Criminal Law - DWI & Traffic

alt

alt

Traffic & Criminal Law

Most traffic tickets are called "infractions." But certain traffic offenses are categorized as "misdemeanors" or even "felonies", and can result in more significant fines, loss of driving license, or even imprisonment.

People accused of serious traffic violations are entitled to all constitutional protections, including the right to a jury trial.

Examples of traffic misdemeanors:

  • Driving under the influence of alcohol or drugs,
  • Failing to stop at the scene of an accident,
  • Driving without a valid driver's license,
  • Reckless driving.

Attorney Experience

When it comes to DWI & DUI cases, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and dismissed charges. The Nawash Law office is dedicated to defending you. Call 202-776-7191.

Washington, D.C. and Maryland DUI & DWI

Washington, D.C. DUI Laws

Have you recently been charged with a DUI infraction in Washington, D.C.? Are you the victim of a drunk driving accident and need legal representation and medical help? Has your vehicle been damaged due to an intoxicated driver? If you can answer 'yes' to any of these questions, then call the Nawash Law Office at 202-776-7191.

Washington, D.C. has strict laws against alcohol and drug use while operating a motor vehicle. In Washington, D.C., it is illegal for a motorist to drive with a blood alcohol level of .08 percent and above if they are over the age of 21. Those who are found guilty of this crime will be arrested and charged with either Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) and are subject to strict penalties including jail time.

The laws in Washington, D.C. for commercial vehicle drivers and minors vary slightly than for motorists over the age of 21. A commercial vehicle driver may be arrested and charged with DWI if their BAC level is only .04 percent and above. Washington, D.C. has a Zero Tolerance policy in place for minors (persons under the age of 21), which means that any minor found to be driving while intoxicated on alcohol or drugs in any quantity will be arrested and charged with driving under the influence.

There are two types of alcohol/drug charges in Washington, D.C. When a motorist drives with a level that exceeds the legal limit, they will be issued a DWI charge. Those who are driving and show signs of impairment, even if their level is under .08 percent, will be charged with DUI if an arresting officer can prove beyond a reasonable doubt that the motorist is operating a vehicle without clear judgment or with physical signs of impairment.

Washington, D.C. DUI/DWI laws extend to the use of controlled substances as well. Motorists may be arrested for DUI if they are under the influence of drugs such as marijuana, cocaine, barbiturates, etc.

Punishment for Washington, D.C. DUI/DWI Offenders

In Washington, D.C., those found guilty of operating a motor vehicle while under the influence of alcohol or drugs are liable to incur strict and severe penalties for their crimes. If a motorist is convicted of DUI/DWI in Washington, D.C., they will incur the following penalties:

1st DU DUI/DWI Conviction

• Imprisonment up to 90 days



• Fine from $300 to $1,000



• Driver's license suspended 6 months

2nd DUI/DWI Conviction

• Imprisonment up to 1 year



• Fine from $1,000 to $5,000



• Driver's license suspended 1 year

3rd DUI/DWI Conviction

• Imprisonment up to 1 year



• Fine from $2,000 to $10,000



• Driver's license suspended 2 years

Implied Consent Law in Washington, D.C.

Washington, D.C. has an implied consent law in place, meaning that any motorist operating a vehicle in the District of Columbia agrees to provide a chemical test of their blood, breath or urine to determine intoxication. Those who refuse will have their driver's license suspended for 1 year for the first refusal. Punishments increase in severity with every subsequent refusal.

Hiring a DUI/DWI Lawyer in Washington, D.C.

Any conviction regarding a drunken driving charge can completely ruin a person's life. A DUI or DWI can affect an offender's current job, their chances of getting a new one, and can even influence their financial endeavors, making it very difficult to apply for a loan or credit card. If you have been charged with DUI/DWI in Washington, D.C.. Contact the Nawash Law Office today at 202-776-7191.

