The Traffic Attorney | Ignition Interlock System

When someone is given a traffic ticket, there are several main concerns for both the driver and the traffic ticket attorney. Obviously, there is the traffic offense to be decided either at the courthouse (if it is a “must appear” ticket) or by the driver simply paying the ticket. However, there is also the concern about what is going to happen to the person’s driving record and driver’s license.

One of the main consequences of a DUI citation or conviction is that the driver will lose his or her license. In other words, the driver’s license will be suspended for an extended period of time. In many jurisdictions, after receiving a DUI citation, the driver has the option of asking for an ignition interlock system to be placed in his or her vehicle instead of receiving a license suspension. The ignition interlock is installed and connected to the car’s ignition system. The driver is required to blow into the machine and receive a blood alcohol content (BAC) reading of 0.00 before the car will start. Additionally, if any alcohol is detected on the driver’s breath, that reading will be forwarded to either the probation officer in charge of the driver’s case or the appropriate state agency. The ignition interlock is a great alternative to license suspension, especially for those who need a car to drive to work or school.

Here is the problem. The rules for allowance of the ignition interlock are not always specific enough to allow the state agency or administrative law judge to consistently apply them. So with different ALJ’s or differing localities within the same jurisdiction, there are inconsistent results. It makes it very difficult for a DUI attorney to properly advise his or her client, and makes it nearly impossible for a driver without a DUI attorney to have any idea whether the request for ignition interlock will be granted. And that’s just for a first offense DUI where the driver allowed his or her BAC to be tested. A DUI refusal to blow or a second offense DUI is even more difficult to predict.

In theory, the ignition interlock is a great technology. However the rules and regulations as a whole must be tightened up so that they can be uniformly applied.

The Traffic Attorney | Field Sobriety Tests Don't Make Sense

One of the things that really bothers me (as a traffic ticket attorney) about field sobriety tests is that they assume too many things. There are so many variables that are assumed to be fixed, all of which help the prosecutor prove that the driver is guilty of DUI.

Let me give you an example. The first assumption that field sobriety tests make are that all drunk people are uncoordinated. This is the cornerstone of field sobriety tests, and is why they were invented in the first place. They are meant to give the officer an idea of whether the driver is too drunk to safely operate a vehicle. The problem with this assumption is it’s not always true. There are plenty of drunk people out there that, for one reason or another, are not uncoordinated. Therefore, field sobriety tests are flawed to begin with.

But worse than the above is that field sobriety tests then assume the inverse of the first assumption. That is to say that the second assumption is that all uncoordinated people are drunk. This is absurd. What this assumption tells me is that the un-athletic kid in elementary school who was always picked last in kickball was, in fact, drunk. If you assume “uncoordinated” means “drunk,” then that kid got started at an early age. I’m using this ridiculous example to show how faulty field sobriety tests are.

Unfortunately, field sobriety tests are administered every day, and they are the basis of DUI arrests every day. Moreover, the testimony of the administering police officer is also used in court to prove that drivers are guilty of DUI every day. For this reason alone, it is a good idea to have a DUI attorney at your side to help defend against the ridiculousness that is the field sobriety tests.

The Traffic Attorney | Reckless Driving is Serious

I was talking to someone the other day, not a potential client, who was telling me all about his speeding ticket. He was driving home from school at the beginning of the summer; it was the middle of the night; and there was no one on the road. He got popped by a speed trap. “No big deal, it’s just a speeding ticket, right?” This is what he asked me. As a Virginia traffic ticket attorney, Maryland traffic ticket attorney, and DC traffic ticket lawyer, immediately the red flag went up.

“What do you mean, ‘no big deal?’ How fast were you going? What were you charged with?”

With those questions, I can see the look on his face turn from amusement at his driving home from school story, to concern at what I might tell him.

“I was going 86 in a 65. The ticket says reckless driving.”

This is where I break the news, and is the point of this post. Reckless driving is a serious offense. No, it’s not homicide, but in many jurisdictions it is a misdemeanor and subjects the driver to hefty fines and jail time. In Virginia, for example, a reckless driving conviction can carry up to a $2,500 fine, 12 months in jail, and a 6 month license suspension. That’s serious stuff.

