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April 26, 2023

New problems with breath test operators in Maryland after October 1, 2022

It has recently come to our attention that the approval required for breath test operators in Maryland changed with the below statute, Courts and Judicial Proceedings Article, § 10-304, effective on October 1, 2022.

“Qualified person” means a person who has received training in the use of the equipment in a training program approved by the toxicologist in the Department of State Police Forensic Sciences Division and who is either a police officer, a police employee, or a person authorized by the toxicologist in the Department of State Police Forensic Sciences Division.

Only a “qualified person” is allowed to conduct a breathalyzer test in Maryland.

November 14, 2022

Americans vote out fascists – for now

by Goldstein & Stamm, P.A.

I am relieved. I think that’s the right word. Make no mistake a fascist minority attempted to take over our country. Should I list the most outrageous things that were either said by Trump or Maga Republicans, overtly proposed or covertly suggested, and not condemned, that were rejected in the most recent election:

No – Obama was not born in Kenya
The Muslim ban was beyond offensive to American values

September 28, 2022

Alcohol kills

by Goldstein & Stamm, P.A.

I lost another client three weeks ago. Not even 60 years old. Perhaps I should have anticipated this. The signs were there. He had two accidents within a few years and very high BACs. I mean VERY high. But I believed him when he told me he had been in rehab for 28 days and sober for over a year. When I saw him in court this spring he seemed sober. I never noticed any indication if he was still drinking. Yet when he went to jail for a week his ex-wife called me to say she had been receiving bizarre texts from him in the jail. But when I called the jail they said he had been released. He apparently ended up in the hospital. Did he end up in the hospital because he went into withdrawal in the jail? He denied that when I last saw him in July. He minimized what I had heard from his ex-wife and convinced me everything was fine. It wasn’t. I think he just wanted the government to leave him alone. Three weeks ago I found out he died in a fall.

While the vast majority of DUIs do not involve people as sick as my client apparently was, I recommend an appropriate level of education/treatment for all my clients. If you can’t stop drinking – get help.

June 26, 2022

My thoughts on Dobbs v. Jackson Women’s Health

by Goldstein & Stamm, P.A.

Here are a few thoughts on our future after Dobbs.

1. I have always viewed Roe v. Wade as a compromise – an attempt to settle the dispute between those who favor and oppose choice. It was the middle position, giving preference to choice during the first trimester, and against choice in the third trimester, and balancing the interests during the second trimester. This was later adjusted to viability in Casey and requiring laws not to impose an “undue burden” on choice before that point. Dobbs says a prohibition of abortion survives because there is a rational basis for the legislature to believe the ban supports legitimate state interests. Here are some options for restoring the Roe/Casey compromise.

2. Pass the Equal Rights Amendment. This would allow an end run around Dobbs, recognizing women’s rights, and require the use of the much tougher strict scrutiny test. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest.

June 24, 2021

Finding and correcting record mistakes at the MVA and court

by Goldstein & Stamm, P.A.

While representing people accused of driving offenses, it is come to our attention that occasionally the records the police rely on while apprehending suspects contain some pretty serious errors that can result in prejudice to the driver. Here are a few examples.

One of our clients was recently charged with driving on a suspended license. A review of the driving record showed that his license had been suspended for 270 days, but for some unknown reason the suspension remained on his record for more than 270 days. The MVA should have noted the withdrawal of the suspension on the driving record. However it did not, and when the driver was stopped on the 274th day, the officer charged him, among other charges, with driving while suspended. This can be a pretty serious charge, if the defendant has previously been found guilty of this offense. It also creates potential immigration issues. Upon calling the MVA, they corrected the record, and it can now be proven using a certified copy of that record that he is not guilty of driving while license suspended.

Another client moved to Florida and obtained a Florida driver’s license. He turned in his Maryland driver’s license. But the MVA did not record this. When visiting Maryland, he received a charge of driving in violation of a license restriction because all Marylanders under 21 have an alcohol restriction on their driver’s license. As a result his license was suspended for one year. However, as a Florida licensee, he should not have been suspended or charged. After contacting the MVA, they searched for and confirmed that the Maryland license had indeed been surrendered and removed the suspension.

April 11, 2021

Maryland Police Accountability Act of 2021 – Governor Hogan’s veto overridden

by Goldstein & Stamm, P.A.

Last week both houses of the Maryland legislature overrode Governor Hogan’s veto and passed the Maryland Police Accountability Act of 2001.

