[Merenguero]

(03-07-2013 04:03 AM)porscheguy Wrote:  

The back of my MD driver's license states "driving in MD implies consent to chemical testing for intoxication as required by law. Longer license suspension may result from refusal to be tested."

Does your friend still have a proper driver's license? If this happened in MD, your friend would have a paper license and the cops would have done a test that provided a BAC.

If the person charged has a license from a state other than Maryland, the police do not take the person's license. Regardless of the state in which the driver is licensed and even if the driver does not have a driver's license, the police issue this "paper license" which porscheguy is referring to. This paper license is known as a DR15-A form, not to be confused with the DR-15 form, which is the advice of rights. Even if you have a license which was issued in a jurisdiction other than Maryland, the Maryland Motor Vehicle Administration can suspend your privelige to drive in the State of Maryland as a result of an alcohol related traffic offense. When a person is charged with an alcohol-related traffic offense, he is given two copies of the DR-15A form. One copy is to serve as the temporary license. The other copy is a hearing request form which is to be mailed to the Office of Adminstrative Hearings. The hearing request copy must be mailed within thirty days of the charge or the driver's license or priviledge (whichever applies) will be suspended. If the hearing request is timely mailed, any suspension will he held in abeyence until the Motor Vehicle Adminstration conducts a hearing.

At the hearing, for a first offense between a .08 but less than .15, the suspension is for forty-five days, .15 or over is for ninety days, and a refusal of the chemical test is for 120 days. One defense to the suspension is that the driver wasn't properly advised of the administrative sanctions which could be imposed. The DR-15, Advice of Rights Form was previously only written in English and persons who did not read English fluently sometimes were able to be successful in those cases. A recent development is that there is now a complete Spanish translation of the DR-15, Advice of Rights form. I won't comment about what persons or events may have caused them to create the written translation. I think you guys can read between the lines.

Many, many people don't realize that the hearing request must be promptly mailed and therefore do nothing with regard to the request, do not consult attorneys, and have their licenses suspended.

[lurker]

And how long does it take the MVA to schedule and conduct a hearing? Here in CA the DMV likes to wait on the administrative suspension process right up until the statute of limitations (12 mos) to file.

Aside - is it worth getting waived in to DC just to hold membership there for 5 years so I can get reciprocity with another state I might go to?

[Merenguero]

(03-07-2013 11:06 AM)lurker Wrote:  

And how long does it take the MVA to schedule and conduct a hearing? Here in CA the DMV likes to wait on the administrative suspension process right up until the statute of limitations (12 mos) to file.

Aside - is it worth getting waived in to DC just to hold membership there for 5 years so I can get reciprocity with another state I might go to?

It usually takes several months before the MVA hearing is held. Sometimes the MVA hearing is held before the court and sometimes it is held after. All of the hearings are scheduled by the Office of Administrative Hearings. There are many MVA locations throughout the state where MVA hearings are held. If a particular location is backed up, that may contribute to a delay in the scheduling of a hearing even though all hearings are scheduled through the Office of Administrative Hearings. I don't believe a person charged with an offense would have a leg to stand on in the event that it took an inordinate amount of time for an MVA hearing to be scheduled and held and that person were to claim that he was prejudiced as a result of the delay. The reason for this is that every time a person timely requests an MVA hearing, any proposed suspension is held in abeyance until such time as the MVA hearing is held. In my opinion, there is therefore no prejudice to the licensee as a result of the MVA taking many months to schedule and conduct a hearing.

As far as your question on recriprocity, I believe you need to actually practice in D.C. at least to some degree in order to use the D.C. bar admission to waive into other jurisdications. Maybe some other posters can correct me if I am wrong in that belief.

[Merenguero]

(03-06-2013 09:03 PM)Merenguero Wrote:  

(03-06-2013 08:57 PM)presidentcarter Wrote:  

He's the type that will postpone your court date if he knows the prosecutor and judge working that day won't make a deal with him.

