Baltimore Criminal defense lawyers like Attorney Eric T. Kirk are likely well versed on the Maryland theft statue, an omnibus or catchall provision, covering all manner of nefarious conduct, previously punished as specific common law crimes. The modern theft statute punishes the crimes formerly known as larceny, embezzlement, shop lifting and receiving stolen property.

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Theft in Baltimore, MD: The current law.

“Theft constitutes a single crime embracing the former separate crimes of larceny, larceny by trick, larceny after trust, embezzlement, false pretenses, shoplifting and receiving stolen property.” Ogburn v. State 526 A.2d 614. “In Maryland, the common law crime of larceny was traditionally defined as “the intentional taking, without legal warrant, of the personal property of another with the unlawful intention to deprive the owner of such property.”  (citation and internal quotation marks omitted). In Maryland the General Assembly  consolidated a number of theft-related offenses … into a single newly created statutory offense known as theft. The General Assembly expanded the common law definition of “property” to include, among other things, “real estate” and “things growing on or affixed to, or found on land, or part of or affixed to any building [.] That definition remains in force today.” Id “The theft statute distinguishes between “personal property” and “property”. The modern consolidated theft statute does not distinguish, however, between “movable” and “immovable” property. In addition, the modern consolidated theft statute does not require asportation of property. Hobby v. State, 436 Md. 526. 

Theft v. Baltimore Larceny: The Key Differences

Theft under Maryland Code § 7-104 significantly differs from common law larceny by its broader scope and modernized consolidation of various property crimes. Common law larceny traditionally required the unlawful taking and carrying away of personal property belonging to another, with the intent to permanently deprive the owner of it. This definition was narrow, as it excluded acts like embezzlement, obtaining property through false pretenses, and theft of intangible items. In contrast, Maryland’s theft statute under § 7-104 integrates and expands the definition of theft to encompass multiple criminal behaviors. This includes larceny, embezzlement, obtaining property by deception, possession of stolen property, and unauthorized control over another’s property. The statute eliminates the strict common law requirement of asportation (physical carrying away). It also includes theft of services and intangible assets, reflecting the complexities of modern commerce. Another key difference is that Maryland law allows aggregation of theft amounts over a specified period to determine the severity of the offense, potentially elevating misdemeanor theft to felony theft based on cumulative value. This is not a feature of common law larceny.

There are a multitude of commonsense reasons why a rental may be late. It seems obvious that additional charges, or penalties, may be imposed [and debated]. But, “Can I Get In Trouble For Not Taking My Rental Car Back On Time?”  Criminal defense lawyers in Baltimore, MD have likely seen the late return of a rental treated as a crime- the theft of a rental car -and prosecuted as a theft, generally, or motor vehicle theft, specifically. Can I Get In Trouble For Not Taking My Baltimore Rental Car Back On Time? This is a question many renters worry about.

  1. Avoid Late Fees and Additional Charges
  • Rental car companies in Baltimore impose significant late fees for returning vehicles past the agreed time. Even a short delay can result in hourly or even full-day charges.
  • Late returns may also void pre-negotiated discounts or promotional rates, leading to unexpected expenses.
  1. Maintain a Good Customer History
  • Consistently returning rental cars on time helps build a positive rental history with the company, both locally and with national chains outside the Baltimore metro. This could lead to perks like loyalty discounts, upgrades, or leniency in future bookings.
  • Late returns might mark your account as unreliable, limiting future rental opportunities.
  1. Prevent Scheduling Disruptions
  • Rental companies rely on precise scheduling to ensure availability for other customers. A late return could disrupt another customer’s plans, especially in high-demand cities like Baltimore. Can I Get In Trouble For Not Taking My Baltimore Rental Car Back On Time? Ensuring timely returns aids in smooth scheduling.
  • Returning on time supports a smooth operational flow and better customer service for everyone.
  1. Avoid Insurance Complications
  • Rental agreements often stipulate that insurance or liability coverage only applies within the rental period. A late return could expose you to financial risks in case of accidents or damage after the rental period has technically expired. Can I Get In Trouble For Not Taking My Baltimore Rental Car Back On Time? Understanding your rental contract can prevent such issues.
  • Additionally, unauthorized late returns may breach your contract, creating legal complications.
  1. Respect for Urban Logistics and Traffic
  • Baltimore’s traffic patterns and urban logistics can be challenging, especially near major hubs like BWI Airport or downtown areas. Delayed returns could add to congestion and make your experience unnecessarily stressful.
  • On-time returns ensure that drop-off processes are smooth, saving you time and potential inconvenience.

