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When Can a Gun Accident in Maryland Be Charged as Manslaughter?
Some shooting accidents are just that – accidents. A firearm may accidentally discharge during a hunting trip, during target practice, or when an individual is cleaning his or her gun. However, under Maryland law, an "accident" does not always shield someone from criminal charges. If the prosecutors believe the shooting involved reckless or grossly negligent behavior, the accused could potentially face manslaughter charges.
Manslaughter is a felony that carries serious prison time and a criminal record for life. It is important to understand how the state defines involuntary manslaughter in the context of gun accidents if you own or handle firearms. Because one instant that results in a gun accident can change your life forever, you must consult with a highly experienced Silver Spring, MD criminal defense lawyer.
Defining Manslaughter in Maryland
Manslaughter in Maryland refers to the unlawful killing of another person without malice. In this state, manslaughter is divided into voluntary manslaughter and involuntary manslaughter. Intent is not a legal requirement for either type of manslaughter. Voluntary manslaughter occurs in the "heat of passion," as a result of provocation that caused a loss of self-control.
Is a Warrant Required for a Maryland DUI Blood Draw?
Like most states, Maryland has implied consent laws (Maryland Transportation Code Section 16-205.1) that require drivers to consent to a chemical test when under suspicion of DUI. While a driver can refuse a breathalyzer test, there are immediate consequences in the form of a suspended license.
For a first DUI offense, refusal to submit to a breathalyzer test results in a suspended driver’s license for 270 days, while a second or subsequent DUI refusal can result in two years of suspension. The driver can request an MVA hearing to challenge the suspension and may be allowed to drive with an ignition interlock device.
If you refuse a breathalyzer test, can the police force a blood draw, even in the face of your refusal? The answer to that question is not a simple one, as states attempt to balance law enforcement’s need for evidence with drivers’ Fourth Amendment rights. If you are facing DUI charges, the sooner you speak to a knowledgeable Silver Spring, MD criminal defense attorney, the better your outcome is likely to be.
How HB 105 Changed Who is Required to Have an IID in Maryland
Maryland House Bill 105 significantly expanded the ignition interlock laws for DUI and DWI offenses almost a year ago, making IID devices mandatory for a broader range of offenders, including some first-time DUI offenders. Before the passage of HB 105, ignition interlock devices were primarily required for those with repeat DUIs or with very high BAC levels.
If you are facing DUI/DWI charges in the state of Maryland, you must speak to an experienced Silver Spring, MD DUI lawyer as quickly as possible. The sooner your attorney is able to begin building a solid defense on your behalf, the better your outcome is likely to be.
What HB 105 Changed
Maryland’s HB 105 built upon Noah’s Law to further strengthen the state’s efforts to combat drunk driving. Noah’s Law was named after Officer Noah Leotta, who was killed by a drunk driver in 2014. HB 105 introduced additional provisions aimed at expanding the scope of Noah’s Law, including the following:
Can You Get a DUI in Maryland on an E-Bike or Scooter?
As e-scooters and e-bikes are on the rise across the United States, many people mistakenly assume these devices are "safe" alternatives to driving after a night of drinking. In fact, Maryland’s DUI laws may still apply, even when you are not "driving" a traditional vehicle. In some cases, operating certain electric vehicles while impaired can still constitute a violation of the law and result in criminal charges.
It is important to understand how the state addresses alternative forms of transportation and DUI charges. If you should find yourself charged with DUI or DWI after driving an electric bicycle or scooter while under the influence, do not assume that the issue is not serious and cannot have serious consequences. The sooner you speak to a Silver Spring, MD DUI attorney, the better outcome you are likely to have.
What Are Maryland Laws Regarding DUIS and Vehicles?
Under Maryland Transportation Code Section 21-902, no person shall drive a "vehicle" while under the influence of alcohol or drugs. The legal limit or BAC in the state is 0.08 percent. Title 11, Subtitle 1, § 11-176 of the Transportation Article of the Maryland Code defines a vehicle as "any device in, on, or by which any individual or property is or might be transported." Under this broad definition, the following could be included under the vehicle definition:
Breath Tests in Maryland DUIs: PBT vs. Police Station Results
If you are pulled over in Maryland on suspicion of DUI, you may be asked to take a Preliminary Breath Test, also known as a Portable Breath Test (PBT). This is a handheld breathalyzer used to determine probable cause for arrest. It is essential to note that, unlike the more accurate breathalyzer test administered at the police station, the PBT is not admissible in court and can be refused without incurring any legal penalty, just like field sobriety tests.
The police station breathalyzer (often an Intoxilyzer or Intoximeter) is administered under strict protocols, resulting in a "formal" Blood Alcohol Concentration (BAC) reading and is legally binding under Maryland’s implied consent law. To be clear, you can refuse the PBT without facing immediate legal consequences for doing so.
