Posted on December 10, 2024 in DUI

Breathalyzer tests are commonly used as a means of proving a defendant’s blood alcohol level was over the legal limit of 0.08 percent. Although breathalyzer tests have many shortcomings, they are still considered the "gold standard" by law enforcement and are frequently used to convict people of DUI in Maryland and across the nation. Diabetics who are given a DUI breathalyzer test are at a definite disadvantage and could be unfairly convicted of DUI.

If you believe your breathalyzer test was inaccurate because of your diabetes, it is essential that you have an experienced Silver Spring, MD DUI attorney from The Law Offices of Gerstenfield & Demirji, PC.. We will strongly defend you against these charges, including bringing in experts who can testify about how diabetes can adversely affect breathalyzer tests.

How Many People in the U.S. Have Diabetes?

When a person has diabetes, his or her body does not effectively use or produce sufficient insulin. Insulin is a hormone that converts food into energy. A person could be diagnosed with Type 1 or Type 2 diabetes. Type 1 diabetes is typically diagnosed in childhood and affects about 6 percent of the population.

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 Posted on November 22, 2024 in DUI

A DUI charge has the potential to upend your life. On a conviction, Maryland drivers could face jail time, high fines, suspension of driving privileges, and a requirement to install an expensive interlock device just to drive again. A reputable DUI lawyer can defend you in a court of law, ensuring that your rights are protected and every possible angle for your innocence is examined. The Montgomery County, MD attorney at The Law Offices of Gerstenfield & Demirji, PC. has litigated thousands of cases on behalf of his clients, receiving everyone he represents with warmth and compassion. Mr. Demirji will go to great lengths to protect his clients from DUI charges, using well-founded legal strategies to make a compelling case.

Unlawful Police Procedure

During a traffic stop and arrest, police officers are obligated to follow certain procedures and policies. If it is found that the officer did not stick to these procedures, your case might be thrown out altogether. One of the most common violations of police procedure is the absence of probable cause, meaning that the officer did not have a valid reason to pull you over. If you were complying with all the rules of the road, any evidence obtained from a traffic stop could be inadmissible in court. A DUI defense lawyer will interrogate the reason behind the stop to determine if it was grounded in facts rather than arbitrary suspicion.

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 Posted on November 12, 2024 in DUI

A conviction of DUI charges in Maryland is something to be avoided at all costs. Just for a first offense, driving under the influence is a misdemeanor punishable by up to a year of jail time and a possible $1,000 fine. Beyond that, you can expect a significant hike in insurance premiums, and the suspension of your license for up to six months. These consequences have the potential to set your life back for years, alongside the added stigma of a criminal record. The Montgomery County DUI lawyer at The Law Offices of Gerstenfield & Demirji, PC. is available 24/7 for consultation, handling any case with warmth and compassion. If you are stopped on suspicion of driving under the influence in Maryland, you should know your rights and what you can and cannot refuse.

Field Sobriety Tests

After a police officer pulls you over, you may be asked to perform certain roadside tests. The standardized tests include following an object’s horizontal path with your eyes, standing on one leg and counting, or walking and turning after a certain number of steps. These tests are all designed to catch you out even if you are entirely sober, and will be used as evidence against you in the trial. Furthermore, any number of variables including the time of day, the road surface, and the weather could work against you, causing you to fail the test. 

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 Posted on October 23, 2024 in DUI

Facing a DUI charge in Maryland can be daunting and overwhelming, with potential consequences that could change your life forever. This is where the guidance of a criminal defense attorney becomes incredibly important. Your lawyer will provide three essential services designed to support you during this challenging time.

Understanding Your Case and Planning a Defense

The first thing your lawyer will do is look carefully at your case. They will gather evidence like police reports, videos, and test results to figure out what happened. This helps them plan the best defense for you. Here is how your lawyer will do it:

• Finding mistakes – Your lawyer will check if the police made any errors during your arrest. If they did, it might help get your charges reduced or dropped.

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 Posted on October 07, 2024 in Criminal Defense

 In Maryland, laws about guns and other weapons are strict. A lawyer experienced in criminal law can help you understand these laws if you are facing charges. Maryland is a state where weapons crimes may be charged as felonies in some instances. If you are facing felony weapons charges, there is hope for you. To fight the charges, contact an experienced attorney who will then begin building your defense.

