September 2023 - Car Accident & Lawyer

Getting charged with DUI is serious business. It can affect your job, your license, and your life in a multitude of ways.

The Judge at your arraignment or initial appearance will advise you to get a lawyer. Doing so is a wise move.

The attorneys at FrizWoods LLC can help you prepare a strong defense and mitigate the damage to your personal and professional lives.

Reasonable Articulable Suspicion

A Maryland DUI charge can result in serious penalties including jail time, fines, license suspension or revocation and points on your driving record. A knowledgeable and experienced Maryland DUI Attorney can help you fight the charges and protect your rights.

In order for police to lawfully stop a driver and conduct a DUI investigation they need what is known as reasonable articulable suspicion. This is a lower standard than probable cause and can be found through simple observation, field sobriety tests, admissions from the driver and more.

A common way officers form reasonable articulable suspicion is by observing traffic violations like swerving into another lane, speeding or erratic driving. They may also form a suspicion that the driver is impaired by alcohol or drugs by their demeanor and other observations such as odor of marijuana.

Breath Tests

When an officer pulls a driver over for a traffic infraction, the suspect will most likely be asked to blow into a portable breathalyzer machine. The result of this roadside PBT test may be used at trial to support the DUI arrest.

In addition, officers often require drivers to perform standardized field sobriety tests (SFSTs) like the Horizontal Gaze Nystagmus Test, Walk and Turn Test, and One Leg Stand Test. While these are generally well-meaning, they can be misleading in that they do not prove impairment.

A Maryland DUI charge or conviction can have a lasting impact on a person’s life. It is important to level the playing field with an experienced Maryland DUI lawyer who can help mitigate penalties and protect your rights. A knowledgeable Maryland DUI lawyer could review all aspects of your case, from the reason for your stop to whether or not you were given the opportunity to refuse a breathalyzer test.

Ignition Interlock

A court may require a defendant to install an ignition interlock device (IID) as a condition for license reinstatement after a DUI conviction. The IID is a breath-alcohol measuring device that shows the driver whether they are under the influence of alcohol when operating their vehicle. It can also show the date, time and location of the driving.

State interlock laws have different thresholds for the installation of these devices, which are designed to be a deterrent to repeat offenses and to identify individuals who have AUD or alcoholism. The devices are usually required in conjunction with a period of license suspension or revocation, and can last up to 36 months after the end of a conviction sentence.

A competent Maryland DUI attorney understands the long-term consequences of a conviction and can help you navigate the process as quickly as possible to get your license back. You should contact a lawyer right away to discuss what options are available for you given the circumstances of your case.

Driver’s License Suspension

When an officer has something called “reasonable, articulable suspicion” of DUI, they can legally ask the driver to exit the vehicle and perform roadside standardized field sobriety tests (SFSTs). SFSTs are a standardized battery of tests set out by the National Highway Traffic Safety Administration, or NHTSA.

Maryland drivers can get their license suspended at the time of a DUI arrest, even before they are brought in front of a judge or found guilty of a crime. This is an administrative matter handled by the Motor Vehicle Administration, not a criminal court.

A skilled Maryland DUI lawyer who has tried cases in district and circuit courts can argue against this suspension to keep you driving until your trial. Our legal team is familiar with these MVA hearings and how they interact with the criminal case. They can help you navigate the entire process and use your testimony to support your case in court. This is invaluable in a case where you are facing a long-term suspension.

Creating a Will

A real estate attorney Cape May County, NJ can help you create a will outlining how you want your possessions distributed when you die. It also identifies who will administer your estate and care for your children.

Without an estate plan, the government could take a large chunk of your assets before they reach your loved ones. An estate attorney can help you find ways to minimize transfer taxes.

An estate lawyer can help you minimize taxes and protect your assets by setting up trusts. This separates your assets into legal entities that can be transferred to family members without going through probate.

Often, trust is used to avoid the issue of “squabbling siblings.” It can also be used to support a cause that you’re passionate about. You’ll need a full list of your assets and beneficiary designations for your accounts. An estate lawyer can ensure everything is in order before you execute your documents.

Creating a Trust

Creating a trust is another aspect of estate planning that involves setting out how you would like your assets and possessions distributed after your death. An estate lawyer can help you determine whether a trust suits your needs.

A trust can be irrevocable or revocable, depending on how much control you want to retain. You can choose a trustee who will handle the trust and set parameters for how the trust funds are to be used. For instance, you can specify that the trustee should give a beneficiary a specified amount when they reach certain age milestones or after specific events.

You can also use a trust to minimize income, gift, and estate taxes. This can significantly affect the final value of your assets for your beneficiaries.

Creating a Durable Power of Attorney

When creating an estate plan, you have the option to appoint someone to handle your financial and legal affairs in the event that you are unable to do so yourself. This person is known as an agent, and there are different types of power of attorney that can be assigned, including general, limited, and durable. Your attorney can assist you in determining which type of POA is most suitable for your needs.

Additionally, it’s recommended to include a healthcare power of attorney in your estate plan. This gives your agent the power to make medical decisions on your behalf if you become incapacitated. It’s an essential aspect of any estate plan, as it can help avoid disagreements among family members regarding end-of-life choices, such as whether or not to remain on life support.

If you plan to pass on property to your family members, your lawyer can help you create trusts to hold them. This can help you reduce tax burdens, avoid probate, and ensure that your intended beneficiaries receive the assets.

Creating a Living Will

Creating a living will (an advance directive) and specific final arrangements are common parts of an estate plan. Often, the attorney will advise you on income, gift, and estate taxes and help you decide how to structure your assets to minimize taxation.

Having an estate plan in place is important so that when you die or become incapacitated, your family and loved ones will know exactly what to do with your possessions. A clear, well-drafted, and properly executed plan can also help prevent family fights.

You can find an estate planning lawyer through local and state bar associations or by looking for “estate planning” on Google. It’s important to work with an attorney specializing in estate law, as they will be more familiar with the nuances of the field and can offer you more tailored advice. This can save your family time, money, and headaches in the long run. Also, it’s important to have an estate plan reviewed periodically as significant life events occur.

Month: September 2023

How a Maryland DUI Attorney Can Help You