The Law Office of Matthew E. BennettSilver Spring Criminal Defense Lawyer | Matthew E. Bennett2024-02-06T01:33:15Zhttps://www.mbennettlaw.com/feed/atom/WordPressOn Behalf of The Law Office of Matthew E. Bennetthttps://www.mbennettlaw.com/?p=474162024-01-30T01:35:10Z2024-02-06T01:33:15ZSpeech and motor impairments
People with speech or motor impairments, such as those linked to cerebral palsy or muscular dystrophy, may show behaviors that police officers misinterpret. Officers could erroneously attribute slurred speech or difficulty with motor skills to alcohol or drug impairment.
Nervousness and anxiety
Individuals with mental health conditions, including anxiety disorders, may experience more nervousness during encounters with law enforcement. About 27.3% of adults in Maryland report symptoms of anxiety and/or depressive disorder.
Anxiety or nervousness can manifest as trembling hands, rapid breathing or difficulty maintaining eye contact. Police may misinterpret these as signs of intoxication.
Sensory processing disorders
Sensory processing disorders can affect how individuals respond to external stimuli. Bright lights, loud noises or the presence of a police officer can overwhelm someone with sensory sensitivities. Police might view unusual reactions to these stimuli as signs of impairment.
Medical conditions and medication side effects
Certain conditions and the medications to manage them can result in symptoms that mimic the effects of alcohol or drugs. For instance, medications for pain management or neurological disorders may cause drowsiness, confusion or unsteady movements. This can lead officers to suspect DUI.
Communication challenges
Communication is key during traffic stops. However, individuals with communication disorders, such as aphasia or certain forms of autism, may struggle to express themselves clearly. Misunderstandings may arise when officers misinterpret communication difficulties as evasiveness or impairment.
Police education and awareness can improve understanding and lead to more accurate assessments.]]>On Behalf of The Law Office of Matthew E. Bennetthttps://www.mbennettlaw.com/?p=474152023-11-09T23:20:10Z2023-11-09T23:20:10ZUninsured motorist coverage
Maryland law mandates that all drivers have insurance coverage, but not everyone complies. If you sustain injuries by an uninsured driver, your first recourse may be your own insurance policy's uninsured motorist coverage. This coverage helps protect you if involved in an accident with an uninsured driver. It can help cover medical expenses and property damage.
Underinsured motorist coverage
Even if the at-fault driver has insurance, their coverage may be insufficient to fully compensate you for your losses. In such cases, your underinsured motorist coverage comes into play. It can help bridge the gap between the at-fault driver's policy limits and your actual expenses.
Reporting the accident
Following an accident with an uninsured or underinsured driver, promptly report the incident to your insurance company. Timely reporting is necessary to initiate the claims process. Provide all necessary information, including police reports and any evidence that can support your claim.
Determining fault
To maximize your chances of recovering compensation, it is important to establish the other driver's fault. This means gathering evidence, such as witness statements, photographs and police reports, to demonstrate that the uninsured or underinsured driver was responsible for the accident.
In 2022, 40,707 people in Maryland sustained injuries in motor vehicle accidents. When those injuries happen due to an underinsured or uninsured driver, it can be extra challenging. Regardless, an injured person still has the right to fair compensation.]]>On Behalf of The Law Office of Matthew E. Bennetthttps://www.mbennettlaw.com/?p=474142023-08-05T03:35:07Z2023-08-05T03:35:07Z4,296 DUI arrests. If you fall into that category and already had a conviction in the past five years, you may have questions regarding your options and the consequences that may follow.
1. Do I have defense options?
The state takes second and third DUI offenses seriously, but that does not mean you have no potential defense options. Like the first offense, the prosecution must still provide the burden of proof. A lawyer will work with you to evaluate the evidence and determine if the arresting officer followed proper procedures, both of which may change the outcome of the court case.
2. What factors may increase the penalties?
Some factors may add further penalties to a conviction. If you have not met probation requirements from the prior DUI, it may harm your case. Penalties may also get increased if your DUI arrest happened while transporting a minor. Doing so may mean added jail time and fines.