Avoid a Potential Baltimore Criminal Case

Experienced criminal defense lawyers in Baltimore are aware there is a specific, and in some situations, a more appropriately charged offense – willful neglect to return a vehicle at the end of the rental period.

Section 7-205 – Failure to Return Rental Vehicle

This offense is a misdemeanor, punishable by a $500 fine and up to one year in jail. The statute punishes two types of similar, although not identical conduct.

  • abandonment of the motor vehicle, or
  • a refusal or willful neglect to return

One does not have to have a law degree to have an understanding that “Public”, generally, means anyone can be there. Baltimore’s longest practicing criminal defense attorneys also know the Failure to Leave a Public Building Is Considered Trespassing- or can be. Those seasoned lawyers can also provide guidance on when does the public NOT have a right to be in a public place in Baltimore?

The Most Commonly Trespassed Public Buildings in Baltimore

Baltimore, with its rich history and industrial legacy, is home to numerous abandoned and decaying public buildings that often attract trespassers. These structures, despite their derelict state, offer a glimpse into the city’s past, becoming hotspots for urban explorers, photographers, and even vandals. Among the most commonly trespassed sites are old schools, hospitals, and government facilities, each carrying its own allure and risks.

Abandoned Schools

Baltimore’s school system has seen closures over the years, leaving behind vacant buildings that become targets for trespassers. Structures like the former Eutaw Place School and other shuttered educational facilities are often breached by urban explorers seeking to document the decay. These buildings, with their crumbling classrooms and graffiti-covered walls, evoke a haunting atmosphere that attracts thrill-seekers. However, deteriorating floors and ceilings make these sites extremely dangerous.

Old Hospitals

Defunct medical facilities, such as the abandoned parts of Rosewood Center, are magnets for trespassers. These buildings are often shrouded in mystery and urban legends, drawing curiosity seekers. The eerie ambiance of empty patient rooms and medical equipment left behind makes these sites especially popular among ghost hunters. Yet, the presence of hazardous materials like asbestos and structural instability pose serious health and safety risks.

Historic Industrial Buildings

Baltimore’s industrial past has left a legacy of sprawling warehouses and factories, many of which now stand vacant. Sites like the abandoned American Ice Company building have become hotspots for graffiti artists and urban adventurers. These industrial sites often feature massive interiors with rusted machinery and broken glass, making them both fascinating and hazardous.

Government and Public Service Buildings

Old courthouses, post offices, and fire stations are also frequently trespassed. These buildings often retain remnants of their former operations, offering a glimpse into Baltimore’s civic history. However, their decay, combined with inadequate security measures, makes them vulnerable to unauthorized entry.

Is The Failure to Leave a Public Building Considered Trespassing?

After hours, one must leave a public building if a guard gives that instruction, and the person has no lawful reason to be present. During business hours, a person without lawful business must leave if a guard or government official tells them to, or the person is being disruptive. Knowledgeable criminal defense lawyers in Baltimore like Attorney Eric T. Kirk MD understand that whereas verbal notice to stay off private property need only be give once, and is good for all time. Notice to leave public property is effective for only the occasion in issue. Johnson v. State, 356 MD 498.