The Nawash Law Office knows that sometimes, drunken driving and drug-related charges are incurred without sufficient proof of intoxication. For this reason, we will investigate the incident thoroughly and will look for any information that can be used in your favor in court. Many times, motorists are unfairly charged with DUI/DWI either because of police suspicion alone or because of a false breathalyzer reading or faulty device. Rest assured that if this has happened to you, The Nawash Law Office in Washington, D.C. will not rest until your charges are dismissed.

The Nawash Law Office cares about your needs and will stop at nothing until your case resolves in your favor. We may interview police and any witnesses to ensure that all the facts regarding your case are accurate. No matter what your specific situation is, you can rest easy knowing that you will have an elite professional fighting for your rights until the very end of your case.

For the best possible outcome of your case, contact attorney Kamal Nawash of the Nawash Law Office. 202-776-7191

Maryland DUI Laws in Detail

Are you looking for a great DUI Lawyer in Maryland to help you with your DUI case? Look no further, Contact The Nawash Law Firm at 202-776-7191. We've got the best DUI lawyer for you right here. By working with a top DUI lawyer in Maryland, you increase your chances of having your case dismissed and fines dropped.

Maryland has two different laws regarding driving under the influence. The standard DUI law states that a motorist may not drive with a blood alcohol content level at or above .08 percent. However, the state also has a separate DWI law, which states that a motorist may be arrested if their blood alcohol level is at .07 percent. These laws apply to regular drivers above the age of 21.

The blood alcohol level required for minors and commercial vehicle drivers is lower than that of regular motorists. It is illegal in the state of Maryland for minors (drivers under the age of 21) to operate a motor vehicle with a blood alcohol level of .02 percent or higher and for commercial vehicle drivers to operate a vehicle with a blood alcohol of .04 percent or higher.

There are two ways in which Maryland DUIs are prosecuted. On the one hand, a defendant is prosecuted if they are under the influence of alcohol and their judgment is substantially impaired or they may be prosecuted under Maryland's "per se" law, which entails that a motorist over .08 percent blood alcohol level is under the influence, regardless of how well they are able to drive.

In the state of Maryland blood alcohol, the use of an ignition interlock device is not mandatory. For some cases, an ignition interlock device may be used but there is no court requirement. However, an ignition device maybe used to prevent a defendant from losing his driving privileges. For more questions call and visit the Nawash Law Firm at 202-776-7191.

Penalties for Maryland DUI Charges

DUI penalties in Maryland vary according to the number of previous convictions and whether or not there was a minor present at the time of the DUI arrest. The presence of a minor significantly increases the penalties. The following are the penalties that those found guilty of DUI may face:

1st DUI Conviction

• Imprisonment up to 1 year (2 years if minor was in vehicle)



• Driver's license suspended minimum 6 months



• Fine up to $1,000 ($2,000 if minor was in vehicle)

2nd DUI Conviction

• Imprisonment up to 2 years (3 years if minor was in vehicle)



• Driver's license suspended 1 year (If within 5 years of previous DUI)



• Fine up to $2,000 ($3,000 if minor was in vehicle)



• May be eligible for ignition interlock device after 45 days of suspension

3rd DUI Conviction (and subsequent)

• Imprisonment up to 3 years (4 years if minor was in vehicle)



• Driver's license suspended minimum 18 months



• Fine up to $3,000 ($4,000 if minor was in vehicle)

Maryland DWI Penalties

Although the punishments for DWI charges are less severe, they still carry significant implications and can affect a motorist's record negatively. The following are the penalties incurred if a driver is found guilty of DWI in Maryland:

1st DWI Conviction

• Imprisonment up to 2 months (6 months if minor was in vehicle)



• Driver's license suspended minimum 6 months



• Fine up to $500 ($1,000 if minor was in vehicle)

2nd DWI Conviction

• Imprisonment up to 1 year



• Driver's license suspended minimum 1 year



• Fine up to $500 ($2,000 if minor was in vehicle)

Implied Consent Law in Maryland

Any motorist driving in the state of Maryland agrees to the implied consent law. This law states that all motorists must agree to submit to a chemical test of their blood, urine or breath if an officer has reason to believe them to be intoxicated. Those who refuse to take the test may face having their license suspended for 120 days upon the first refusal and for 1 year for the second refusal.