Not only that, but a reckless driving charge requires a court appearance in most jurisdictions. Why? Because it is a misdemeanor. Because you are facing jail time. Because the State and the Court want to look at your driving record and determine whether you know the severity of reckless driving. BECAUSE IT IS A SERIOUS OFFENSE.

Got it? Good. The point is that you can’t just show up in court and hope that the officer who wrote you the ticket doesn’t show up. I think that’s what this guy who I talked to was headed towards before I cut him off. Talk to an experienced traffic ticket attorney. Enroll in a driving class. Take it seriously.

The Traffic Attorney - Cell Phone Laws

You may have noticed that a lot of states are passing laws pertaining to driving while using cell phones or other mobile devices. As a Maryland traffic ticket attorney and Maryland DUI attorney, I know that the Maryland law banning talking without a hands free device goes into effect in October, 2010. Virginia is also passing a similar law, to go into effect in 2011. DC was a pioneering jurisdiction and already has one in effect. In a lot of states, these cell phone violations are actually secondary violations, meaning you can't get pulled over unless you are doing something wrong.

The question is whether these laws do what they are intended to do - increase driver safety. The answer is we don't know. Look, I am all for banning texting, emailing, etc. while driving, because that type of multi-tasking really is dangerous. But the reason why these things are dangerous is because drivers who text while driving are actually taking their eyes off the road multiple times for extended periods of time in order to push the buttons on their phone. Also, it can take two hands to text and drive.

On the other hand, there just isn't any empirical evidence that holding a phone up to your ear and talking, while keeping your eyes on the road, actually makes you less capable of driving your vehicle. I understand that rational, and there are good arguments for the law, I'm just interested to see if it actually makes our streets safer.

So we'll see. I'll post more on this at a later date.

The Traffic Attorney - Red Light Camera Tickets

Last week, I was in court for a protective order hearing and sat in on the traffic docket. You may not believe this, but the Traffic Attorney am more than just a Maryland traffic ticket attorney. The first cases called were the red light camera tickets. In case you don't know, the State of Maryland has authorized the use of cameras at intersections, and these cameras have a sensor. When the sensor sees that a person is running a red light, the camera takes a photo of the car. A few weeks later, that person receives a Maryland traffic ticket in the mail for running the red light.

It seems pretty airtight - I mean, there is a photograph of the car in the middle of the intersection while the light is red. The picture captures the license plate, which is how Maryland knows to send a ticket to the person who owns the car. I have never represented someone with a red light traffic ticket (it is a fairly recent thing). In fact, I've never watched the red light camera docket, but I was still surprised to see how many people were found "not guilty" of the infraction. One lady told the Judge that the car wasn't hers, and pulled out a picture of her car. The Judge took one look at it and dismissed the case. I mean, really?? What if she owned two cars? Or she took a photo of someone else's car and showed it to the Judge? I'm all for speeding through the docket (pun intended), and cases being dismissed (I am a defense attorney after all), but this was bizarre.

Then we moved onto the payable offenses docket and I saw some teenager make up some ridiculous excuse about why he was going 67 in a 35 mph zone. The Judge threw the book at him. Ahh, now this was the normal traffic docket that I knew.

The Traffic Attorney - Field Sobriety Tests

As a Virginia DUI attorney, I usually advise people against taking field sobriety tests. But I had to post this video, because it actually made me laugh out loud. What is the moral of the story? If you are stopped, and the police officer suspects you of DUI, don't say anything. But know that if you're this guy, you are going to get a DUI citation and will need the services of an experienced DUI attorney.

The Traffic Attorney - I Am What I Am

So the other day The Traffic Attorney was speaking with another attorney - a well-respected family law attorney in Maryland - and he asked why I defend people who put other people at risk by committing traffic violations. Before I could answer, he went on to say that people who drive after drinking alcohol are the scum of the earth and should be sentenced to life in prison, since they are being selfish. This particular attorney was very passionate about this subject, so I decided to indulge him.

I am not offended by this question. In fact, I get it a lot, both as a Maryland DUI attorney, and as a Maryland traffic ticket attorney.

