"Thanks for a job extremely well done in getting my DUI, negligent driving, and all 11 related charges dismissed prior to trial so I did not have to appear in court and also having my MVA hearing dismissed."~N.M.

"I was nervous about my DUI charges from the day I was charged until the day you called several days prior to trial indicating all charges would be dismissed and I would not have to appear in court. Thanks again for suggesting I not accept the state's offer to plead guilty."~~R.F.

"I selected Jack Hyatt because of his experience, knowledge and reputation. He thoroughly investigated my case, detected technical mistakes made during my arrest and had my DUI and all other charges completely dismissed at trial. If you are charged with DUI or any traffic charge, he is the lawyer you need to call."~~R.S.

"Your advice and efforts exceeded my expectations as you suggested I plead not guilty and my fourth DUI case was dismissed. I appreciate your answering all of my questions and keeping me informed throughout the entire case."~~R.J.

"I was thrilled to learn that you had my DUI case dismissed prior to trial and we did not even have to appear in court. I thoroughly recommend your services."~~D.G.

"I was extremely worried about my pending DUI charges due to two prior DUI convictions. Your aggressive representation was excellent in getting all DUI charges dismissed prior to trial. You were always available to answer my questions."~~T.D.

"Thanks for your outstanding representation in filing an effective appeal and getting my sentence reduced to PBJ on the appeal."~~M.L.

"Many thanks for getting my driving on suspended license charge dismissed so I did not have to appear in court."~~P.S.

"Thanks for advising me to plead not guilty and getting my DUI and negligent driving charges dismissed to I did not have to go to court."~~A.H.

" Thanks for suggesting I contest my Baltimore County driving on suspended license charge and getting my case dismissed.   Your representation was outstanding."~~M.A.

"The result you obtained in my third DUI case was outstanding. I wish I had known about you earlier. Thanks." ~~M.J.

"Thanks again for your aggressive representation in getting my MVA hearing dismissed and saving my license."~~F.F.

"Your straight forward answers to my questions were greatly appreciated. Thanks again for getting my Federal DUI dismissed."~~ S.E.

"Thanks for advising me to plead not guilty and getting all of my Prince George's County DUI charges dismissed." ~~S.R.

"Thanks for a job well done in getting my driving an uninsured vehicle dismissed so did not have to appear in court."~~C.F.

"Your representation and results exceeded my expectations in my DUI case."~~J.D.H.

"I appreciate all of your efforts in getting all of my Anne Arundel County DUI charges dismissed."~~R.E.

"I am so glad I selected you as my lawyer and did not plead guilty as I originally intended as your representation resulted in getting my driving on a suspended license charge dismissed. Thanks for a job well done."~~D.B.

" Your diligent representation was excellant in getting me a PBJ for my second DUI. The outcome was better than I expected. Thanks. ~~ I.A.

"Your strategy, motions and aggressive representation was excellent in my violation of probation case. Thanks for getting my probation continued especially as it was against the recommendation of the state?s attorney."~~ G.W.

" I'm glad I listened to you and plead not guilty as you were able to get all of my DUI charges in Baltimore County dismissed."~~H.L.

"Your representation in my Calvert County DUI case was outstanding. If anyone needs a lawyer in a DUI case you are the lawyer they need to call." ~~ J.B.

Illegal Stop

A vehicle operator cannot be stopped unless the police officer has a reasonable cause and can specify the basis to believe that a traffic law or other law has been violated.

Weaving between lanes

Weaving without crossing posted lines is usully not a violation of the law, and a vehicle cannot be stopped for that reason. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800.

Inaccuracy of sobriety testing

Persons with injuries, medical conditions, substantially overweight, and elderly persons may have special defenses to sobriety testing. Call Annapolis DUI Lawyer Jack Hyatt 410-486-1800 24/7.

There are studies that show that many sobriety tests do not completely show if a person is impaired or intoxicated. Showing factual sobriety can be used to contest the state's initial report of alcohol influence.