Baltimore’s abandoned public buildings may intrigue those with a sense of adventure, but the legal and physical risks should not be underestimated. Efforts to repurpose or secure these sites are ongoing, aiming to preserve history while reducing the hazards of trespassing.Trespassing on these properties is illegal and comes with significant risks. “No Trespassing” signs are prominently displayed on many of these buildings, and violators can face fines or arrest. Moreover, the unstable conditions of these structures pose serious dangers, including falling debris and exposure to toxic substances.

Is It Criminal to Alter A Serial Number in Baltimore MD? There may be a variety of reasons to alter the identifying information on a product.

Is It Criminal to Alter A Serial Number?Having said that, it is difficult to conceive of a valid, lawful reason to do so. The consequences surprise. Many might not be aware, but one faces 18 months in jail for altering serial numbers on products. Now, any good criminal defense attorney Attorney Eric T. Kirk in Baltimore MD knows that there also must be an accompanying criminal intent that the product not be identified. Selling products with removed or altered serial numbers carries the same penalty.[Code, Criminal Law Article, 6-306]. Being charged with a crime is a life-altering experience. The Baltimore city criminal justice process is invariably long, frustrating and anxiety provoking. If you find yourself in the unenviable position of answering the question,  “Is It Criminal to Alter A Serial Number in Baltimore MD?” feel free to contact me.

I extend a no-cost, no-obligation case analysis and in person, confidential conference and strategy session to all prospective clients. If you have been accused of a crime, it is vital that you act quickly to safeguard your freedom. Contact me today. 410 591 2835, or simply complete the online form at the bottom of the page.

For the person on the street guilty of assault, the maximum penalties range from 10 years for second degree to 25 years for first-degree assault. The playing field changes if the perpetrator is already a prisoner. As seasoned Baltimore criminal lawyers well know, Yes, the sentence is  greater if an assault is committed by a prisoner or inmate. Attorney Eric T. Kirk will tell you.

  • A prisoner is not eligible to have any of their sentence suspended.
  • Any sentence for an assault committed by a person while a prisoner must be consecutive the sentence that person is currently serving.

A consecutive sentence is one that is in effect ‘tacked on’ to the end of an existing sentence. People tend to view a concurrent sentence- where a judge has discretion to order that someone served time for different offenses at the same time to be an act of leniency. A concurrent sentence would be correctly viewed as the opposite. The distinction between consecutive and concurrent sentences profoundly affects the punishment’s length and severity. For defendants, understanding this difference is essential, as it can dramatically alter the implications of a conviction. Is the Sentence Higher if an Assault is Committed by a Prisoner or Inmate? Yes, always. One way to look at it? Sentences served concurrently will result in a longer period behind bars than the same sentences served concurrently. Legal representation can play a critical role in advocating for a sentencing structure that balances accountability with fairness.

Baltimore Consecutive vs. Concurrent Sentences: Key Differences Explained

In the Baltimore, MD criminal justice system, when a defendant is convicted of multiple offenses, a judge must decide how to structure the sentences. Two options are consecutive sentences and concurrent sentences. Is the Sentence Higher if an Assault is Committed by a Prisoner or Inmate? Absolutely. The offense committed by an inmate cannot be suspended, in whole or in part, so more time is spent behind bars, and obviously, can significantly impact the total time an individual spends in custody or under supervision. Moreover, such a sentence must be served after the completion of other sentences the inmate or prisoners already serves, clearly extending the stay.

Consecutive Sentences Served in Baltimore

Is the Sentence Higher if an Assault is Committed by a Prisoner or Inmate? Yes. Consecutive sentences are greater, longer or, result in more time in jail or under supervision that sentences which are concurrent. When sentences are served consecutively, they are imposed one after another. This means the defendant must complete the sentence for one conviction before starting the sentence for another. For example, if someone receives two consecutive sentences of five years each, they will serve a total of ten years in prison. Baltimore criminal defense lawyers typically see consecutive sentencing  applied in cases involving serious crimes, multiple victims, or when the court wants to emphasize the severity of the offenses. Consecutive sentences may be used by a Baltimore  judge to ensure that a defendant is held accountable for each individual crime they committed. For example, in cases involving multiple counts of assault or theft, consecutive sentences send a signal that each act is being punished separately. Judges in Baltimore, MD may also be inclined to impose consecutive sentences when the crimes occur at different times or involve distinct incidents.

