The Law Office of Matthew E. Bennett
A Maryland Law Firm Based in Silver Spring And Serving Surrounding Communities

Silver Spring Maryland Criminal Defense Legal Blog

Will contributory negligence laws affect your car accident case?

After a car accident, you may need immediate medical attention because of the injuries you suffered. Doctors and other medical staff may ask you numerous questions that you need to answer truthfully in order to help them diagnose and treat your injuries. Of course, these individuals are not the only ones who will need answers.

You may ask yourself many questions, and police officers may also need answers to determine exactly how the accident happened. In particular, you and they may want to know who to consider at fault for the incident. If another person is considered at fault for the injury-causing accident, you may have reason to seek compensation for damages.

Don't waive your rights after your Miranda Warning

It doesn't matter whether you face charges for a non-violent misdemeanor or a violent felony; you receive the same rights under the United States Constitution. The Miranda Warning makes sure that you know you have the right to remain silent and the right to obtain counsel.

Before police can question you, a law enforcement official must read you these rights. If officers fail to do this prior to questioning, then a court may prevent the prosecutor from using against you in court anything that transpires. The same may also be true if police continue to question you after you invoke your rights.

Is it possible to survive a head-on collision?

It may seem obvious to you to hear that increasing your speed on the highway increases your chances of serious or even fatal injury in an accident. After all, you probably notice that speeds decrease in school zones, heavily populated areas and roads with many cross streets, and this is a matter of safety. Therefore, it may not surprise you to know that the faster the speeds of the vehicles involved in a head-on collision, the more the chances of survival decrease for the drivers and passengers.

A head-on collision often results in catastrophic, life-altering or fatal injuries. Still, worldwide research is finding that slower speeds in areas where you may encounter opposing traffic is one way to reduce the chances of these tragedies.

Did the officer mistake hypoglycemia for intoxication?

Somewhere in the neighborhood of 23.6 million people across the country suffer from diabetes. A few million of them don't even know they do. This puts them at risk for several adverse health events, but it also puts them at risk for being accused of intoxication by a police officer.

One of the reasons why courts tend not to allow the results of roadside preliminary breath tests into evidence in DUI cases is because they are notoriously unreliable. For instance, if your blood sugar drops to dangerous levels because you have diabetes or suffer from hypoglycemia, you could appear drunk and your breath test results could indicate you are drunk.

Deadly pedestrian accidents are on the rise

Whether you walk for pleasure or out of necessity, walking is a great alternative to conventional transportation methods. As a pedestrian, you likely get more exercise than the average person in Maryland does, and you have a greater opportunity to simply enjoy the act of being outside. However, this healthy habit could also be putting you in harm's way. 

Pedestrian deaths are on an upward trend. Despite some attempts to make roadways safer for people on foot, it does not look as though the number of fatalities will go down any time soon. 

Feeling whipped after that rear-end collision?

What started out like any other day, ended with you in a lot of pain. While in your car waiting in traffic, the driver behind you failed to pay attention and slammed into the back of your vehicle. At first, you felt okay so you refused medical treatment. It's only been a few hours, but now your body is singing a different tune. You have whiplash, which is a common injury following a rear-end collision.

Rear-end collisions happen all too frequently on Maryland roads. While the injuries associated with such accidents can vary, whiplash is the most commonly seen. It may not sound like anything too horrible, but it can be -- especially if not treated properly.

Facing another DUI charge?

You already have one or two DUI offenses on your record. You know that if you get another one, the consequences will are pretty steep. Well, Maryland police recently pulled you over for suspected DUI and now you are facing another DUI charge. What can you do?

The penalties for repeat offenders can be significant. There are administrative and criminal penalties that can hurt you personally and professionally for years to come. This is why the next steps you take to address your current situation matter.

Knowing all the possible risks involved with riding a motorcycle

As summer months bring in warmer climates, you could choose to take advantage of the weather by hitting the open roads in Maryland on your motorcycle. In addition to cutting down on fuel costs, riding a bike may also provide you with a sense of excitement and freedom.

However, choosing a similar mode of transportation could also leave you with a certain level of concern for your safety. Even with all the necessary safety gear such as a helmet and protective clothing, a motorcycle accident could pose a significant threat to your well-being.

Feeling lucky? Then take a field sobriety test

What does luck have to do with field sobriety tests? More than you think. That's because the three tests that make up the Standardized Field Sobriety Test rely on the observations of the officer administering them. As you can imagine, if the officer pulled you over on suspicion of drunk driving, the odds are already against you.

Research shows that several officers trained in administering the SFST come up with different conclusions when observing the same video tape of an individual taking the tests. Some officers said that the individual was impaired while others did not. The fact of the matter is that you could flip a coin to decide whether the officer administering your tests will think you are impaired and arrest you.

I took a Breathalyzer and failed, can I challenge the results?

You were out and about, driving down a road you travel on a daily basis. On your way home, red and blue lights started flashing behind you. You pulled over like you should, interacted with the Maryland police officer and, at his or her request, agreed to take a Breathalyzer test. You must comply, right? Well, complying resulted in a failed test and your arrest. 

There is a lot of concern about Breathalyzer tests. Law enforcement authorities do believe them to be extremely accurate. The truth is, any number of things can result in a false reading and an arrest that should never have happened. If you fail a breath test, this does not mean a conviction on a DUI charge. It may be possible to challenge the results in court. 


The Law Office of Matthew E. Bennett
8720 Georgia Avenue
Suite 701
Silver Spring, MD 20910

Phone: 301-960-5347
Fax: 301-589-1585
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Attorney Matthew E. Bennett