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Drunk and Drugged Driving Offences
DUI
1 Driving while under the influence can be proven by evidence showing that the driver's normal coordination has been substantially impaired as a result of the consumption of alcohol or by a breath test result of .08.
2 Driving under the influence of alcohol per se can be proved by a breath test result of .08 or more
The maximum penalties both types of DUI are 1 year in jail and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense.
DWI
Driving while impaired by alcohol can be proven by evidence showing that the driver's normal coordination was impaired to some extent as a result of the consumption of alcohol or by a breath test result of .07 or more, but less than .08.
The maximum penalty for DWI is 60 days in jail and $500 for a first offense and one year in jail and $500 for a subsequent offense.
THE BREATH TEST
As you can see both of these offences are proved by the results of a breath test taken at the police station. If you refuse to take a breath test.
1 If you are a Maryland resident you face an automatic suspension of driving privilege for 120 days for a first offence. For a subsequent offense the suspension is for one year for refusing to take the breath test, the driver faces
2 In a jury trial the Court will instruct your jurors as follows:
“You must first decide whether the defendant refused to submit to a test. If you find that the defendant refused to submit to a test, you must then decide whether this refusal is evidence of guilt. Refusal to submit to a test may be based on reasons that are consistent with innocence or other reasons that are consistent with guilt.”
DWID
Driving while impaired by a combination of drugs and alcohol or driving while impaired by a controlled dangerous substance (CDS) can be proven by evidence showing that the driver's normal coordination was impaired and use of drugs. This is usually done through the testimony of a Drug Recognition Expert and or the results of a blood test.
The maximum penalty for DWID is 60 days in jail and $500 for a first offense and one year in jail and $500 for a subsequent offense.
The MVA penalties:
DUI carries 12 points with the MVA and at a hearing the driver's license may be revoked.
DWI and DWID both carry 8 points with the MVA and at a hearing the driver's license may be suspended.
Drug offences
Each state and the federal government have laws against the unlawful use, manufacture and distribution of drugs. The purpose of these laws is to reduce the unlawful consumption of drugs, reduce drug-related crimes and severely punish repeat offenders and major drug dealers
Drug Schedules
Federal drug statutes establish schedules of controlled substances, defining and classifying illegal drugs. The Attorney General has the authority to delete, add, or re-schedule substances according to certain criteria. State schedules refer to, or are based upon, federal schedules. Drugs included on these schedules are referred to as "Controlled Dangerous Substances" (CDSs).
Punishment
The seriousness of and ultimate punishment for drug crimes generally depends upon:
- the quantity of the drug
- its classification under the schedules
- the purpose of its possession
Producing, manufacturing, and selling illegal drugs are the most serious drug crimes. For example, a person "dealing" (selling) five or more ounces of heroin or cocaine may be imprisoned for more than 10 years. Possession of drugs with the intent to distribute is also a serious crime. The intent to distribute may be inferred from the quantity of the drug, without any evidence of actual distribution.
In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person's offense. A person convicted of a disorderly person's offense is generally not imprisoned, but may be placed on probation or ordered to pay a fine. However, possession of a larger quantity of marijuana or other drug, even if for personal use, is treated as a serious crime.
Enhanced Punishment
Some states have enhanced penalties for drug crimes. These penalties go into effect if:
- minors are used to distribute the drugs, or
- the drugs are delivered or sold to minors, or
- the drugs are sold or distributed on school property
Enhanced punishments vary from state to state. Forfeiture of property is also used as an additional punishment to deter drug crimes. For example, if your house is used to make and distribute drugs, the government may be able to seize your house.
Professional Drug Dealers
Special laws cover professional drug dealers. A "drug kingpin," or a person organizing, financing, or managing a business to manufacture, transport, or sell drugs commits a serious crime. Special sentences are reserved for professional drug dealers. The federal government has the death penalty for drug kingpins; some states impose 25 years imprisonment without parole for professional drug dealers.
Possession
n. 1) any article, object, asset or property which one owns, occupies, holds or has under control. 2) the act of owning, occupying, holding or having under control an article, object, asset or property. "Constructive possession" involves property which is not immediately held, but which one has the right to hold and the means to get (such as a key to a storeroom or safe deposit box). "Criminal possession" is the holding of property which it is illegal to possess such as controlled narcotics, stolen goods or liquor by a juvenile. The old adage "possession is nine-tenths of the law" is a rule of force and not of law, since ownership requires the right to possess as well as actual or constructive possession.
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