in prison and a $10,000 fine.
Aside from legal consequences, a conviction can impact your current job, future employment prospects and personal life.
Need Help? Hire an Attentive Team to Defend Your Rights
Our law firm has offices in Annapolis and Centreville, and we provide legal services to clients throughout Maryland, including Crofton, Severn, Arnold, Millersville, Glen Burnie, Pasadena, Severna Park, Odenton, and Linthicum Heights.
Results listed are not a guarantee or indication of future case results.
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