We will help you navigate the twists and turns of a DWI charge. Call us at 410-659-7661

• Avoiding arrest. Once you are pulled over by the police many things can happen, most of them bad. You might have a pleasant chat and be on your way. You could be arrested and taken to jail. Try to avoid the arrest.
• The alcohol drinker and driver should never travel without a non alcoholic breath spray, air freshener, and sunglasses. If you are suspected of DUI, DWI, Drunk Driving the first thing the officer is hoping to sense is blood shot eyes and the odor of alcohol. Of course, wearing sunglasses after sunset is only going to make the officer more suspicious.
• Be polite and cooperative, but only to a degree. Have your license and registration in your hand, out of your wallet or purse, and the window cracked enough to hand the paper work out. If the officer asks you to get out of your car ask why. If he tells you he suspects you of DUI, DWI, Drunk Driving and you have been drinking tell him you would like to speak to a lawyer first. Remember that only a few drinks of alcohol puts you over the legal limit in Maryland and most other jurisdictions.
• Never consent to a search of your car. If the officer tells you it is in your best interests to consent to a search, that you will have to be detained until the officer gets a warrant, or any other reason, do not consent to a search of your car.
• Never consent to a search of your person. Even if you think you have nothing to hide nothing good can come from giving the officer consent. Always remain polite, but maintain your legal rights.
• Never admit to anything. If the officer asks you if you had a couple of beers do not answer. A positive comment of Im not a drunk driver is sufficient answer.
• If the officer is going to write you a ticket ask for a warning. If your driving record is clean, tell him to check it out on his computer. Start crying. If the officer gives you a break you have won your own case. If not then call an experienced trial lawyer. Dominic J. Fleming will give you a free consultation. Call him at 410-659-7661.
• If the officer suspects you of DUI, DWI, Drunk Driving he will ask you to get out of your car to perform certain tests. You may refuse and you probably will be arrested and a refusal to submit to the test could result in an additional charge against you.
• Before you submit to the tests you should be aware of what they are and whether you will be able to pass them. There are only three tests recognized by the National Highway Traffic Safety Administration (NHTSA), HGN, walk and turn, and the one leg stand.
• HGN is the Horizontal gaze nystagmus test. HGN is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Nystagmus occurs when the eyes are rotated at high peripheral angles. Under the influence of alcohol nystagmus is exaggerated and may occur at lesser angles. The impaired person often will have difficulty tracking a moving object. The officer observes the eyes of the suspect as the suspect follows a slowly moving object. The examiner looks for three indicators of impairment in each eye: 1.if the eye cannot follow a moving object smoothly; 2. if jerking is distinct when the eye is at maximum deviation, and 3. if the angle of onset of jerking is within 45 degrees of center. If between the two eyes four or more clues appear there is a likelihood of impairment. NHTSA research indicates that this test allows proper classification of approximately 77 percent of suspects.
• There are over forty other causes of HGN which are not caused by anything illegal including eye strain, glaucoma, diet, some prescription drugs, and the flu. Your lawyer must be aware of all the possible causes of HGN.
• The other two tests are the divided attention test of walk and turn and the one leg stand.
• The walk and turn directs the suspect to take nine steps, heel-to-toe, along a straight line, turn on one foot and return in the same manner in the opposite direction.
• The one leg stand directs the suspect to stand with one foot approximately 6 inches off the ground and count aloud for thirty seconds.
• These tests must be done using very strict procedures, using a standardized manner, and only using standardized clues. The NHTSA has concluded that if any one of the elements is changed the validity of the results is compromised.
• Practice the divided attention tests under optimum circumstances and hen after a few drinks. You may find you are unable to perform these tests in your own living room under optimum conditions. Other factors such as age, weight, and physical condition may be the cause of your inability to perform these tests.
• If you know before the officer asks you to perform the tests that you will fail them there is no advantage to you to take the tests and only one disadvantage. That disadvantage is that if you are found guilty the sentencing judge may be tougher on you than someone who takes the tests. The advantage is case dismissed.
• One plan that has been used successfully by a number of suspects is to inform the officer that you are unable to perform these tests because of your medical condition, but you will be happy to take a PBT or a breath test because you have not been drinking. The PBT is a mechanical device that some officers have that measure alcohol content of the breath, but it is not admissible in court.
• You may be allowed to leave at this point. Case closed. No reason to call a lawyer. You may be taken to the police station to have an official breath test administered. Ask to speak to an attorney. Be polite.
• There may come a point where you have to take the test or give a refusal. If you know you are going to fail there is one advantage to taking the test under certain circumstances. If you take the test and the result is 0.08 to less than 0.15 you are eligible for a restricted license which can be used for your job, school, or medical treatment. A refusal or a result of 0.15 or greater prevents you from getting a restricted license.
• If you still want to try to beat the system agree to take the test. Pretend to blow into the tube. Not enough breath will register. You will be asked to take the test two more times. Pretend to blow into the machine, but do not. This will be noted as a refusal, but there is case law (Jose Borbon, v. Motor Vehicle Administration, 345 Md. 267) that holds that the inability to blow enough breath into the machine is not in and of itself enough evidence to sustain a finding of a refusal.
• You may feel that you just want to admit your mistake and take the consequences. You are a first offender it cant be that bad. Take the test. For a result of 0.15 or greater a 150 pound male generally speaking would have to consume 6-8 drinks in less than two hours. A drink is a 12 oz. beer, 6 oz. wine, or a mixed drink made with a 1.5oz. shot of 80 proof booze. A woman even weighing the same wold show the same reading as a male with fewer drinks.
• Be sure to call an experienced lawyer to get you through this. First offenders do go to jail. True not that often, but it does happen. Dominic J. Fleming will give you a free consultation. Call him at 410-659-7661.
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Dominic J. Fleming

Mr. Fleming has successfully represented those accused of criminal and traffic offenses in Federal and State Courts throughout Maryland. His fees are very reasonable. For example, his fees for certain DUI cases are as low as $750.00

A Good Lawyer Knows the Law

1Dominic J. Fleming has been a practicing drunk driving, DUI, DWI, and criminal defense lawyer in the District, Circuit, and Appellate Courts of Maryland since 1978. As a former Assistant States Attorney in Baltimore, Maryland Mr. Fleming knows all of the strategies and practices of the police and prosecutors office.

Fleming is recognized as an authority in the area of criminal defense, drunk driving, DUI, and DWI defense, and Motor Vehicle Administrative hearings in Maryland. He has appeared before all Maryland Courts and has been lead or sole counsel in over two hundred jury trials and literally thousands of court or judge trials.

Dominic Fleming knows the Law

A Great Lawyer Knows the Judge

2 Your lawyer must know the judge. He must know the judges proclivities about certain offenses and the probable sentence if the State proves their case.

Judges have a wide latitude and much discretion when it comes to sentencing. Judges have different beliefs when it comes to what is the appropriate sentence for a particular crime. One judge may believe a first time offender charged with theft should get a slap on the wrist and no criminal record attached to the person charged. Another might believe such a person should be branded as a thief so any future employer or security investigator will be aware of that persons character.

Your lawyer can use the system to steer your case to the judge who has the greatest sympathy for your type of situation. No lawyer can actually pick the judge who will hear your case, but he can use the system in a way that best protects you.

Dominic Fleming knows the judges in Maryland

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