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Portner & Shure

Testmonials

Dear Mr.Ruby, Mr. Shure, Mrs. Horseman and Mrs. Linton: I would like to express my appreciation to your professional support and guidance during the 3 overwhelming years. I was involved in a car accident. Mr. Shure came to my home and provided assistance the day after the accident. Then, your paralegals, Sandy and Dawn assisted me on each steps and kept me updated. Mr. Ruby answered my questions and phone calls. He tried and settled my case successfully. Your team professional services is the key in the success of my case. I will recommend your firm to my friend Thanks again!

-Lisa Zhang
I got into a really bad car accident and had no clue what to do. Luckily I called Portner & Shure. Thanks to them I did not have to experience the stress of talking to the insurance company's, or the hassle of gathering additional information about my case. Portner & Shure did it all. They handled all of my medical bills, and even provided a convenient chiropractor that was amazing and made me feel like myself again. They also offered a settlement that I was very pleased with.The staff were friendly and respectful. My questions were answered promptly and in great detail. I felt like I was in good hands throughout the entire process Portner & Shure is top notch. They exceeded my expectations. I recommend this law firm to anyone who refuse to settle for less.. Thanks again Portner & Shure for making this tragic experience a stress-free process and providing a satisfying result.

Jessica Tabron, Montgomery County, MD
First of all I thank God to be alive and I thank you for helping me with my case. God bless you all. It was a great pleasure. Thanks.

Angel Regina Reyes de Hernandez
Pam Brown was the paralegal that was handling my case. She was wonderful. She was always pleasant to speak with on the phone and she always kept me updated on my case. I think her professionalism is a testament to the entire team of Portner and Shure. Thank you guys for everything. Jun Jie Liu

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THE EIGHT (8) THINGS YOU NEED TO KNOW IF YOU WERE ARRESTED FOR DUI and/or DWI

1. What should I do if my license was confiscated by the Police?

In these instances you were most likely issued a “temporary driver’s license”. The white copy should be kept in your glove box and it permits you to continue driving for 45 days. After that time your license will be suspended unless you “timely” seek an extension or modification to drive for limited purposes, including school, work or alcohol education or treatment. The request must be postmarked within ten (10) days of your arrest to ensure uninterrupted driving privileges until your hearing date.

An administrative hearing may enable you to obtain a modification so you can drive. In these cases you cannot have: (1) refused the breathalyzer test; (2) have a blood alcohol content (BAC) level more than 0.15; or (3) have had another offense within the previous five (5) years. If you answer any of the above in the affirmative you still may be able to drive if you have the interlock device installed in your vehicle. This device is installed on the vehicles dash board. Before the vehicle can be started, the driver must first exhale into the device. The vehicle will not operate if alcohol is detected.

2. How long will my license be suspended?

For breathalyzer tests over 0.08 but less than 0.15, the driver’s license maybe suspended for 45 days for a first offense and 90 days for a second or subsequent offense.

If the BAC result is 0.15 or more, the driver’s license may be suspended for 90 days for a first offense and 180 days for a second or subsequent offense.

The suspension for a refusal to take the field sobriety test is 180 days for a first offense and one year for a second or subsequent offense.

3. How many hearing appearances do I need to attend?

Two if you request a MVA hearing. When charged with DUI or DWI you face punishment with both criminal charges and driving priviliges in both the Motor Vehicle Administration http://www.mva.maryland.gov and the District Court of Maryland http://www.courts.state.md.us/

4. Drunk Driving in Maryland and Virginia, What does the State need to prove for a conviction?

First, there must be a legal stop. The arresting officer must be able to testify that he had a reasonable suspicion of a crime or traffic violation. Next, the first element of the crime of DUI (driving under the influence) or DWI (driving while intoxicated) is “driving” or “operating” a motor vehicle. The issue centers around a persons “control” over a motor vehicle. The vehicle need not be in motion, or the engine be on, to satisfy this element. If you are behind the wheel of a car, and the keys are nearby, you will be considered an operator of a motor vehicle.

The inquiry with respect to control must take into account: (1) whether or not the vehicle’s engine is running, or ignition is on; (2) where and in what position person is found in vehicle; (3) whether the person is awake; (4) where ignition key is located; (5) whether headlights are on; and (6) whether vehicle is located in roadway or is legally parked. Atkinson vs. State, 331 Md. 199 (1993)

Next is the element of intoxication. This must be proven by: (1) a blood alcohol level in excess of a certain amount, or (2) showing by field tests that the driver of the vehicle was impaired from using alcohol or illegal drugs. The level of concentration needed to prove guilt is .07 or above. The results of the tests are usually considered conclusive, and can be challenged only by showing that the test failed for a reason such as faulty or malfunctioning test equipment, improper sampling, or faulty presentation of the sample.

Law enforcement officers also have a number of standard tests done at a time driver is stopped, known as “field sobriety tests”. These tests include, the horizontal gaze nystagmus test, walking a straight line by placing one foot directly in front of the other, holding one’s arms straight out at the sides and touching the nose with eyes closed, counting backwards, and reciting the alphabet. Other evidence of impairment may include the officers observation of the defendants driving, including: (a) speeding; (b) weaving; (c)going through a stop sign or traffic signal.

5. What is “blood-alcohol concentration” or “blood alcohol level”?

Blood-alcohol concentration (BAC) is the level of alcohol in the blood stream from drinking alcoholic beverages. BAC readings are used in Court as evidence in drunk-driving cases. The most common method of measurement is a breathalyzer test. A result of .08 or higher may establish a presumption of intoxication.

6. Can I refuse a Breathalyzer test?

You may refuse to take the Breathalyzer test, and in some instances, for prior offenders, a refusal might be the right decision. However, a refusal itself is a criminal violation and carries its own penalties. For example, in Maryland if you refuse to take the breathalyzer test, you are “presumed” to have been intoxicated. Further, refusal triggers an automatic license suspension.

In Virginia the suspension is one (1) year, in Maryland it is one hundred twenty (180) days.

7. If its not my first DUI, is the sentence automatically longer?

No. Before trial the State must provide you, or your attorney, notice that it is seeking enhanced penalties. If it does not do so you should be treated as a first offender. Md. Rule §4-245 sets forth this required notice: (1) if it’s a Circuit Court case notice must be received fifteen (15) days before trial, and (2) and if its District Court five (5) days before trial.

8. What happens if I am convicted of DUI in the District of Maryland, or in the General District Court of Virginia?

In both cases you have the right to a new trial in the Circuit Court.

Accident Lawyers in Maryland, Virginia & Washington DC

For over fifteen years the attorneys at Portner & Shure have been representing victims injured in automobile accidents. You may request a free consultation with our personal injury accident lawyers in Maryland, Virginia & Washington D.C., to make sure you get the benefits you are entitled to.

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