DWI Attorney MD
The average DWI attorney MD drivers are familiar with is not necessarily the best choice when facing a conviction; but The Law Firm of Frederick J. Brynn, P.C. will give you more than just fair representation. When it comes to your reputation and career, you want the best chance of avoiding a conviction. Our attorneys have 75 years of combined experience, and we have successfully defended our clients since 1993. You can trust the law firm of Frederick J. Brynn, P.C. to defend you to the utmost degree possible.
Not Every Attorney is the Same
A good DWI attorney in MD understands that strategies for clients who are facing a first offense should be different from those facing repeat charges. It is much easier to argue a one-time mistake for somebody who has never been arrested for a driving while intoxicated (DWI) offense. Those who have been convicted of a DWI charge at some time in the past cannot make the same argument. In addition, jail time is often mandatory for multiple DWI offenders. The stakes get higher for each successive DWI charge against you. Learn about Is It Possible to Fight a DWI Charge?
When looking for a DWI attorney MD courts and prosecutors respect, look no further than our attorneys on staff at Frederick J. Brynn. Our legal experts are fully aware of the ins and outs of Maryland’s motor vehicle laws as they pertain to DWI charges and convictions. Our attorneys are adept at arguing on behalf of our clients and leveraging winning strategies. It is possible you may not even have to attend court during the proceedings as they may be able to fully represent you in your absence. That means you can avoid the added stress of being in the courtroom and not have to take time off from work. Learn about What are the hidden costs of DUI / DWI?
First Time and Repeat Offenders
Whether you are a first time offender, a multi-offender, or have been mistakenly accused, the DWI attorney MD residents choose overwhelmingly is the one with the experience and know-how to clear or reduce the charges against them. It may be as simple as proving that you were lawfully using prescription medication which gave the arresting officer a false impression of your state of being. Police work is often subjective, when in a court of law, it is the prosecutor’s responsibility to prove objective, definitive guilt. Our attorneys know from experience how to convincingly prove reasonable doubt that the client broke any laws.
A good Maryland DWI attorney will stay current with all changes in the laws on a state and local level. Our attorneys specialize in motor vehicle laws and are constantly educating themselves on new as well as proposed changes. This gives us an edge against the typical DWI attorney MD has to offer. It can even give us an advantage over those responsible for enforcing the law, as well as those who prosecute it. If you are facing a DWI conviction, hire a DWI attorney MD drivers have already discovered will fight hard for them; call The Law Firm of Frederick J. Brynn, P.C.
What are some things that a prosecutor might not want me to know about a DWI?
A DWI offense in Maryland is serious. It can impact your personal life and career for many years to come, which is why you should retain a DWI lawyer MD as soon as possible. Even if you know you are guilty, a lawyer may be able to help you get your charges reduced or dropped.
Secrets a Prosecutor Might Not Want You To Know
If everyone charged with a crime insisted on going to trial, as is possible with their constitutional rights, the court system would be backed up, and the prosecutor would have to work in court all day long.
In most DWI cases, the mandatory minimum sentences are so severe that you risk very little by choosing to go to trial. In general, if you do go to trial, you will receive the same sentence as someone who pleaded guilty, or less.
The prosecutor often would rather be prosecuting more important felony cases. The average state prosecutor will be working 15 – 30 cases at any given time alongside attorneys who are handling traffic court dockets. In many jurisdictions, the prosecutor is first to arrive at the courthouse will get to choose the courtroom, and their pick is often based upon the speed of the judge.
In a number of jurisdictions across the country, prosecutors do not have extensive time to look into DWI cases, especially those that do not involve aggravating factors. Sometimes a DWI attorney in Maryland won’t be able to discuss the case with the prosecutor until the court date as that is when they will review the case. In smaller areas, there may not even be a prosecutor for traffic cases; although this is not too common.
The arresting police officer is likely to be very busy too. Your DWI case is almost certainly one of many that your arresting police officer will need to deal with. Some officers are required to attend 5 or 10 cases in the same day which means recollecting the arrest may be difficult. This is especially true when you did not do anything out of the norm. A good DWI lawyer MD trusts may know how to use this to your advantage; in particular objecting to an officer testifying through reading notes.
Field sobriety testing was not accurately performed. Police officers are required to undergo training on how to perform field sobriety tests. However, many of these tests are performed wrong. For example, on the horizontal gaze nystagmus test (which involves you following the officer’s pen with your eyes), the National Highway Traffic Safety Administration manual says that if you move your head during the test, the police officer should use their free hand or a flashlight as a chin rest. This is rarely done. The manual also states that a person who is at least 50 pounds overweight should not do the walk and turn test; this is often ignored. Finally, it is possible that the breath testing machine is not working properly. It has been known that readings can vary up to 50% from the actual BAC content.
Is it possible to get a DWI for prescription medications?
Most people know that they can be arrested and charged for driving while under the influence of alcohol or illegal drugs. However, what many don’t realize is that they can also be arrested for being under the influence of a lawfully-prescribed medication.
If you were charged with a prescription medication DWI, you should take this matter very seriously. You cannot expect to go to you hearing on your own, show the judge your prescription, and think that the charges will be dropped. The best decision you can make is to call a Maryland DWI attorney to find out what you should do immediately after you’ve been charged.
How You Can Be Charged with A DWI for Prescription Medications
A DWI for medications can be given for consuming all types of medications including:
- Valid prescription
- OTC medications
- Cold or allergy medications
It is up to the police officer’s discretion when assessing the driver for impairment due to a medication. These assumptions are usually based on instinct rather than fact. This is why sometimes innocent people are arrested and charged.
As the use of prescription medications increase so to do DWIs. As a MD DWI attorney, we have known of cases in which the police pull someone over and test them for alcohol only to get a 0.00 BAC reading. When the still believe the driver to be impaired they may assume he or she is under the influence of medications. In this case they may arrest the driver and take them to the hospital for a blood test. Whether or not the medication will show up in the blood will depend on the type of medication and test. Even if the test comes back negative, you could still be charged.
Prescription DWIs Are Largely Based on Assumption
With regards to DWI prescription medication cases, the charges often rely on the assumption and judgment of a police officer. What this means is that with a good DWI lawyer to craft you a strong defense, you may be able to fight these charges to the point they are reduced or dropped.
Defenses to a Prescription DWI Charge
You cannot defeat a DWI charge for a prescription medication by just saying you have been prescribed the drug. Rather, as long as the police officer believed you were intoxicated and put yourself in a position that you were at risk for causing harm to yourself or others, you can be charged.
Unlike alcohol, there is no way to measure how much drugs are in your system – unless you disclose this. This can work in your favor for legal prescription medications. The reason for this is that just because the medication was in your body, does not mean you were actually intoxicated. It will be up to the prosecutor to prove this through evidence. It is possible to limit this type of evidence by:
- Not telling the officer you have a prescription medication; and,
- Refusing field sobriety tests (this does not apply to alcohol intoxication)
Depending on the circumstances, a lawyer might also argue that the officer did not have any reasonable suspicion to stop or arrest you.