3. What consequences might I face?
If you have one prior conviction, the courts may sentence you to up to two years in jail and a $2,000 fine. The penalties increase for a third conviction, which may include a three-year jail term and a $3,000 fine. In both instances, you may get your license revoke and have to attend a treatment program.
Although another DUI arrest may seem hopeless, not every case ends with the same results.]]>On Behalf of The Law Office of Matthew E. Bennetthttps://www.mbennettlaw.com/?p=474022023-05-08T19:03:27Z2023-05-08T19:03:27ZRiding a motorcycle can be risky
Choosing to ride a motorcycle can put you at greater risk of severe injuries or even death in an accident. First, motorcycles are more vulnerable to weather changes, including snow and rain, which can increase the likelihood of a crash. Also, motorcyclists lack protection when an accident happens, so their injuries tend to be worse.
To prevent severe injuries, you should use protective gear, including a quality helmet, when you ride. Avoid hazardous maneuvers, like weaving in traffic or sharing lanes with other motorists. Finally, you should never ride your motorcycle while intoxicated or distracted.
Motorcyclists have legal options
Serious injuries after a motorcycle crash can result in pain, trauma, hospital bills and lost wages. Depending on the circumstances of the accident, you can file an insurance claim or consider legal options to get the support you need. Most Maryland motorists have personal injury protection, which means you can obtain coverage from your insurer. Furthermore, you can file a claim with an at-fault driver's insurance if someone else caused the crash. Finally, in some severe cases, a personal injury lawsuit might be necessary for you to receive sufficient compensation.
As a motorcyclist, you face additional dangers. You can benefit from practicing road safety and knowing your options in case of an accident.]]>On Behalf of The Law Office of Matthew E. Bennetthttps://www.mbennettlaw.com/?p=474012023-01-30T21:09:21Z2023-02-03T21:08:18Z1. Drink regularly
People who drink and drive every week are more likely to end up in a crash. This is because these people tend to drink heavily on these occasions and have a high blood alcohol content. That could indicate that people who are alcohol dependent have a higher risk of ending up in a fatal crash due to drinking and driving.
2. Drink heavily
Likewise, many drivers who drink and cause crashes have consumed large amounts of alcohol and have a BAC over the legal limit. These included collisions with one and multiple vehicles.
3. Are male
Looking at a state's car crash data will prove that many people involved in accidents are male. That is because men are twice as likely to drink and get into a fatal car crash than women.
These qualities can give responsible drivers an idea of who is most at risk. The individuals listed here are most likely to drink, drive and get into a fatal car crash. That can give others insight into what to watch out for if they are on the road in the evening. That information could help people avoid a fatal crash.]]>On Behalf of The Law Office of Matthew E. Bennetthttps://www.mbennettlaw.com/?p=473992022-11-10T20:53:03Z2022-11-10T20:53:03ZDoes Maryland consider a DUI offense to be a felony?
Maryland's impaired driving laws do not indicate a DUI offense as a felony. However, there are still serious consequences to keep in mind. Your first DUI offense comes with a fine up to $1,000 and as much as one year in jail, with steeper penalties for repeat offenders. Driving while impaired is a separate offense in Maryland with slightly lesser penalties.
What are the long-term consequences of a DUI in Maryland?
In addition to fines, jail time and points against your license, there are other implications of receiving a DUI conviction of which you should remain aware. Though DUI and DWI offenses are not felonies under Maryland law, they will remain on your criminal record. This can affect your eligibility for certain career objectives, home rentals or other matters which entail a criminal background check.
Though Maryland does now view drunk driving as a felony, a conviction can still have far-reaching effects on your life. Building a solid defense against the charges before you is the best way to protect your freedoms.]]>On Behalf of The Law Office of Matthew E. Bennetthttps://www.mbennettlaw.com/?p=473972022-08-20T13:41:55Z2022-08-20T13:41:55ZWatch for physical symptoms
Some of the first symptoms that you notice may be physical ones when it comes to a TBI. Things like headaches and visual changes are common. Pain and disorientation are also possible with any injury to the brain. Stimuli such as light and noise may bother you, and you might become dizzy.