Baltimore Concurrent Sentences: The Major Difference

On the other hand, concurrent sentences allow multiple sentences to be served simultaneously. In this arrangement, the defendant serves all sentences at the same time, with the longest sentence determining the total duration of imprisonment. For instance, if a person is sentenced to three concurrent terms of three, five, and seven years, they would serve only seven years. Concurrent sentences may be used for related offenses that arise from a single incident or when mitigating circumstances exist. This approach can reflect judicial leniency or recognition that the crimes were interconnected. A secondary concern, it may also reduce the burden on correctional facilities by avoiding excessively long periods of incarceration for offenses considered less severe.

Conclusion

The decision to impose consecutive or concurrent sentences is usually at the judge’s discretion, though Baltimore has mandatory provisions for certain crimes for assaults committed Baltimore area prisoners. Factors influencing this decision include the nature of the offenses, the defendant’s criminal history, and the impact on victims. Effective Baltimore criminal defense lawyers employ, advocate and fight for the possibility of these sentences in plea discussions and sentencing hearings.

It’s probable that any Baltimore attorney who deals in both personal injury and criminal defense cases has argued the distinctions between garden variety negligence, gross negligence [and potentially recklessness] at trial. What is Considered Gross Negligence Under Maryland Law? Nice differences are likely well known to those Baltimore lawyers getting regular 5 star reviews from clients, and those subtle legal niceties are nuanced, but they can greatly effect the outcome of both civil and criminal proceedings in Baltimore.

Difference Between Simple Negligence and Gross Negligence

Gross negligence is different from garden variety negligence. Gross negligence has been defined, in some contexts, as a reckless disregard for the sanctity of human life. The wise law school professor might have said that to understand the differences, you must first understand the elements of each. “The Court of Appeals noted the distinction between simple negligence and gross negligence. The Court explained gross negligence is an intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another, and also implies a thoughtless disregard of the consequences without the exertion of any effort to avoid them.”

Coit v. Nappi, 248 Md. App. 44, 239 A.3d 824 (Md. Ct. Spec. App. 2020)

Legal analysis:

“[A] wrongdoer is guilty of gross negligence or acts wantonly and willfully only when they inflict injury intentionally or is indifferent to the rights of others, that he acts as if such rights do not exist.” Id. Relying on Beall v. Holloway Johnson, 446 Md. 48, 64 (2016).

The cases point to a need for the proponent to show both willful conduct, undertaken wantonly, to amount to gross negligence. But they are not the same. For example: “ The difference between the terms “willful” and “wanton” as follows: Willful misconduct is performed with the actor’s actual knowledge or with what the law deems the equivalent to  actual knowledge of the peril to be apprehended, coupled with a conscious failure to avert injury. By contrast, a wanton act is one performed with reckless indifference to its potential injurious consequences.” Id. Moreover, the term “wanton” generally denotes “conduct that is extremely dangerous and outrageous, in reckless disregard for the rights of others.” Wells v. Polland, 120 Md. App. Internal Citations omitted.

Negligence and Manslaughter By Vehicle in Baltimore

Intoxicants and automobiles are a dangerous, and potentially lethal, combination. A well-known jurist once stated that it is not illegal in this state for an adult to have a beer and drive a car. While that is true, operating under the influence often has to devastating consequences A well versed criminal defense lawyer Attorney Eric T. Kirk in Baltimore, unfortunately, knows there are certain statutory offenses relating to deaths resulting from the operation of vehicles and vessels. Manslaughter by vehicle is one such offense. One who operates a vehicle in a grossly negligent manner where death ensues, commits manslaughter by vehicle, and is subject to 10 years of imprisonment. 