What Does Possession of a Destructive Device Mean in Maryland?

Having a destructive device is a very serious crime in Maryland. But what constitutes a destructive device? Destructive devices are defined in Maryland as:

• Explosives – These are materials that can cause explosions, such as dynamite or grenades.

• Homemade bombs – Any device made to explode, even if not professionally made, is strictly illegal.

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 Posted on September 24, 2024 in Criminal Defense

When people face homicide charges in Maryland, a critical aspect of their case hinges on the degree of the offense. This distinction often determines the severity of penalties. No matter what degree of murder charge you are facing, contacting and hiring a lawyer is something you must strongly consider doing. Without a lawyer, any chance of successfully defending your rights and freedoms through criminal proceedings will be greatly reduced.

Here is When Murder is a First Degree Offense

Murder that is Premeditated, Deliberate, or Intentional

First-degree murder in Maryland often involves premeditated, deliberate, or intentional actions. This definition indicates that the perpetrator had a clear intention to kill and formulated a plan prior to the act. The law requires that the accused must have had a considerable amount of time to reflect on the decision, turning it into a calculated action rather than a random one.

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 Posted on September 10, 2024 in DUI

Driving under the influence(DUI) is a serious offense in Maryland, and understanding the circumstances that elevate DUI to a felony is important not only for drivers in the state but also for anyone charged with DUI. Several factors can lead to felony DUI charges, including having a child passenger, repeat offenses, and extreme DUI situations. Regardless of whether you are facing misdemeanor or felony DUI charges, a qualified attorney can help you fight the charges and protect your freedoms.

DUI with a Child Passenger

One of the most significant factors that can turn DUI into a felony in Maryland is having a child passenger in the vehicle. The law considers this a severe offense due to the additional risks posed to minors. Key points to consider include:

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 Posted on August 27, 2024 in Criminal Defense

Navigating the legal landscape can be difficult, especially when it comes to understanding terms like "assault" and "domestic violence." In Maryland, these terms refer to different legal scenarios, and knowing the distinctions can be crucial for those who may be facing criminal charges. While both involve harmful actions, the principal difference lies in the relationship between the alleged victim and the alleged offender. If you are facing charges, contact a lawyer as soon as you can. 

Defining Assault in Maryland

In Maryland, assault is classified into two degrees: first-degree assault and second-degree assault. First-degree assault is the more serious of the two and involves an attempt to cause serious bodily harm or the use of a deadly weapon with the intention to inflict injury. First-degree assault can lead to severe legal consequences, often involving lengthy prison sentences.

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 Posted on August 12, 2024 in DUI

With the legalization of recreational marijuana in Maryland, many people are left wondering about the implications of its use, especially when it comes to driving high. While adults can legally possess and use marijuana, driving under the influence remains illegal. Law enforcement officers are vigilant about keeping the roads safe, and those suspected of driving high on marijuana can face serious penalties. If you are facing charges related to allegedly driving under the influence of marijuana, contacting a lawyer to understand the charges and potential defense strategies is essential.

Marijuana-Related DUI Offenses in Maryland

In Maryland, driving under the influence (DUI) of marijuana is treated similarly to alcohol-related offenses. Maryland law prohibits operating a vehicle while impaired by drugs, including cannabis. Police may decide to charge a driver with DUI based on evidence of impairment, even if there is no alcohol involved in the situation. The penalties can include fines, a suspended license, and potential jail time, making it important to approach any charges in a strategic way.

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 Posted on July 29, 2024 in Violent Crimes

Manslaughter is a serious criminal charge, and in Maryland, it is categorized into two types: voluntary and involuntary. Both forms involve the unlawful killing of another person, but they differ significantly in terms of intent, circumstances, and potential legal consequences. Understanding these differences is crucial if you are facing such charges, as is hiring an aggressive and experienced criminal defense attorney.

Voluntary Manslaughter: A Crime of Passion

Definition and Elements

Voluntary manslaughter occurs when a person intentionally kills another person but does so in the "heat of passion," provoked by a situation that would similarly provoke a reasonable person. The defining characteristic here is the presence of adequate provocation, which causes a loss of self-control.

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