Be aware of cognitive and emotional symptoms
A traumatic brain injury does not just impact you physically. It can also impact your cognitive function and impair you emotionally, as well. For example, you might experience mood swings or even personality changes after a TBI. Feeling particularly anxious can also be a symptom, as can being more sad than usual. You could find that your responses to things, in general, are more emotional or that your emotions are less predictable. Cognitive impairment can also be common. You might notice more difficulty remembering things or retaining information.
If you have experienced a TBI, you may not know where to turn. While it can be a troubling experience, you do have options. The more you know about identifying a TBI and getting the proper help, the easier it will be for you to take the necessary steps to remedy the situation.]]>On Behalf of The Law Office of Matthew E. Bennetthttps://www.mbennettlaw.com/?p=472962022-05-27T19:24:57Z2022-05-27T19:24:57Zshare any fault for the accident, you cannot sue for injuries sustained because of this incident. Here are some scenarios in which the person on foot could be partially responsible for accidents.
1. You crossed outside of a crosswalk
If you crossed a street or a road outside of a clearly marked crossing area and a vehicle struck you, you are partially at fault for the incident.
2. You jogged while distracted
If a vehicle struck you while jogging, you could bear part of the responsibility. This is true even if they failed to stop at a red light before turning right. Scenarios in which the on-foot party could be responsible include when headphones impair that person's hearing and when the pedestrian is looking at their phone.
3. You failed to follow traffic or walking signals
Suppose you crossed outside of a designated crosswalk or on a red light and became injured by an oncoming vehicle. In that case, a court could consider you partially at fault and therefore decline to award you any damages if you try to pursue a lawsuit.
Though as an injured pedestrian, you may feel entitled to compensation, this is not always the case. Follow all rules of the road whether in a car or on foot.]]>On Behalf of The Law Office of Matthew E. Bennetthttps://www.mbennettlaw.com/?p=472762022-05-20T20:34:35Z2022-05-20T20:34:35Z32.1% of the state's fatalities were due to alcohol-impaired driving compared to 28.1% for the nation.
Officers use breath tests to catch inebriated drivers, but the devices and operators are not without flaws.
Devices not infallible
An officer may request a driver suspected of operating a vehicle under the influence to submit to a preliminary breath test (PBT). The devices for such tests are not employed in controlled conditions and are irregularly calibrated. The roadside breath test is not allowed as testimony or evidence by the State, but the defendant may offer the results as evidence.
If the DUI breath test or other field sobriety test suggests a driver is under the influence, the officer can bring the motorist into custody. The officer may then request the suspect to take a breath test in the station with a trained and certified operator using more accurate equipment. These results are admissible by the State as evidence.
Options for a defendant
A driver may refuse a field sobriety test or a breath test, but the refusal of the PBT leads to a 120-day license suspension. If willing to make that sacrifice, a driver's refusing the PBT denies the prosecution that evidence to use against them.
A person who submits to a breath test can present a defense claiming outside influences interfered with the machine. Such an argument requires solid data and a comprehensive understanding of the machine and the physiological or mechanical factors that might influence a reading.
A motorist accused of driving under the influence faces a well-prepared legal system. Drivers seeking to beat a DUI charge must diligently prepare to improve their odds of success.]]>On Behalf of The Law Office of Matthew E. Bennetthttps://www.mbennettlaw.com/?p=469152022-04-28T15:07:46Z2022-04-28T15:07:46ZMaryland Department of Transportation. Knowing some of the most common and effective bicycle safety measures will help you stay protected from catastrophic injuries while cycling.
1. Use hand signals
It likely goes without saying that drivers are less likely to hit you if they know exactly what you are doing. When turning or changing lanes on the road, performing noticeable and obvious gestures to display your intentions can do a lot of good.
2. Enter intersections cautiously
Speeding from the sidewalk to an intersection crossing can be very dangerous. Even if traffic signals indicate that it is safe to cross, drivers who are performing a legal right turn during a red light might not notice you approaching from the sidewalk.
3. Be visible
Above all, bicycle safety comes down to being visible to motorists so that they can follow their own safety measures to the best of their abilities. Attaching a headlight to your bicycle and wearing bright clothing are easy ways to increase your visibility.
When a motor vehicle accident occurs involving a bicycle, the cyclist stands to sustain the most injury due to their relative level of vulnerability. Keeping basic safety at the forefront of your mind can mitigate the risk of such an accident in a huge way.]]>