I extend a no-cost, no-obligation case analysis and personal, confidential conference and strategy session to all prospective clients. If you have been accused of a crime, it is vital that you act quickly to safeguard your freedom. Contact me today. 410 591 2835, or simply complete the online form at the bottom of the page.

A seasoned Baltimore criminal defense attorney knows that rape in the second degree, as charged here in Baltimore, like all criminal charges, has very specific elements. Skilled Baltimore lawyers representing those charged with crime also know that if God is not in the details, an acquittal may be. The State’s inability to prove a key aspect of the case can potentially be exploited. How Does Maryland Law Define Second Degree Rape? The crime of second degree rape, as commonly prosecuted in Baltimore involves forcible, nonconsensual vaginal intercourse with mentally or physically incapacitated victims, or with victims of a certain age.

Read the Law: Criminal Law Section 3-304 – Rape in the Second Degree

Key Differences in Baltimore Criminal Offenses: First Degree Rape v. Second Degree Rape

Use of Weapons or Infliction of Serious Injury:

First-degree rape involves additional aggravating factors, such as the use or display of a dangerous weapon, inflicting serious physical injury, suffocation, strangulation, disfigurement, or threats of such actions.

Accomplice Involvement:

First-degree rape includes situations where the perpetrator is aided by one or more accomplices during the commission of the crime.

Concurrent Burglary:

Committing rape in conjunction with a first, second, or third-degree burglary elevates the offense to first-degree rape.

Age of the Victim and Perpetrator:

Both degrees address cases involving minors. Second-degree rape applies when the victim is under 14 years old, and the perpetrator is at least four years older. First-degree rape includes cases where the victim is under 13 years old, and the perpetrator is 18 or older.

Penalties:

First-degree rape carries a more severe penalty, with potential life imprisonment or life without parole under certain circumstances. Second-degree rape is punishable by up to 20 years in prison, with mandatory minimum sentences in specific cases.

As with any criminal charge, the precise and specific language maters. If the State cannot prove each of the elements of the offense, beyond a reasonable doubt, they can not convict. How Does Maryland Law Define Second Degree Rape? The answer to that question can mean years to a defendant. Seasoned Baltimore criminal defense lawyers know that if the State of Maryland feels they cannot convict on the greater, they will certainly seek a conviction on the lesser. As Daniel Penny has learned, that strategy does no always play out.

 Obviously the degree of offense matters to the defendant, and of course the victim. Curiously, however, the penalties for a Baltimore Second degree rape conviction are actually less than with first-degree rape, even though some would convincingly argue the conduct equally reprehensible as that involved in a first-degree rape. If the State has brought charges against you: Call me. 410 591 2835, or fill out the contact template at the bottom of the page. The most important thing you can do at this point is act quickly, and effectively, to protect your interests.

This notion comes up frequently during the course of consultations with prospective clients that have been charged with a crime. As a technical matter, no one ever has to prove they are innocent. Everyone who has attended a 3rd-grade level civics course knows of the time-honored, constitutional mandate: “presumed innocent until proven guilty”. The prosecuting authority, in Baltimore, the office if the State’s Attorney, of course, has the duty and obligation to prove guilt beyond a reasonable doubt in every criminal case. If they cannot meet that standard of proof, the defendant must be acquitted. As Attorney Eric T. Kirk will tell you.

Without question, any individual who has not committed the offense with which they are charged should absolutely produce all photographic, documentary, alibi or scientific evidence that would tend to exonerate them immediately to the prosecutor or police, even before charges are filed.  Any good criminal defense attorney will throw his or her efforts wholeheartedly into that process.

Unfortunately, in most cases that level of exculpatory evidence simply doesn’t exist.

