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The horizontal gaze nystagmus (HGN) test is a field sobriety test given by an officer who suspects a driver’s ability to drive is impaired by alcohol. When performing the HGN test, the driver must hold his or her head steady while following a stimulus with his or her eyes. The officer watches for a wobble…
DetailsAccidentally violating the terms of a protective order can be easy since the terms are often extremely broad. Violating the terms of a protective order can result in contempt of court charges in Maryland when the violation is minor. If a defendant knowingly violates the protective order, it can be considered contempt of court in…
DetailsProtective orders exist to protect individuals from various types of abuse and their abusers. They are court orders for the defendant to stay away from the petitioner. In Maryland, there are three types of protective orders: interim, temporary and final. Interim protective orders are issued by district court commissioners when both circuit and district courts…
DetailsIn Maryland, you may be asked to perform a horizontal gaze nystagmus (HGN) test if an officer suspects you may be under the influence of alcohol during a traffic stop. In Schultz v. State, the officer who conducted the test on the appellant defined the HGN test as: “You measure each eye separately and one…
DetailsFor the purposes of an MVA hearing in Maryland, police officers may request an alcohol breath test if they detect the smell of alcohol, even if there is no evidence of impairment. This is the result of a decision issued by Maryland’s Court of Appeals in Motor Vehicle Administration v. Spies. Although the Court did…
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