DUI Blood Test Refusal in Maryland

Refusing to have your blood tested in a drunk driving stop does not permit officers to forcibly have your blood drawn as evidence in most cases. Missouri v. McNeely was a case in which the defendant’s blood was drawn without his consent for the purpose of a BAC test after he was stopped on suspicion…

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Testimony at Trial in Maryland

Two types of testimony can be made at trial: lay person testimony and expert testimony. In order to be admitted as evidence at trial, certain requirements must be met based on the type of testimony. In Ragland v. State, the issue of testimony type was argued as a reason for appeal of the appellant’s conviction.…

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Whren Stops in Maryland

A pretextual stop is one wherein a police officer has motive other than an observed traffic violation (ex. to search for drugs) to stop a driver. Although the Fourth Amendment protects against illegal search and seizure, it was unanimously decided in Whren v. United States, a case before the U.S. Supreme Court, that any traffic…

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Marital Privilege in Maryland

In Maryland, Marital Privilege (also known as Spousal Privilege) may be invoked when an individual is called to testify against his or her spouse at trial. Without additional evidence, the State’s case may rely on the spouse’s testimony. This may lead to a dismissal of the case when Marital Privilege is asserted. There are two…

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HGN test in Maryland

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…

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