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I have a 2 part question for an experienced criminal (DUI) attorney and seeking input on defense exploits.
The DA is hanging her hat on a blood draw from a hospital. A supeana decces teum was issued. Atty. Justin McSHANE, exhaustively covers hospital blood draws:not forensic. Before getting into that level of debate, what would defense approach be if: 1) I was detained not arrested, in hospital ICU with TBI, did not consent (I was cognitively impaired with a subdural hematoma, a potentially life threatening injury), officer either waited for an ETOH reading (time-stamp) then charged me, or charged me before the reading. Would DA need a grand jury supeana to satisfy HIPPA laws? Does Missouri vs McNeally apply? Qualified personnel, can I demand that the nurse (if it was a nurse) who took my blood be present at trial, the tech\analyst, the custodian of records, ect?
The questions you ask are highly technical and are factually dependent and thus require a careful review of the...
Has anyone ever fought the validity of the blood sample for a DUI in Alexandria?
I was pulled over for going the wrong way down a one way street as I was unfamiliar with the area. I admitted to the officer that I had had a few drinks. I refused the field sobriety test and the breathalyzer. I was pulled over around midnight and my blood was taken around 3 am. I am not sure what the blood test will determine but has anyone ever fought the validity of this test?
I am not licensed in Virginia. However, the Supreme Court has recently ruled in Missouri v. McNeely. Speak to a VA...
What are the consequences for a 2nd DUI within 2 months?
I have not yet gone to court over the first DUI. My first BAC was .12 and the second was .09. Because I have not yet been convicted of my first, am I still eligible for a PBJ for the second? Or am I guaranteed jail time or a license suspension?
You need a lawyer to handle both cases obviously. Hopefully they can get you off on one or both of them. If not, no...
Is it possible to travel to Canada with 2 expunged DUI charges (found not guilty and nolle pros)?
2 DUI/DWI arrests/charges but no convictions (not guilty and nolle pros) and have had the charges expunged. Will traveling to Canada (via airplane) be a problem?
No, you should have no problem traveling traveling to Canada.
Do you think the MVA MAB would allow me to remove the interlock early
My DUI case was closed March 2009. Since then I have completed a two year program in TX. I had a non-restricted license in TX. When I came back to MD, I had the interlock installed. I work in the auto industry. I have never failed it and have complied 100%. I have been sober 3+ years and my case, well is 4-years 7 months old. I'm having a hard time finding a job with it on my car. Most companies insurance plans will not have me. A friend of mine said to write a letter to the MAB, I will do this and have a completion letter from the treatment center.
Your question is very fact-specific, and therefore you should considering consulting privately with an attorney about...
Maryland - received a DUI. License will be suspended for 3 months. Can I still retain car insurance coverage.
My suspension will take place prior to my going to court. I can not afford the interlock in order to continue driving, but need to keep insurance in order to let others drive.
You're required to have insurance as a condition of registration. An experienced criminal defense attorney can help you...
Are online DWI classes accepted in the Maryland court?
Classes such as I will be moving out of state very soon. I was going to pay for 12 hours to meet the AEP requirements. I have an out of state license.
Online classes are typically NOT accepted by the Maryland Courts. There are, however, several providers that will...