Hiring Legal Assistance to Fight a DUI/DWI Charge in Maryland

Maryland has a 5 year "lookback" period, meaning that state courts will look back on a motorist's record for 5 years to see if they had any previous drunk driving convictions. If so, penalties will be much higher. Also, motorists only have 10 days to request hearing with Maryland Motor Vehicle Administration (MVA). A driver's license will be suspended if they don't attend hearing on time.

Those who incur DUI/DWI charges in Maryland should seek legal help in order to fight their charges. Turn to attorney Kamal Nawash of the Nawash Law Office, who is a top Maryland DUI/DWI lawyer, to discuss your options and file a claim. Attorney Kamal Nawash may be able to reduce or even completely wipe out your charges.

Without a skilled Maryland DUI/DWI attorney, motorists convicted of the crime will have a hard time with many aspects of their lives, such as getting and keeping a job and any financial endeavors. It is crucial that as soon as the DUI/DWI arrest was made, the motorist call the Nawash Law Office at 202-776-7191.

Protect your future, don't waste any time and speak to an acclaimed DUI/DWI lawyer in Maryland today to fight for your rights. Call the Nawash Law Firm at 202-776-7191.

DUI/DWI Trial Process & Defenses

If you've been arrested and charged with "driving under the influence" ("DUI") or "driving while intoxicated "("DWI"), you definitely need a lawyer to defend you in court. The following is what may happen to you in court.

  1. Arraignment

    The first hearing is likely an arraignment. After reading the charge against you, the judge will ask whether you plead guilty or innocent.

    The judge will decide release and bail.

    The prosecutor will give attorney copies of police reports and documents the prosecutor wants to use against you

  2. Attorney may bring motions to have evidence kept out of trial. Examples of such evidence include:

    • Physical evidence such as alcohol bottles confiscated from the car
    • Blood alcohol content testing results
    • Statements you may have made to the arresting officer(s)

Defenses to DWI

In deciding which defenses apply in your DWI case, your lawyer will look at all the evidence produced by police and witnesses.

The prosecutor generally relies on the arresting police officer's testimony about how a DWI suspect was driving.

An attorney may argue that there are many reasons for unusual driving behaviors that don't have anything to do with alcohol.

An officer may testify as to your appearance and behavior when questioned, including:

  • Slurred speech
  • Bloodshot eyes
  • Inappropriate joking or incoherent speech
  • Stumbling or not being able to walk very far
  • Pupil enlargement

When an officer suspects you may intoxicated, he or she may ask you to perform "field sobriety tests" to assess physical and mental alertness, and can include:

  • Walking a straight line
  • Walking backwards
  • Reciting the alphabet, front wards or backwards
  • Standing on one leg

The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries - or simply aging -that make it impossible to perform these tasks under ideal conditions.

Your lawyer may cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your lawyer may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.

Expungement

Expungement is a general term used to describe the removal of information from a criminal record to allow an ex-felon to live more comfortably. This is usually accomplished through the deletion or sealing of information.

An arrest or criminal conviction on your record can negatively impact your social and professional life, making it much more difficult than it has to be. Fortunately, an expungement can clear your criminal record so past mistakes don't interfere with your future. It also frees you from having to face the embarrassment that often accompanies background check by prospective employer, lenders, and others.

If you would like to have your criminal record expunged, please contact attorney Kamal Nawash for a consultation with an qualified and knowledgeable criminal defense attorney who can help you put your past behind you once and for all.

Possession of Drugs

Drug possession arrests are occurring more and more frequently, and the penalties for convictions are becoming increasingly harsher. While drug possession essentially involves the harboring or control of any illegal substance, individuals who are caught with chemicals used in drug manufacturing or apparatuses related to drug cultivation or use may also be charged with possession.

Drug possession laws are extremely complex and require the help of an experienced criminal defense attorney who can ensure your legal rights are protected every step of the way. If you or a loved one has been charged with drug possession, don't risk your rights or freedom. Please the Nawash Law Office today for a consultation with an aggressive attorney who will be on your side.