But the answer is quite simple. So I explained to him. Some people fight for free speech or freedom to associate with whomever they wish. Others fight for equal rights. Still others fight for the right to bear arms. All of these principles are entrenched in the Amendments to the Constitution of the United States of America, which we (as attorneys) have a duty to uphold.

My main passion is to fight for the rights of the accused. You see, two of the most basic tenets of our criminal defense system are the right to a competent defense and the right to a presumption of innocence. The right to a criminal defense attorney is embodied in the Sixth Amendment, while the presumption of innocence stems from the Fifth, Sixth, and Fourteenth Amendments. Every day, I help support the document that serves as the foundation of our great country. If that means defending someone who had a couple of drinks then chose to drive, then I am okay with that.

I then asked this family law attorney how he can represent people every day who argue over who gets to keep a piece of property, or how much child support should be paid for the aid of a two-year old. He didn't have a good answer, and that was the end of the conversation.

The Traffic Attorney - On Driving Records

One of the most important items in any traffic case is the driving record. It can either be the best tool to use in your favor, or the document that is the bane of your existence. In any event, most likely you wouldn't be looking at The Traffic Attorney blog if you had a clean driving record. For example, if you are a Virginia driver, presumably you are in need of a Virginia DUI attorney, or are looking for advice because you received a speeding ticket, DUI citation, or are otherwise headed to traffic court.

The first thing a police officer, prosecutor, or judge will look at is your driving record. You need to keep it under control. Because of that, the first thing your Virginia traffic ticket attorney is going to ask for is a copy of your driving record. The strategy that your attorney chooses to recommend will, in a lot of cases, be based on your driving record. For example, if you have six DUI's and are charged with a seventh DUI, your attorney is not going to recommend a driver diversion program (that just won't be possible) or, most likely, that you plead guilty. Another DUI conviction in most jurisdictions will mean incarceration. On the other hand, if you have never received a ticket for anything, and you are charged with reckless driving, perhaps your attorney will recommend speaking to the prosecutor in an attempt to reduce the charge.

As you can see, if your driving record is ten pages long, you're in trouble. Consequently, be careful out there. You never know when something stupid is going to catch up with you. If you don't need to speed, then don't. Always use your traffic signals. Keep your automobile in working condition. Don't drink and drive.

Of course, if everyone followed my advice, then I would be out of a job. But our streets would be a much safer place.

The Traffic Attorney - The First Rule of Traffic Court is.....

Ok, so if there is one thing I've learned while being a Maryland DUI attorney, it's that traffic court is unpredictable. In other words, I never know what to expect when I go in there. I know you're wondering, "Well then how can you knowledgeably blog about what goes on in traffic court?"

Well the answer is easy, really. Procedurally, I know what goes on. For example, I am a Maryland traffic attorney, among other things. I know that, by the time you get to court, you most likely have gone through a traffic stop, where a law enforcement officer pulled you over and tried to gather as much information about you as possible. He asked whether you had been drinking and whether you cared to take a few tests.

I know that you either told the officer that you had something to drink, failed those tests, the officer had some other reason to believe you were DUI, or any combination of the foregoing. For whatever reason, the officer arrested and booked you. At the police station, someone most likely took your fingerprints and photograph, searched you, and asked you more questions.

Hopefully, you told the officer you want to speak with a lawyer, but that's another post for another day.

In any event, you're in court for your preliminary hearing or arraignment. I'm with you up to this point. But, the other day, something funny happened on the way to entering a not guilty plea and setting a trial. I was in court with a client, and I checked in with the clerk prior to the Judge taking the bench. The clerk informed me that we weren't on the docket. While that isn't necessarily out of the ordinary, it was odd that my client'c case wasn't even in the court's computer records. Hmmmmm.

Shortly thereafter, the Judge took the bench and informed us that we could leave. The court would issue a notice if anything came up. This is what I meant by not knowing what to expect. The traffic docket is usually flooded with cases. Things fall through the cracks. Sometimes it works out better that way.

Welcome to The Traffic Attorney

Welcome to The Traffic Attorney blog. The purpose of this blog is to give insight into what actually goes on inside the courtroom during a traffic docket. Hopefully it will also help you deal with your traffic or DUI case.