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Articles Posted in Legislation

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MVA v. Styslinger – if you refuse you can be suspended – even if you weren’t driving

The Court of Appeals recently held that even though implied consent to blow is only given by persons who drive or attempt to drive, it is sufficient to suspend a driver’s license or privilege to drive if the officer  merely has “reasonable grounds to believe” the person was driving. The…

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Congress, please stop this insanity before it is too late!

This is not and will never be normal.  Trump’s continued lying and fabrications are the product of a deeply disturbed mind. Congress, we cannot continue like this for four years and you know it. • Refugees coming from Mexico are not likely to be criminals and rapists. • Refugees from…

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Can a delusional belief be a rational basis?: the constitutionality of decision-making in the Trumpian post-truth, alternative fact, fake news age and the dangers of policies based on untruths            

Sometimes courts must decide cases where a question is raised as to whether the exercise of governmental power violates the rights of a person or a class of persons.  Courts use different tests, different levels of scrutiny, to determine the legality of governmental actions and whether the government is denying…

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The Supreme Court considers whether breath tests require a search warrant

Today the Supreme Court heard oral argument in the cases of Birchfield v. North Dakota, 136 S.Ct. 614 (2015); Bernard v. Minnesota, 136 S.Ct. 615 (2015); and Beylund v. Levi, 136 S.Ct. 614 (2015). Leonard R. Stamm, along with Donald Ramsell and Jeff Green, co-authored an amicus brief filed on behalf…

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Senate and House Compromise on Noah’s Law: Ignition Interlocks NOT Required on All First Offenders

If you have been following the news lately you have heard that Maryland has joined the states that require interlocks in all DUI cases, even for first offenders blowing under 0.15.  For example, see Md. lawmaker: Slain officer Noah Leotta ‘is still on the job’ in the Washington Post.  However a…

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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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