Monday, October 27, 2014

Maryland DUI Lawyers Baltimore Driving Influence Penalty

Have you been charged with DUI in the State of Maryland?

Are you concerned about the consequences of being charged with DUI in the state of Maryland?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a crime of DUI in the state of Maryland.
If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

James v. State

Facts:

Defendant was convicted in the Circuit Court in Baltimore of driving under the influence of alcohol (DUI) per se, and was sentenced. The docket entries indicated that defendant was also convicted of driving under the influence of alcohol, driving while impaired, failing to drive right of center, and driving an uninsured vehicle (additional charges), and that these additional charges were merged at sentencing. Defendant appealed.
If you are facing a traffic case in the State of Maryland, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Maryland Court made the following holding:

  • Under the required evidence test, if all of the elements of one offense are included in the other so that only the latter offense contains a distinct element, the former merges into the latter. If each offense requires proof of a fact or an element that the other does not, there is no merger under the required evidence test. However, even when two offenses are separate under the required evidence test, there may still be merger under the rule of lenity. The rule of lenity, applicable to statutory offenses only, provides that where there is no indication that the Maryland legislature intends multiple punishments for the same act, a court will not impose multiple punishments but will, for sentencing purposes, merge one offense into the other. Under the rule of lenity, the offense carrying the lesser maximum penalty will merge into the offense carrying the greater maximum penalty.
  • Driving under the influence per se is not a lesser included offense of driving under the influence. It is a separate offense, as both driving under the influence and driving under the influence per se each have an element not found in the other. The criminal per se law is intended to supplement the existing prohibitions.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Contact our law firm today to speak with a lawyer today. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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