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Articles Posted in Blood testing

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Why every breath test in Maryland should be suppressed

Every breath test in Maryland is subject to suppression.  Every administrative suspension based on a failed breath test should be thrown out.  The reason is – in Maryland there is a potential 60 day enhanced jail penalty for every driver arrested for DUI who refuses to take a breath test.…

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Noah’s Law passes the Maryland House – with amendments

The Maryland House of Delegates took the courageous step of passing Noah’s Law, HB 1342, with substantial amendments.  The amendments make the bill a much more rational and humane way of encouraging sober driving while not unnecessarily punishing social drinkers or putting them out of work. The law deals with…

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The Supreme Court grants cert in three cases – can a refusal to consent to a test of blood or breath for alcohol be made a crime, punishable by jail?

The Supreme Court today granted certiorari in three cases Birchfield v. North Dakota (14-1468); Bernard v. Minnesota (14-1470); and Beylund v. North Dakota (14-1506).  These cases raise the question left open after the Court’s decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013): can a state make the refusal to submit to…

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Hawaii Supreme Court agrees consent to submit to a breath test is invalid where refusing is a crime

The Hawaii Supreme Court announced its decision today in State v. Won.  The court held that where a suspect in a DUI case is told that it is a crime to refuse to submit to an alcohol test, that consent to submit to the test is coerced and invalid because it…

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The Court of Appeals takes a step forward with Norton

The Court of Appeals announced its decision in Norton v. State today.  I was privileged to have been local counsel on the amicus brief filed by the Innocence Network in this case.  The case was a win for Norton, but more importantly, it was a win for all defendants who…

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Reflections on the Fourth (and Fifth) of July, thank you Justices Ginsburg, Sotomayor, Kagan, Kennedy, and yes Justice Scalia

  In this blog, I want to weave a couple of strands of thought together here on the Fourth and Fifth of July, as I complete the 2015 update for the 8th edition of my Maryland DUI Law. As defense lawyers, we are trained to look for the good facts…

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Stamm Testifies Before the Maryland House Judiciary Committee

On March 4, 2015, Leonard Stamm testified in opposition to House Bill 532 which would require officers to tell suspected drunk drivers in a fatal or life threatening injury crash that they are required to submit to an alcohol test. Here is the written version of his testimony: My name…

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Stamm Goes On Al Jazeera News to Discuss Missouri v. McNeely

On last Thursday, June 5, 2014, Leonard Stamm went on Al Jazeera America to discuss last year’s Supreme Court decision in Missouri v. McNeely. He was interviewed by reporter John Henry Smith. JHS: Drivers stopped on suspicion of driving under the influence in Tennessee are sometimes forced to submit to…

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Chipping Away at Our Rights – Deering v. MVA

The Court of Appeals announced its decision today in Deering v. MVA. When a driver is arrested for DUI and asked to take a breath or blood test in Maryland, and the driver’s reasonable request to consult with a lawyer before deciding is denied, the driver may not argue at…

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McNeely Continued – Warrantless Breath Tests Violate the Fourth Amendment

In Missouri v. McNeely, the Supreme Court held: “In those drunk-driving investigations where police officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so.” At first blush, it appeared the main…

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