The Act will improve the criminal justice system in Maryland a number of ways:

Set stricter standards for use of force by police;

November 11, 2020

November 11, 2020 Veterans Day

by Goldstein & Stamm, P.A.

On this Veteran’s Day we pay tribute to the over 17 million veterans in the US today. These are men and women who have personally sacrificed to preserve our freedoms, and the great experiment in republican democracy that has survived for over 225 years since the adoption of the US Constitution in 1788. The genius of the US Constitution is the separation of powers between three branches of government, and between the federal government and the states. With the addition of the Bill of Rights, we are very fortunate to have a representative government, that respects individual liberties.

Our firm is sensitive to the needs of veterans with links to websites that cater to veterans’ needs. https://www.lstamm.com/veteran-s-resources.html

In recognition of the sacrifices made by veterans, our firm offers reduced fees to many veterans seeking representation for a traffic or criminal matter.

September 21, 2020

In Memory of Justice Ruth Bader Ginsburg

by Goldstein & Stamm, P.A.

As you all know by now Justice Ruth Bader Ginsburg passed away Friday night on erev (the evening of) Rosh Hashanah (the Jewish New Year). According to Jewish tradition, a person who passes on Rosh Hashanah is considered a “tzadik” – a revered person. The “Notorious RBG” as she came to be nicknamed is certainly that.

She went to Harvard Law School in an era when women were far from accepted in the legal profession. After transferring to Columbia Law School she graduated first in her class, yet found few job offers for a woman lawyer. Yet she never gave up fighting for women’s rights, and the rights of all of us, arguing six cases before the Supreme Court, and famously saying “I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks.”

She eventually landed a seat on the United States Supreme Court. In her 27 years as a justice, was a powerful voice in such opinions as United States v. Virginia (1996)(striking down VMI’s male-only admissions policy); Olmstead v. L.C. (1999)(individuals with mental disabilities have the right to community-based housing); Bullcoming v. New Mexico (2011)(holding that chemists in DUI cases must be produced by the State for cross-examination in DUI cases), and many others. She also wrote powerful dissents in Bush v. Gore (2000); Ledbetter v. Goodyear Tire & Rubber Co. (2007)(where her dissent led to the Lilly Ledbetter Act – guaranteeing women equal pay) and many others.

September 4, 2019

It was 35 years ago today . . .

by Goldstein & Stamm, P.A.

On this day 35 years ago, September 4, 1984, I began the practice of law. I walked into court with my mentor and friend, the late great Alan Goldstein, to watch him litigate motions in a conspiracy to commit murder case. I had just returned from my honeymoon in Greece the day before. And while I was in that jet-lagged state, Alan introduced me.

Your honor, I would like to introduce Mr. Leonard Stamm. You have known him as he clerked across the hall last year. Now he is my associate. And he is going to argue today’s motions.

With that, Alan sat down. And he, and the judge, and the prosecutor looked at me and said “Get up!” I, of course, was completely unprepared, and shocked. They all looked at me and again said “Get up” again. As I slowly started to stand up, they all started laughing. And with that began my practice of law.

September 29, 2018

The Kavanaugh Supreme Court nomination and alcoholism – he should have been asked the MAST test questions

by Goldstein & Stamm, P.A.

On Thursday, the nation was transfixed as the Senate Judiciary Committee heard testimony from Dr. Christine Blasey Ford and Brett Kavanaugh. Kavanaugh has been accused of sexual assault by Ford and a number of other females when they were in high school and college. All of the complaints say that Kavanaugh was extremely inebriated at the time. However, when Kavanaugh was asked about his drinking habits he became very defensive and refused to answer the questions, although he did admit to on occasion drinking too much and liking beer. At all costs, he had to deny his alcoholism, if he suffered from it, because that would lead to questions of whether he drank to the extent of experiencing blackouts, a symptom of heavy drinking, where the person has no memory of their conduct while drunk. If he experienced blackouts, then his denials would be much less credible. Although the senators’ questions for the most part avoided touching on his alcoholism, it appears evident that his alcoholism or lack is central to the case.

In drunk driving cases, all clients represented by attorney Leonard Stamm are referred to a program approved by the Maryland Department of Health and Mental Hygiene to determine if the client has a drinking problem and to receive an appropriate level of education and treatment. A directory of programs nationwide can be found here.

Clients are assessed to determine if they have a drinking problem using a number of psychological screening tests. The most well known is probably the Michigan Alcohol Screening Test also known as the MAST test. Clients are give a score based on their answers. A higher score indicates a likely drinking problem. Other tests include the Alcohol Use Disorders Test or AUDIT test.