Posted on October 09, 2023 in Drug Charges

Cocaine possession and distribution penalties in Maryland

Cocaine is a Schedule II controlled substance in Maryland, which means lawmakers believe the drug is highly addictive but has some medical uses. Possessing, distributing or trafficking Schedule II controlled substances is punished harshly in the Old Line State, and even offenders who have not been in trouble with the law before can spend years behind bars for possessing small quantities of these drugs.

Cocaine possession penalties in Maryland

Possessing up to 28 grams of a Schedule II controlled substance like cocaine is a misdemeanor offense in Maryland that is punishable by a sentence of up to four years and a fine of up to $25,000. Individuals who are arrested for bringing 28 grams or more of cocaine into Maryland face felony charges that carry a maximum prison sentence of 25 years and a maximum fine of $50,000. Subsequent cocaine offenses are punished even more harshly.

Cocaine distribution penalties in Maryland

Distributing cocaine is always charged as a felony in Maryland, and the penalties for this drug charge are enhanced when offenders sell powder or crack cocaine to minors or near a school. Being convicted of distributing less than 448 grams of powder cocaine or 50 grams of crack cocaine in Maryland will lead to a prison sentence of up to 20 years and a fine of up to $25,000. The maximum custodial sentence for offenders who distribute larger quantities of powder or crack cocaine is 40 years. Subsequent offenses will lead to harsher penalties and mandatory minimum sentences.

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 Posted on September 26, 2023 in Drunk Driving

Boating while intoxicated in Maryland

Boating is a favorite pastime of many Maryland residents during the warmer seasons. While it gives people a sense of freedom and adventure, operating a boat carries responsibility. Like driving drunk, boating while intoxicated poses risks to everyone.

Maryland’s boating laws

Everyone understands that drunk driving is dangerous, but boating under the influence (BUI) is widely misunderstood. However, according to Maryland’s laws, BUI and boating while impaired (BWI) are illegal; you can face charges while operating a boat with alcohol or drugs in your system. Just like when you get into a car to drive, operating a boat with a blood alcohol concentration (BAC) of 0.08% or higher is unlawful.

Boating under the influence or while impaired

Natural Resources Officers ensure that Maryland’s waterways are kept safe and that boaters comply with the law. BUI is classified as a misdemeanor offense and carries certain penalties. For a first offense, a person can face up to one year in prison and a maximum fine of $1,000. A second offense carries up to two years in prison and a fine of up to $2,000 while a third or subsequent offense carries up to three years in prison and a maximum fine of $3,000.

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 Posted on September 12, 2023 in Criminal Defense

Why pretextual stops can be problematic

Maryland police have the right to conduct a traffic stop if they reasonably suspect that a crime may have been committed. For instance, if an officer sees that your car’s lights aren’t on, it is likely sufficient cause to pull your vehicle over. However, in some cases, that might simply be an excuse to fish for more serious offenses.

Pretextual traffic stops

According to the Supreme Court, pretextual traffic stops are legal as long as an officer can articulate the original violation. For example, if an officer says that your car’s tag was expired, it may be used as a pretext to search for guns or drugs in the vehicle. Depending on what an officer finds, you may be taken into custody on a felony charge simply for being close to any contraband found in the car even if it doesn’t belong to you.

The consequences of pretextual stops

Claiming that you legally owned a gun or had the right to possess any drugs found in your car may be a valid criminal defense strategy. However, even if you are cleared of the charges, you will still go through the process of being taken into custody. In addition, you may spend several days, weeks or months in jail as your case makes its way through the legal system. This could result in a serious interruption to your life regardless of the fact that you won’t have a criminal record.

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 Posted on August 25, 2023 in Drug Charges

Prescription drugs can lead to legal issues in Maryland

Prescription drugs can have some of the same effects as illicit drugs, which is why Maryland regulates prescription medications. If law enforcement catches someone without a valid prescription possessing controlled medications, the person with the drugs can face serious penalties.

Carrying a prescription drug

If you are traveling or transporting a prescription drug, you must have paperwork to prove that the medication is legitimately prescribed and in your possession. If you do not have a valid prescription or cannot provide proof of ownership, then law enforcement will most likely consider carrying the drug as possession.

Proof of prescription

Law enforcement can sometimes question the amount of prescription drugs a person has, even if they have a valid prescription. For instance, if your doctor gave you 60 pills to take twice a day and after ten days, you only have 15 left, if you end up in court, the judge may want to know if you sold or abused the rest of the medication. It is important to keep all receipts and proof of payments to support your claim that you used the drugs as prescribed.

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 Posted on August 14, 2023 in Criminal Defense

Commercial drivers and traffic violations

Maryland truck drivers need a commercial driver’s license (CDL) to operate their oversized vehicles legally. A tractor-trailer requires specialized knowledge and skills, so a standard driver’s license doesn’t cut it. These drivers spend a lot of time on the road, which boosts their experience behind the wheel. The extended time driving also puts them at great risk of getting a traffic citation, and a ticket may adversely affect their employment.