I'm not that type. Fuck postponements unless I plan to be on vacation on the scheduled court date or am scheduled to handle another case in another court on the scheduled court date. Put the pressure on them.

I fixed this post for you guys. I could see that the way I had previously worded it was causing some confusion.

[Merenguero]

(03-06-2013 10:24 PM)Merenguero Wrote:  

(03-06-2013 10:11 PM)presidentcarter Wrote:  

(03-06-2013 09:03 PM)Merenguero Wrote:  

(03-06-2013 08:57 PM)presidentcarter Wrote:  

He's the type that will postpone your court date if he knows the prosecutor and judge working that day won't make a deal with him.

I'm not that type. Fuck postponements unless I'm in Miami or in another court. Put the pressure on them.

Why wouldn't you postpone? I know if I was on the chopping block I'd appreciate every advantage I could get. You say unless you're in Miami so maybe it varies by court system?

The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a speedy trial. When a Defendant consents to a state continuance or requests a continuance, he completely screws himself if he wants to in the future claim that he was deprived of his right to a speedy trial. If a Defendant requests some stupid continuance and it takes a year, two years, or five years to get to trial, good luck trying to claim that he was deprived to his right to a speedy trial. The truth is that if a defense attorney is doing everything that he possibly can, most cases will fall apart by themselves, especially if the attorney is not requesting continuances or consenting to state continuances. The idea is to continously be putting pressure on the state and not worry about who the judge is or anything else. Getting in front of the right judge is great for those lawyers who make it their practice to plea bargain and are not interested in trying cases. Plea bargaining is not really part of my daily ritual. In ten years, I don't think I have ever walked out of a courtroom and said, "I really had the wrong judge. I think I would have done much better if I had postponed the case before, waived my client's speedy trial rights, and taken a great deal of pressure off the state." I hope this helps.

I just got a client off of a serious offense specifically because he was deprived to his right to a speedy trial and I never waived that right by requesting a continuance or by consenting to a state continuance.

[presidentcarter]

(03-07-2013 03:57 PM)Merenguero Wrote:  

(03-06-2013 10:24 PM)Merenguero Wrote:  

(03-06-2013 10:11 PM)presidentcarter Wrote:  

(03-06-2013 09:03 PM)Merenguero Wrote:  

(03-06-2013 08:57 PM)presidentcarter Wrote:  

He's the type that will postpone your court date if he knows the prosecutor and judge working that day won't make a deal with him.

I'm not that type. Fuck postponements unless I'm in Miami or in another court. Put the pressure on them.

Why wouldn't you postpone? I know if I was on the chopping block I'd appreciate every advantage I could get. You say unless you're in Miami so maybe it varies by court system?

The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a speedy trial. When a Defendant consents to a state continuance or requests a continuance, he completely screws himself if he wants to in the future claim that he was deprived of his right to a speedy trial. If a Defendant requests some stupid continuance and it takes a year, two years, or five years to get to trial, good luck trying to claim that he was deprived to his right to a speedy trial. The truth is that if a defense attorney is doing everything that he possibly can, most cases will fall apart by themselves, especially if the attorney is not requesting continuances or consenting to state continuances. The idea is to continously be putting pressure on the state and not worry about who the judge is or anything else. Getting in front of the right judge is great for those lawyers who make it their practice to plea bargain and are not interested in trying cases. Plea bargaining is not really part of my daily ritual. In ten years, I don't think I have ever walked out of a courtroom and said, "I really had the wrong judge. I think I would have done much better if I had postponed the case before, waived my client's speedy trial rights, and taken a great deal of pressure off the state." I hope this helps.

I just got a client off of a serious offense specifically because he was deprived to his right to a speedy trial and I never waived that right by requesting a continuance or by consenting to a state continuance.

Interesting difference of practice with the speedy trail approach vs. delaying court date to get in front of the best dealmakers.

