Tuesday, March 17, 2015

“BLURRED LINES” CONSTITUTIONAL DUI AND DWI DEFENSE: MARYLAND "BEST10" AIDUIA ATTORNEY


www.charlesjeromeware.com “Here to make a difference”

 

Constitutional concepts surrounding the 4th, 5th and 6th Amendments play a significant role in defending against DUIT and DWI (“Drunk Driving”) charges.
 

The key principle of the 4th Amendment is that people must be secure in their homes, cars, documents, other belonging as well their person.  The public must be secure against “unreasonable searches and seizures”.

 
The main principle of the 5th Amendment is that persons accused of crimes cannot be compelled to testify or present any evidence against themselves.  You have a right to remain silent [Miranda v. Arizona, 384, U.S. 436, 86 S.Ct. 1602].

 

The principle of the 6th Amendment is to insure that an accused has access and the right to an attorney at all critical stages of criminal proceeding (including DUI and DWI cases) [McNutt v. Superior Court, 133 Ariz. 7 (1982)]
 

ABOUT ATTORNEY CHARLES WARE

 www.charlesjeromeware.com “Here to make a difference.”  We can help you. Guaranteed.

 
Among his numerous other legal awards and honors such as “America’s Best Attorneys and Counselors”, “U.S Super Lawyer”, “Top Lawyers in America”, “Top Attorneys and Counselors in the U.S.”, “Top Lawyers  in Maryland”, and winner of the National “Charles Hamilton Houston Award for Outstanding Litigation.” Premier criminal defense attorney Charles Ware is recognized and ranked by his many satisfied clients as well as his legal peers as “One of the 10 BEST DUI and DWI attorneys in the State of Maryland,” as confirmed from research, surveys and other investigation by The America Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

 

Attorney Ware is also the founder and senior partner of the Maryland-based national criminal defense and civil trial law firm Charles Jerome Ware, Attorneys and Counselors, LLC.  For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.  

 

 

Thursday, March 12, 2015

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Attorney Charles Ware's Blog: DUI AND YOUR REPUTATION--- HOWARD COUNTY MARYLAND...: www.charlesjeromeware.com                         " Here to make a difference." " U.S. SUPERLAWYER" and Maryland "...

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DUI CHECKPOINT "BLURRED LINES": MARYLAND "10 BEST" DUI & DWI ATTORNEY CHARLES WARE

www.charlesjeromeware.com        " Here to make a difference."

For an initial courtesy consultation with premier  U.S. SUPERLAWYER and "MARYLAND 10 BEST DUI and DWI " defense attorney Charles Jerome Ware, call us at (410) 720-6129  or  (410) 730-5016. We can help you.

Legal and practical considerations involving DUI or sobriety checkpoints present complex "blurred lines" law enforcement due process  issues. On the one hand, according to the Supreme Court of the United States (SCOTUS), has ruled that DUI checkpoints are a legal and valid law enforcement tool
[ Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990)].  On the other hand, police DUI or sobriety checkpoints are not without restrictions, and consequently must be implemented by rules.
For example:

(1) DUI or Sobriety Checkpoint Plans Must Be Vetted and Submitted in Advance for Approval.
     The purpose here is to insure that proper legal standards are followed by officers.

(2) Breathalyzer Tests Can Only Be Administered if there is "Reasonable Suspicion " that the   suspect is intoxicated. Breathalyzer tests administered without legally particularized suspicion are a clear violation of a person's 4th Amendment rights, and thus illegal.

(3) DUI or Sobriety Checkpoint stops must be RANDOM. Police simply cannot pick-out certain cars they want to stop, detain and question, or use any subjective standard for the stop. Arbitrariness is forbidden and is therefore unlawful.
.