Richard V. Patton - Criminal Defense Attorney Baltimore, Maryland 410-837-1110

Is it possible to beat a DUI/DWI after the statuatory "per se" changes in the law?

A DUI/DWI is often an embarassing, expensive, and life altering criminal charge. Recent changes in the law have made it tougher to "beat" a DUI/DWI, and have also made the penalties for a conviction tougher. The consequences of a DUI/DWI on your freedom and your driving privileges can be devastating, causing loss of employment, strain on relationships, and additional legal problems.

If you are charged with an alcohol/drugged driving related offense you need to contact an attorney immediately. Filing deadlines for administrative hearing requests begin running the day of your arrest, and expire quickly. In addition, there are motions to command the production of certain evidence that must be made prior to trial.

Whether a defendant in a DUI/DWI case can be found not guilty obviously depends on the individual facts of each case. Typically the strongest arguments to "beat" a DUI/DWI charge involve the legality of the initial traffic stop, whether probable cause exisited to make the actual arrest, and whether the Breath-Test equipment was both functioning properly and operated by an individual properly trained to do so. Making the best of these and numerous other potential "defenses" requires the assistance of an attorney experienced in handling DUI/DWI cases. Contact me directly to discuss your case and possible defenses.

Can I beat my drug possession charges?

They say possession is "nine tenths of the law". In drug possession cases this is not always true. Probably the most litigated area of constitutional law is the interpretation of the 4th Amedendment as it applies to searches and seizures by the police or other government agencies. Many drug possession cases that result in the defendant being found not guilty are the result of a successful argument regarding the legality of the search that yielded the illegal items.

Challenges to the legality of a police search often focus on the reason(s) for the initial stop of the defendant, whether consent to search was given voluntarily, whether their was probable cause to arrest/search, the length of a proper/legal traffic stop that results in the detection of illegal substances, and the legality of a search warrant. Each case differs substantially in the potential legal issues it presents, which is why it is so important to have an attorney who has experience arguing these types of cases to assist you in defending your matter.

If you have been charged with a drug or weapons related crime and believe that you may have been illegally searched you should contact me promptly for a FREE consultation. Even if you believe that you were properly searched, or consented to a search, it is important to have an experienced attorney review your case and advise you of your legal rights.

What should I do if a police officer approaches me on the street?

Dealing with police can be a nerve-racking experience for anyone. It is my belief that it is best to say as little to possible when a police officer begins questioning you about possible criminal conduct. Your best defense is to know your constitutional rights, namely the right to remain silent. If you are questioned by a police officer, it is best to be polite, cooperative, and armed with the knowledge that a police officer must have probable cause to arrest you or search your person. Such questions as "where are you coming from?", "where are you going?" and "what do you have in your pocket?" are questions that you do not have

to answer. Questions that deal with your identification such as "what is your name?", "where do you live?" and "can I see your license?" are questions that you typically should answer.

Remember that police must have probable cause to arrest you for a crime, and often times a simple "field interview" can create that probable cause if handled incorrectly.

If you are being questioned by the police or are ever arrested, do not speak with the police without an attorney present. Ask for an attorney immediately and repeatedly until you are provided one or released. Write down an accurate description of the incidents as they occurred and consult a lawyer or apply for a public defender immediately.

What are"standardized field sobriety tests (SFST's)?

Often referred to as SFST's, or standardized field sobriety tests, SFST's are designed to be used by law enforcement to determine the level of intoxication of a person suspected of DUI/DWI. In Maryland the SFST's typically consist of the 1) walk & turn test, 2) one-leg-stand test, and the 3) horizontal gaze nystagmus test (HGN). While the courts generally attempt to refrain from refering to the SFST's as "tests" they are an accepted tool for police to establish probable cause for a DUI/DWI arrest. Performance on the SFST's can also be used as evidence to acquit or convict a defendant at trial. The following is a brief description of each of the above SFST's:

Walk & Turn- a test used to determine the ability of a suspect to display balance, spatial orientation, and coordination by requiring the individual to walk heal-to-toe along an imaginary straight "line" for a set number of paces, then turning 180 degrees, and walking back in the same manner. The law enforcement officer will conclude that individuals who step off the straight line, miscount the number of steps, fail to properly (and gracefully) perform the 180 degree turn, or fail to keep "heal-to-toe", are unable to safely operate an automobile.

One Leg Stand- Another test designed to measure both balance and cognitive function by requiring a suspect to stand on one (1) leg, with the other foot raised approximately 6 inches from the ground, while counting aloud to some specific number, usually thirty (30). A person who cannot accurately count, cannot remain on one (1) leg for the required time, or whose arms are raised substantially above hip level will be determined to have exibited clues as to his/her inability to safely operate a motor vehicle.

HGN- This test exploits the fact that alcohol causes a person to lose some level of control over their muscle functions, not just those muscles related to balance are affected, but every muscle in one's body, including the eye muscles. Typically this SFST requires a suspect to follow the tip of a pen or other object with their eyes while keeping the head still. The officer observes the eye moving from left to right as it follows the pen. Individuals who have consumed alcohol will typically exhibit a spasm of the eye muscle as the eye approaches the extremes of the field of vision. This increase in eye "spasm" is known as nystagmus and gives a clue as to the amount of alcohol consumed by the individual.

Many police officers receive extensive training on the proper administration of SFST's. They also receive training on how to convince a suspect to take the SFST's which are optional and NOT required under Maryland law. A properly administered SFST will be conducted on a level, gravel/debris-free surface, and will first be demonstrated by the officer.

Can't I just represent myself on minor criminal charges?

Under the US Constitution every person charged with a crime is innocent until proven guilty beyond a reasonable doubt by the government. The 5th Amendment provides that a criminal defendant cannot be compelled to testify, and is therefore not required to present evidence of his innocence, rather the State has the burden of producing all evidence of the defendant's guilt.

Even with that constitutional protection a criminal defendant not represented by an attorney is at a distinct disadvantage and puts his freedom in jeopardy.

Lawyers are trained in determining what evidence should be allowed or excluded and can make legal arguments, of which a defendant is either not aware, or not properly practiced to make. Even in a clear case of guilt a lawyer can be helpful to minimize the punishment a defendant receives, and can certainly mean the difference between jail and a less intrusive punishment.

If you have a criminal case, no matter how small, you should ALWAYS be represented by a lawyer. If you have been charged with a crime and are trying to decide whether you should hire a lawyer, consider the following famous quote:

"In a criminal case a man who represents himself has a fool for a client."

Disclaimer:

Be advised that the information contained within this website shall not be construed as legal advice nor constitute the practice of law. Richard V. Patton - Attorney at Law is licensed to practice law ONLY in the state of Maryland and as such the information contained in this website is not intended for persons involved in, or anticipating legal action outside of Maryland. All visitors to this site agree that use of this site is limited to the sole purpose of obtaining information about hiring Richard V. Patton - Attorney at Law for representation in a pending or anticipated legal matter, and further agree that no contractually binding relationship for legal services exists as a result of viewing or submitting communications through this website. Please contact Richard V. Patton directly to discuss retaining him as your representative in a specific legal matter, and understand that a legally binding attorney/client relationship will only be created upon the payment and acceptence of attorney's fees and upon both parties executing an Attorney Retainer Agreement.