That said, refusing a PBT can provide the officer with probable cause to arrest you for DUI, and refusing the station breathalyzer can result in a license suspension. If you are facing DUI charges, the best step you can take is to speak to an experienced Silver Spring, MD DUI lawyer who can immediately begin building a solid defense on your behalf.
Points on a Driver’s License: An Often-Overlooked DUI Penalty
Under the recently passed Maryland HB388, Maryland drivers convicted of DUI now face stiffer penalties in the form of 12 points assessed against the driver’s license by the Motor Vehicle Administration. When most of us think about the consequences of a DUI, we focus on fines, possible jail time, and the loss of driving privileges. With this new increase in points for a DUI conviction, this also becomes a major consequence.
Twelve points on your driver’s license result in a license revocation, increased insurance premiums that can last for years, and mandatory driver improvement programs. Losing one’s driving privileges in our mobile society can be devastating.
Public transportation may not accommodate the commute to and from work, taking children to school, and running the many errands most of us face on a regular basis. If you are facing DUI charges, the best step you can take is to speak to a knowledgeable Silver Spring, MD DUI lawyer who will work to minimize the adverse consequences.
Prince George’s County Man Arrested for Child Pornography
Recently, the Maryland State Police arrested a Prince George’s County man, charging him with seven counts of possession of child pornography, seven counts of accessing and viewing child pornography, and seven counts related to the production of child pornography. The investigation began in December 2024 by the Maryland State Police Computer Crimes Unit.
Child pornography is a serious crime that can result in many years in prison, along with other serious penalties. If you are facing charges of child pornography, you need a strong, aggressive Silver Spring, Maryland sex crimes lawyer who understands that a conviction for this crime could follow you for the remainder of your life.
What Is Child Pornography in Maryland?
Child pornography, under the Annotated Code of Maryland, Criminal Law Article, Title 11, Subtitle 207, prevents a person from causing, soliciting, or knowingly allowing a minor to engage as a subject in the production of obscene material. A person may not photograph or film a minor who is engaging in any type of sexual or obscene acts or sadomasochistic abuse. Nor may a person use a computer to depict a minor engaging in sadomasochistic abuse, sexual conduct, or an obscene act.
Charges in Maryland for DUI With a Child in the Vehicle
DUI charges are always serious, even for a first DUI with no extenuating circumstances. Some factors can add enhancements to DUI penalties, and one of these is being charged with DUI with a child in the vehicle. Enhanced penalties can result in severe penalties that can have long-term consequences, including even the possibility of losing custody of your children.
Speaking to a highly skilled Silver Spring, MD DUI attorney can be exceptionally beneficial after being charged with DUI while transporting a child. Your attorney will work hard to protect your rights and future, minimizing the long-term effects of your DUI charges.
DUI Laws in Maryland
There are two types of drinking and driving offenses in the state of Maryland. The first and most severe offense is DUI or driving under the influence. A person with a blood alcohol concentration (BAC) of 0.08 percent or higher is assumed to be impaired or "under the influence per se."
Could Your Job Result in a Falsely High BAC?
Breathalyzers can be adversely affected by many different substances and factors. One of those happens to be your profession. People who routinely work with lacquer, paint remover, cement, cleaning fluids, varnish, oil-based paint, gasoline, and other highly volatile organic compounds (VOC chemicals) can retain sufficient fumes in their breath to cause a false positive on a breathalyzer.
Breathalyzer machines are unable to distinguish between alcohol and these compounds, which are often a part of a person’s job. If you paint homes for a living, varnish cabinets, work at a dry-cleaning shop, are a pipefitter, a service station attendant, or any number of other similar jobs, you may have registered a falsely high reading on a BAC test and were subsequently arrested and charged with DUI.
These are serious charges with both short and long-term repercussions in the state of Maryland. If you are facing DUI charges, it is important that you speak to an experienced Silver Spring, MD DUI lawyer as quickly as possible. Your attorney will begin building a solid defense on your behalf and can guide you through the DUI administrative and criminal processes as well.
Could Your Age Be an Adverse Factor in a DUI Arrest?
A DUI arrest – regardless of your age – can cause you significant problems for a very long time. While the immediate consequences, including the loss of your driver’s license, a public DUI trial, and the potential of a sentence of jail time, can derail your life, the collateral consequences can be equally damaging. You could face extremely high auto insurance rates for years, an inability to obtain employment, and damage to personal relationships.
While nobody is in favor of impaired drivers on the roadways, a significant number of DUI arrests are based on flawed information from field sobriety tests and breathalyzer tests. The variables associated with BAC levels can include age, weight, gender, diet, medications, illnesses, and even your job. (Those who regularly work with fumes from chemicals, paints, or adhesives can have falsely high BAC readings.)
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The Law Offices of Gerstenfield & Demirji, PC.
8720 Georgia Ave., Suite 301
Silver Spring, Maryland 20910
301-589-9500