Again, as a precise, technical matter, it is not, under our system of criminal justice, and never will be, a question of whether or not someone can prove they are innocent. Rather, the only question is whether the State can prove that they are guilty. As a less esoteric, semantic, and more practical matter, however, the notion of proving innocence presents a fundamental problem.

You Are Charged With A Crime. How Can You Prove That You Are Innocent?

Perhaps the most well-known example of proving innocence is found on TV in shows like Perry Mason or Matlock where it’s dramatically revealed at the conclusion of the show that another person was the real perpetrator of the crime. It should be immediately apparent that since the best-known example of something occurs in a fictional world, it doesn’t happen in real life- at least not very often. In our Perry Mason1 scenario, the wrongfully accused innocent person has indeed proven their innocence. The essential problem with proving one’s innocence, conceptually and pragmatically, is it is often difficult or impossible to prove a negative or to prove, conclusively, something did not happen. Reduced to its most basic, I think that wrestling with that fundamental impossibility is at the core of the challenges presented by the question “how do I prove my innocence?” There may simply be no proof an act did not occur or that a particular individual was not the cause of a particular event.

A key role of a criminal defense attorney, of course, is to understand what the State must prove to obtain a conviction and to identify weaknesses in the State’s proof.

Certainly, the law provides certain defenses by which an accused individual can defeat the State’s case. One example would be an alibi defense where someone admits that a crime happened but they can demonstrate satisfactorily that they could not have committed the crime because they were somewhere else. But, even here, the defendant does technically not have to prove they were somewhere else. Rather, if they can offer enough credible evidence on this score, a reasonable doubt in the mind of jurors might be created, to the extent that the State cannot meet its burden of proof. To be sure, the law does provide some affirmative defenses where a defendant actually has to prove the elements of the defense. Perhaps the classic example of “self-defense”. Here, the defendant indeed has the obligation to show that they were not an initial aggressor, that the reasonably feared for their bodily safety, and that they responded proportionally to the threat or force used against them. While defenses are not rare in an objective sense, they are probably not utilized, or indeed available, in many common criminal cases.

The most common, everyday scenario in my experience is one in which the State has the obligation to prove that someone committed an offense. They need to establish:

  • the identity of the perpetrator
  • that perpetrator committed an act constituting each element of the offense charged
  • and was acting with the requisite intent.

If the State cannot demonstrate one of those- the case has failed. From this perspective, it is never a situation of whether or not a defendant can prove they are innocent, but rather can they successfully argue the State failed to prove they are guilty. The vital function of a criminal defense attorney, of course, is to understand what the State must prove how to obtain a conviction and to identify weaknesses in the State’s proof.

1  The reference might be a bit dated.  https://www.nytimes.com/1993/09/14/obituaries/raymond-burr-actor-76-dies-played-perry-mason-and-ironside/

I extend a no-cost, no-obligation case analysis and personal, confidential conference and strategy session to all prospective clients. If you have been accused of a crime, it is vital that you act quickly to safeguard your freedom. Contact me today. 410 591 2835, or simply complete the online form at the bottom of the page.

Second Degree Burglary in Baltimore: Why is this offense charged?

This crime is premised on unlawfully breaking and entering into specific types of structures with the intent to commit certain crimes. So, What is Second Degree Burglary in Maryland? A person is guilty of second-degree burglary if they break and enter into the following structures with the intent to commit certain crimes:

A storehouse(a structure used for business, storage, or other purposes, such as warehouses, barns, or garages).

With intent to commit:

   – Theft,

   – A crime of violence, or

   – Arson in the second degree.

Penalties

Second Degree Burglary under Maryland law is a felony. If the intent is to steal, take, or carry away a firearm the penalty increases up to 20 years.

Key Elements for Conviction

To secure a conviction for second-degree burglary, the prosecution must prove:

Breaking and entering: The accused broke into and entered the specified structure without authorization.

