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.…
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…
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…
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…
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…
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…
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…
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…
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…
This past Thursday the Maryland Court of Appeals held oral argument in Motor Vehicle Administration v. Deering. John K. Phoebus of Salisbury, Maryland argued on behalf of Ms. Deering that Deering’s license should not have been suspended when the police officer would not let her call her lawyer before deciding…