Breath Testing

Due to the fact as machinery has failure rates and the calibration of breath testing machines can be inaccurate, many defenses exist to challange a breath tests and the results.

Speedy Trial Issues

Certain delays in trial can result in having a case dismissed.

Lack of observation that the Defendant was operating the vehicle.

This defense does not work in all cases due to the doctrine of constructive possession. An example would be if the driver was seated in the front seat of the vehicle, with the engine running, a presumption exists that the person behind the wheel was driving. This presumption can be rebutted with evidence that may exist. Call Annapolis DUI Lawyer Jack Hyatt 410-486-1800

Do you have any witnesses that can help you? For example are there any witnesses that can truthfully be available to establish you were either not drinking or driving on the date in question?

Are expert witneses available

In some cases expert witnesses can be of help in connection with breathalzyer machines and sobriety tests.

Health Problems

Are there any physical problems that can affect the breath test or sobriety tests? If so they can be used in your defense. Call Annapolis DUI Lawyer Jack Hyatt 410-486-1800.

Lack of probable cause to arrest

A law enforcement officer must have specific facts to support probable cause for an arrest for DUI or DWI. Call Annapolis DUI Lawyer Jack Hyatt 410-486-1800.

You should be polite and do not do any act to make the police officer bring additional unwanted attention to your situation. If you are in your vehicle, you should provide license, registration, and insurance information

You have the right to ask the police officer if you can to leave the premises and if not, you also have the right to ask what the reason is you are being detained. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800.

If you are free to leave the premises, you should do so as quickly as possible.

Never volunteer additional information or offer any extra information.

If you do answer questions, keep your answers short and to the point, and most important, never admit anything.

Insist on seeing an attorney as promptly as possible. As you have the right to speak with a lawyer, you should not waive this right. A knowledgeable DUI can help you. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

Never admit to anything becasue what you say can be used against you.

YOu should never permit a search without a warrant.

You have the right to remain silent. Anything you say may be used against you in court. You have the right to have a lawyer present while you are questioned. If these warnings are not properly provided to you, you can request a dismissal of your case. This will be an issue the court will have to decide. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800.

Probable cause is facts or circumstances that are known to a reasonable person that could indicate that a crime may have occurred and that a specific individual might have committed the crime. A law enforcement officer must have probable case in order to get a warrant.

Many traffic cases permit lower standard call resaonable reasonable suspicion. I

When dealing with the police, keep your hands in full view so they can not assume you are going for a weapon. Call Annapolis DUI Lawyer Jack Hyatt 410-486-1800 24/7.

Questioning

Interrogation isn't always with forceful language. Many times it can seem like a normal discussion. The reason is because the police officer wants you to speak freely and does not want you to remain silent. In the event a law enforcement officer asks you anthing except your name, you should advise you want to call a lawyer and that you wish to remain silent.

Once you announce your right to remain silent, your Miranda rights automatically come into effect. Once this is done, the law enforcment oficers are required to cease questing. In the event that they continue questioning you, you should repeat that you elect to remain silent.

You should keep in mind that anything that you say can be used against you in court and can often make the difference in the result of your case in the event you have to stand trial.

Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

Making a Written Record

Whenever you are confronted by the police write down what is said and who said it. Make a note of the badge number for each police officer, the police vehicle numbers and all contact information. Make a record of all events. Observing and and writing everything down may be very helpful to your case in the future. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

How Sobriety Test Work

Field Sobriety Testing is a set of several administered to seek if factors are present. These factors are called cues. The goal is to attempt to determine if he subject is impaired or intoxicated. T

The basic tests are the horizontal gaze nystagmus, the walk and turn test and the one leg stand test. Becasue these tests are dependent upon being administer according to established rules, and ofter they are not, many times the results of the tests are not one hundred percent accurage accurate in attempting to make the determination. Each test contains certain indicators which are called cues. The cues are used to evalaute the subjects's performance.i

Horizontal Gaze Nystagmus Test

Horizontal gaze nystagmus is a normal occurring involuntary jerking of the eyeballs as they gaze from one to side ot the other side. The theory behand the test is if the jerking is increased by the presence of alcohol.