Truck drivers and traffic tickets

When a driver commits traffic violations, they can face serious repercussions. Both commercial and non-commercial drivers can face a license suspension in Maryland for committing traffic violations. However, CDL drivers can be held to a higher standard and may face more severe penalties if they commit certain violations. Those who commit serious traffic violations may face 60 or 120-day license suspensions if they rack up a specific number of citations within a certain timeframe.

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 Posted on July 31, 2023 in Drunk Driving

The facts about impaired driving

Maryland law prohibits motorists from operating their vehicles while under the influence of alcohol. You are legally drunk if your blood alcohol content (BAC) is .08% or higher. However, you can be taken into custody for DUI even if you are under the legal limit, and this is because impairment begins after ingesting any amount of alcohol.

Your inhibitions wane

After a single drink, you may feel warm, happy and relaxed, which may increase your risk of speeding or engaging in other unsafe behaviors. Your BAC will be about .02%, and your body will take about an hour to filter the alcohol out of your system. However, suppose you have a limited tolerance to alcohol. In that case, this may be enough to cause issues processing information such as where you are in relation to other cars, people or objects.

Signs of impairment

There are several clues before you enter your vehicle that you may be about to engage in drunk driving. For example, you may have difficulty standing, have bloodshot eyes or are slurring your words. Other signs of impairment may include difficulty completing basic tasks such as finding your car or using your car keys. Ideally, you will car for a ride, walk home or stay where you are until you are sober enough to drive. Establishments may allow you to keep your car in their parking lot overnight as an incentive to not drive while impaired.

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 Posted on July 17, 2023 in Drug Charges

Stiff penalties possible after an arrest for heroin

The laws of Maryland and the federal government recognize no acceptable reason for you to possess heroin. The Drug Enforcement Administration classifies this narcotic as a Schedule I substance highly prone to abuse and lacking medicinal value. This designation motivates the state to treat you harshly. A defendant could also face federal criminal charges after the seizure of a large amount of heroin or evidence that suggests participation in the interstate drug trade.

Drug testing possible

After police arrest a person suspected of heroin possession or involvement in its manufacture or distribution, the criminal justice system collects evidence to support drug charges. Law enforcement will test the confiscated substance to confirm that it is heroin and also test the suspect’s saliva, blood, urine or hair. Clinical detection of heroin in your system counts as possession and could result in criminal prosecution.

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 Posted on June 29, 2023 in Criminal Defense

Top Maryland traffic violations

According to a 2022 Forbes Advisor survey, Maryland drivers are more aggressive than drivers from some other states. The survey ranked Maryland as the seventh state with the most aggressive drivers in the U.S. Here are a few violations that are common among Maryland drivers.

DUI

The National Highway Traffic Safety Administration estimates that drunk driving in the U.S. accounts for about 37 deaths daily. In Maryland, a drunk driving conviction can result in a fine of $1,000 plus one year in jail. A driver with multiple drunk driving traffic violations can face stiffer penalties.

Speeding and speeding tickets

Speeding is a contributor to motor vehicle injuries and deaths. Based on information from The National Safety Council, speeding contributed to 29% of all traffic fatalities in 2021. On average, more than 33 people per day died because of speeding.

Tailgating

Tailgating is a dangerous habit that some drivers develop. It occurs when one driver follows too closely behind another vehicle. If the driver in front suddenly stops, the driver in the back can crash into the vehicle.

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 Posted on June 16, 2023 in Drunk Driving

What happens to pilots arrested for drunk driving?

Sadly, drunk driving occurs quite frequently in the state of Maryland. This is bad for the victims of drunk driving accidents and drivers. Being convicted of this crime can lead to harsh penalties that can affect the rest of your life. Some of these penalties may surprise you. If you are a pilot, you should know how it could negatively affect your flying career.

Penalties for drunk driving in Maryland

First, you should be aware of the usual penalties for drunk driving you are likely to encounter after a conviction in Maryland. This can include:

• up to one year in jail, $1,000 in fines and a six-month license suspension for the first offense
• up to two years in jail, $2,000 in fines and a one-year license suspension for the second offense
• up to 18 months in jail, $5,000 in fines and an 18-month license suspension for the third offense

Penalties for pilots in the state of Maryland

However, if you are a pilot, you could face additional penalties. First, pilots are expected to immediately report a DUI arrest to the FAA. This of course is the Federal Aviation Agency that regulates civilian flight in the United States. While the case is in process, the likely response will be to ground the pilot.

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 Posted on June 02, 2023 in Drunk Driving

A closer look at Maryland’s Ignition Interlock Program

Maryland police officers have many reasons why they pull someone over, including if they suspect someone is driving under the influence of alcohol. Someone who is caught driving while under the influence may be required to drive with an ignition interlock device.

What is an ignition interlock device?

An ignition interlock device is a tool drivers use while actively operating their vehicles. This device contains a breath analyzer that drivers blow into while driving. Then, ignition interlock devices measure a driver’s breath alcohol concentration. These devices also contain a camera to verify a driver’s identity.

Driving with an ignition interlock device

In Maryland, a driver must register a breath alcohol content at or below .025 while using ignition interlock devices. If a driver’s breath alcohol content is over .025, an ignition interlock device stops a vehicle from starting to prevent drunk driving.

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