My guy will also push a Muni case to County court if he doesn't get the outcome he/the client wants. County courts are more concerned with murders and traffickers so more minor offenses usually get off easy here.

What are your thoughts on this practice?

[Merenguero]

(03-07-2013 04:04 PM)presidentcarter Wrote:  

(03-07-2013 03:57 PM)Merenguero Wrote:  

(03-06-2013 10:24 PM)Merenguero Wrote:  

(03-06-2013 10:11 PM)presidentcarter Wrote:  

(03-06-2013 09:03 PM)Merenguero Wrote:  

I'm not that type. Fuck postponements unless I'm in Miami or in another court. Put the pressure on them.

Why wouldn't you postpone? I know if I was on the chopping block I'd appreciate every advantage I could get. You say unless you're in Miami so maybe it varies by court system?

The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a speedy trial. When a Defendant consents to a state continuance or requests a continuance, he completely screws himself if he wants to in the future claim that he was deprived of his right to a speedy trial. If a Defendant requests some stupid continuance and it takes a year, two years, or five years to get to trial, good luck trying to claim that he was deprived to his right to a speedy trial. The truth is that if a defense attorney is doing everything that he possibly can, most cases will fall apart by themselves, especially if the attorney is not requesting continuances or consenting to state continuances. The idea is to continously be putting pressure on the state and not worry about who the judge is or anything else. Getting in front of the right judge is great for those lawyers who make it their practice to plea bargain and are not interested in trying cases. Plea bargaining is not really part of my daily ritual. In ten years, I don't think I have ever walked out of a courtroom and said, "I really had the wrong judge. I think I would have done much better if I had postponed the case before, waived my client's speedy trial rights, and taken a great deal of pressure off the state." I hope this helps.

I just got a client off of a serious offense specifically because he was deprived to his right to a speedy trial and I never waived that right by requesting a continuance or by consenting to a state continuance.

Interesting difference of practice with the speedy trail vs. delaying court date to get in front of the best dealmakers.

My guy will also push a Muni case to County court if he doesn't get the outcome he/the client wants. County courts are more concerned with murders and traffickers so more minor offenses usually get off easy here.

What are your thoughts on this practice?

I do something similar sometimes, although it is generally a last resort for me. Where I am, for misdemeanor cases such as alcohol-related traffic offenses, you get two chances to get a client off. The first is with a court trial in the lower court, which is similar to municipal court in other states. If you get an aquittal or a not guilty verdict in the lower court, double jeopardy applies and the client cannot be retried. If the client is found guilty, you get a de novo appeal, which is essentially another bite at the apple. The de novo appeal is heard in the higher court which, like you said, has murderers and traffickers. What is more similar to what you are describing is commonly known as a jury trial prayer. A Defendant is entitled to a demand a jury trial in a misdemeanor case when his is facing incarceration in excess of ninety days (federal requires more than 180 days). Demanding a jury trial has the effect of transferring the case to the higher court which has more serious cases. The downside to demanding a jury trial is that the Defendant loses his first bite at the apple and is then required to handle his case in the higher court. I prefer trying the case at the lower level court, then appealing in the event that I lose the first trial in order to give my client two chances to win instead of just one. The upside in the cases which I appeal or demand a jury trial is that my clients almost always do better after appealing a case or demanding a jury trial than they would have in the first court. I think a lot of that has to do with the fact that they deal with more serious cases in the higher court.

[Faust]

I've really enjoyed reading this thread. It's always a pleasure to read smart people discussing a topic they're knowledgeable about.

[renotime]

(03-06-2013 07:15 PM)WesternCancer Wrote:  

Don't you have to be read your rights or the arrest is not valid (could be just movie knowledge ha).

If they have all the evidence they need, they don't miranda you. They only do that if they intend to interrogate you.

But not issuing any of that other shit seems weird.


If you guys ever get pulled, say no to the field sobriety test. It's an added layer of them being being able to fuck you.

[elabayarde]

Well, Ill let you guys know the outcome.