The officer is trained to watch the eyes of a suspect as the eyes follow an object that is movedin front of the eyes. Frequenetly a pen or flashlight is used being moved back and forth horizontally. The object is held 12-15 inches in front of the subject's fact, with the tip above the eyes. As the suspect attempts tracks the object with the head remaining still the officer is trained to look for three indicators whcih are called cues in each eye.

First - to determine if the eye cannot follow the stimulus smoothly.

Second - The presencse distinct nystagmus when the eye is at maximum deviation. This means that the eyeball moved horizontally as far as it can go. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800.

Third - That the angle of onset of nystagmus is prior to 45 degrees from center. The basis of the test if to determine if four or more cues are present. Some tests have conluded that if the subject shows four or more cues there is a 77% probability that of a bac or.10 or more.

Walk and Turn Test

There are two parts to the the walk and turn test. First is the the instruction stage. Second is th ewalking stage. In the instruction stage the subject is told to stand on a line with the feet in the heel to toe position left foot in front of right, keep the arms down at the sides and listen to instructions. The subject is told not begin until being told to do so.

The subject is requested to take nine steps, heel to toe along a straight selected line while counting the steps out loud and watching his feet and to turn and return on the same line.

The officer is trained to look for four eight cues of impairment: During the Instruction Stage 1. The subject loses balance during the instruction stage by breaking away from the heel to toe stance.

2. The subject starts walking before the instructions are finished. During the Walking Stage

3. The subject stops while walking to steady self

4. The subject does not touch heel to toe by missing by at least one-half inch

5. The subject steps off the line

6. The subjectuses arms for balance by six inches or more

7. The subjectloses balance or turns improperly

8. The subject takes the wrong number of steps.

Officers are supposed to give the the walk and turn test on a hard, dry, and non-slippery surface, and in a well lighted area. Officers are also instructed that people more than 60 years old, over 50 pounds overweight, or with physical disabilities that affect their balance should not be given the test.

Officers are taught that a straight line that the suspect can see must be used, and to remain motionless and stand three to four feet away from the suspect during the test.

Officers are trained that individuals wearing heels should be given an opportunity to remove their shoes.

The test is supposed to reveal that if the if a suspect exhibits two or more cues there is a 68% probability that of a bac of .10 or more.

Once Leg Stand Test

There are two stages to the one leg stand test: (1) the instruction stage, and (2) the balancing and counting stage.

The officer is trained to look for four cues of impairment

Swaying while balancing a noticeable sway in a side to side or back and forth motion

Using eitehr arm to balance. The arms must raise from sides more than six inches

Hopping to maintain balance and putting the foot down.

Officers are trained to administer the one leg stand test on a hard, dry, and non-slippery surface, and in a well illuminated area. Officers are instructed that people more than 60 years old, over 50 pounds overweight, or with physical impairments that affect their balance should not be given the test.

Officers are also instructed to remain motionless during the test and stand away from the suspect.

Officers are trained that individuals wearing heels more than several inches high should be given an opportunity to remove their shoes.

Officers are trained that if a suspect exhibits two or more cues there is a 65% probability that the subject has a bac of .10 or more.

If any of one of the standardized field sobriety test elements is changed, the validity is compromised.

DUI Terms

BAC - Blood Alcohol concentration, expressed as a percentage of the milligrams of alcohol present in 100 milliliters of blood.

Ignition Interlock - An ignition interlock is a machine that is placed in your vehicle that prevents a vehicle from starting if it detects a blood alcohol concentration or BAC over a certain amount.

Breathalyzer

This is a machine that is used to estimate blood alcohol content in the body based on the analysis of a breath sample.

