Criminal Law

ANDREW V. KNICLEY

Attorney At Law

Attorney At Law

Criminal Law / DUI / Traffic

Handling Cases in Maryland and the District of Columbia

Contact us:        2 Post Office Road, Suite 1A
                          Waldorf, Maryland 20602

                           Phone:         (301) 638-7006
                           Fax:             (301) 638-7474

Criminal

There are many reasons why you need to take a criminal charge seriously and hire an experienced criminal defense attorney. First, depending on the type of criminal offense you have been charged with, you may be subject to a term of imprisonment, or fines, or both!!

Second, a criminal conviction could haunt you for the rest of your life. You may be eligible for expungement of a conviction, but you usually have to wait a period of years before this can be done, and this may lead to employment difficulties with future employers.

Third, you may be innocent of the criminal offense(s) charged, including being wrongly accused or having a justifiable defense.

Our framework of criminal law is pretty much straight forward and most of us have a good understanding of the criminal law system and what is and is not illegal.

Once a person is charged with a criminal offense, however, there are numerous rules and laws to be aware of for a competent defense. It is essential that you retain an attorney who is familiar with navigating through the legal process so that you get the very best defense available to you.

The Law Office handles cases in the District Court of Maryland and the Circuit Courts as well, including jury trials.

DUI

We live in a country in which our culture is saturated in alcohol. Everywhere you go or look, alcohol surrounds us. In television advertisements, at sporting events, at grocery stores, on t-shirts and hats, etc. Our religions have it, it is present at holiday parties, and it will always be at weddings.

Despite the widespread influence by the alcohol industry and our cultures, we are expected to use self control to know when to say when every time. This includes when you have dinner at a restaurant, or have a few at your work party. This is a no tolerance policy and you do not get a chance or a warning if you decide to have one too many and get pulled over by the police.

A traffic offense is usually the reason why you are pulled over. This can include failing to stay right of center, speeding or erratic speed, and failure in vehicle equipment. Once pulled over, the officer will approach your vehicle and will be looking for any cues that alcohol may be playing a part in the stop, including:

Odor of alcohol, bloodshot eyes, slurred speech, statements that you were drinking, fumbling fingers, etc. If any of these cues are present, it is likely that you will be taken out of your car and asked to perform three tests referred to as Standardized Field Sobriety Tests. These tests are the Horizontal Gaze Nystagmus, the Walk-and-Turn, and the One Leg Stand. The results of these tests will be used to determine whether you will be arrested and charged with a drinking and driving offense.

The results of the tests will also be used against you at your court trial as evidence of your impairment. It is also important to remember that any statements you make to the officers will also be used against you.

If you are arrested and charged with drinking and driving offenses, you will face two separate tribunals:

MVA & Court

The MVA will schedule a hearing for you if you request one. At the hearing, you have the opportunity to show why your license should not be revoked or suspended. Your breath test result will in large part determine how your driving privilege will be handled. If you refused (120 day suspension), or if your result is below .08 or above (above: 45 day suspension or 90 days for subsequent offenses), and whether it is below .15 or above (above: 90 day suspension or 180 for subsequent offenses).

The higher your breath test result, the longer period of time your suspension can be. It is important to attend the hearing and argue that you require a restricted license so that you can get to work and so that you can continue your alcohol treatment.

At Court, you will have an opportunity to either defend against the charges or admit your guilt. You need a lawyer to evaluate your case and tell you whether there is a viable defense to the charges. If no defense exists in your case, often times, your lawyer will be able to work an agreement with the state for a lessor charge (DWI), to knock off any of the minor driving offenses, and/or to have no opposition to a request for a probation before judgment (PBJ).

It is ultimately up to the judge whether you are eligible for a PBJ, but if given, you will be subject to probation usually with a court monitor whom you will meet with once a month to submit proof of compliance with the terms of your probation (eg- continued attendance at alcohol treatment classes, victim impact class, abstention from alcohol and/or drugs, etc.)

Heavy drinkers and social or hardly ever drinkers both find themselves facing a drinking and driving offense. What ever your case may be, once charged with a drinking and driving charge, it is imperative that you immediately contact a DUI/DWI defense attorney to represent you in court and with the MVA.

DISCLAIMER

The Law Office of Andrew V. Knicley has provided this website and its contents as a public service to provide you with a resource for informational purposes only and is not intended to represent legal advice or counsel. Your use of this site and its contents does not construct a client-lawyer relationship with the attorneys at the Law Office of Andrew V. Knicley.