Specific intent: The accused had the intent to commit theft, a crime of violence, or arson when breaking and entering.

Distinctions from Other Degrees of Burglary

Second Degree Burglary Under Maryland Law? Why is it charged? For one, it is easier to prove than First Degree Burglary.

First-degree burglary applies to breaking into a dwelling with the intent to commit theft or a crime of violence.

Legal Analysis: Illustrative case: State v. Fisher “The test in this jurisdiction as to whether a particular place is a dwelling house is whether it is used regularly as a place to sleep. “

Third-degree burglary involves breaking into a dwelling with the intent to commit any crime.

Fourth-degree burglary includes lesser offenses such as trespassing or possession of burglar’s tools.

As Attorney Eric T. Kirk will tell you.

What Defenses Are There in a Baltimore DUI Or DWI Case?

The answer to the question “What Defenses Are There In a Baltimore DUI Or DWI Case?” is not one that can necessarily be answered in a vacuum, or by wrote. Each case is unique. Not everyone facing a Baltimore DUI or drunk driving charge has a defense. As a long-time criminal defense lawyer handling DUI, driving while intoxicated, impaired, under the influence- and plain old drunk-driving cases- I would suggest is surely makes sense to find out if you do.

Technical Defenses in a Baltimore DUI Case?

When facing a drunk driving charge, it is essential to understand that various technical defenses might be available to challenge the allegations. A veteran attorney like Eric T. Kirk, a Baltimore criminal defense lawyer, can examine every detail of your case to determine the most effective strategy. For instance, one potential defense could involve questioning whether the breathalyzer test was administered within the legally required two-hour timeframe. Additionally, the accuracy and proper testing and maintenance of the equipment used for testing can be significant factors in your defense. If the equipment was malfunctioning or not properly calibrated, it could render the results unreliable- and inadmissible.

Defenses in a Baltimore Drunk Driving Charge- Field Sobriety

Field sobriety tests also provide fertile ground for defense challenges. These tests must be conducted according to strict protocols. If the officer failed to administer these tests correctly or failed to account for external factors—such as uneven pavement, weather conditions, or a driver’s medical issues—it might weaken the prosecution’s case.

Constitutional Challenges to a Baltimore Driving Under the Influence prosecution

In my view, however, one of the most effective strategies in drunk driving cases often involves challenging the legitimacy of the traffic stop itself. The inception of many DUI charges lies in the officer’s initial decision to pull the driver over. If that stop was not supported by reasonable suspicion of criminal activity, all evidence gathered after the stop—such as breathalyzer results or field sobriety tests—may be inadmissible in court. Reasonable suspicion is a critical legal standard that ensures law enforcement cannot detain drivers arbitrarily. For example, an officer must observe a specific, articulable fact suggesting criminal behavior, such as swerving, running a red light, or excessive speeding.

READ THE LAW: TERRY V. OHIO

If it can be demonstrated that the officer lacked sufficient grounds for the stop, the defense could file a motion to suppress all evidence obtained afterward, which may result in the dismissal of the case due to the states inability to prove the case. Baltimore based DUI lawyer Eric T. Kirk understands the high stakes involved in drunk driving  cases and is dedicated to providing personalized legal strategies for every client. His knowledge of Maryland DUI laws, combined with his commitment to justice, ensures a quality defense.

Attorney Eric T. Kirk will tell you.

There are technical and legal defenses available.

 

TRANSCRIPT

Someone charged with drunk driving might be able to raise some technical defenses to the charge. For example, that the officer didn’t administer the breathalyzer test within two hours of being pulled over, or that the equipment wasn’t functioning properly, or perhaps that the officer didn’t administer the field sobriety tests appropriately. In my experience, often, the most effective method to challenge such a charge is to challenge the officer’s original reason for pulling the motorist over onto the side of the road. If that officer did not have a reasonable suspicion that criminal activity was afoot, everything that comes after the stop is inadmissible at trial.