Drunk driving Is also known as DUI or driving under the influence.

One leg stand Test – Is a test that requests the subject to stand on one leg and to follow certain instructions givenby the officer. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800.

DWI DWI is driving while impaird and in Maryland is a lesser offense than DUI.

Expungement

Expungement is the process of attempting to removing a record after a conviction.

FST

Field Sobriety Tests are a series of tests that are given to attempt to determine if the subject is driving while impaired or driving while intoxicated.

Preliminary Blood Test

This is preliminary test by a portable device usually at the scene where the stop was made.

Per se

In Maryland is the results of a breath test or blood test is .08 or more, the state can obtain a conviction of DUI in many instances with without the use of other obersations.

Burn Off

Burn off is the ability to metabolize alcohol and reduce the blood alcohol content over a certain period of time. The burn off rate of alcohol varies from person to person and depends upon many factors such as size and weight. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800.

Maryland Penalties for DUI and DWI.

The maximum penalties for DUI is 1 year and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense. A DUI conviction also carries 12 points on your licnese.

Driving while impaired by alcohol which is called DWI is established by proving the Defendant was driving at such time that the bac was .06 or .07. The maximum penalty for a conviction of DWI is 60 days and $500 for a first offense and one year and $500 for a subsequent offense. A DWI conviction can result in 8 points being a a record.

If the convicted persion has been found guilty of DUI or DWI has not had a prior DUI or DWI in Maryland within the previous 5 years, there may be an eligiblility for probation before judgment or PBJ. When a driver gets PBJ, they are placed on either supervised or unsupervised probation.

First state you want to call your lawyer and do not not admit anything.

The first step you should take is to tell the police officer that you wish to call your lawyer. Our number is 410-486-1800. If you are in your car, you are required to provide your license, registration, and insurance information. You should not do anything to provoke the police officer which if done could result in elevate charges. If you are being arrested or detained, you have a right to know why. If not, ask if you are free to go and if so leave immediately. Everything you say to the police is important, and may be recorded. Never offer any additional information. lf you do answer questions, keep them very short and to the point; never confess. Always Be Polite

First and foremost remember that police are people too, and also remember that law enforcement is a difficult and dangerous job. With that in mind, you should always deal with the police in a calm, polite, and professional manner. But being polite does not mean that you should ever, under any circumstances, give up your rights.

Never admit to anything to anyone.

You should state that you want to see a lawyer. You have the right to do make a call at the time of your stop. You should not speak with the police without consulting a lawyer. If you speak to the police prior to speaking with a lawyer, you will be giving up a valuable right. Never agree to go to a police station to answer questions unless you are ordered to. You should also never confess.

Always protest a search

Even if a search is being conducted by a court order or warrant, you should never consent because it may be possible that a defect may exist in warrant or court order and the search can be found to be invalid

YOu should be aware of your body movement and body language.

Be aware of your hand movements and body language. The police are going to be observing every motion that you make. Police officers are trained to interpret certian movements to determine if you are telling or not telling the truth. You should not volunteer any statments on your own. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800.

Before the law enforcement officer questions you for DUI, once you are in custody, he or she must tell you that:

You have the right to remain silent. Anything you say may be used against you. You have the right to have a lawyer present while you are questioned. If you cannot afford a lawyer, one will be appointed for you. These are your Miranda rights, guaranteed by the constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used in court.

Mailing Address:
(By Appointment Only)
Jack I. Hyatt
1866 Autumn Frost Lane
Baltimore, MD 21209-1131

Visiting this website does not establish an attorney client relationship between you and Jack I. Hyatt. The content of this website is for informational purposes only, is not intended to constitute legal advice or to be a substitute for legal advice. You should not depend upon the content as legal advice. Because laws change, there may be laws that have become in effect after this was published which is another reason you should not rely upon the content of this website. For any legal advise you should contact a lawyer. No part of this site can be reproduced with out the direct and written permission of Jack I. Hyatt.