Maryland Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Maryland or Court of Appeals of Maryland where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Hopkins v. State - 12/11/1998
REPORTED
Circuit Court for Baltimore County Case # 96CR3310
Marquis Yaphet Hopkins, petitioner, was convicted at a bench trial in the Circuit Court for Baltimore County of robbery with a deadly and dangerous weapon,...
Janes v. State - 6/26/1998
Collateral estoppel: State not estopped from prosecuting defendant for driving while intoxicated because of finding by ALJ in license suspension proceeding that defendant was not driving.
The issue before us is collateral...
Attorney Grievance Commission v. Ficker - 3/10/1998
In two petitions, the Attorney Grievance Commission (AGC), through Bar Counsel, charged Robin K. A. Ficker (Ficker) with several violations of the Maryland Lawyers' Rules of Professional Conduct (MLRPC). The charges emanated from eight...
Cirincione v. State - 2/2/1998
REPORTED
Appellant Leonard P. Cirincione was convicted on 16 April 1987 by a jury in the Circuit Court for Baltimore City, Judge Kathleen O'Ferrall Friedman presiding, of first degree murder, attempted first degree murder, and...
Graham v. State - 2/2/1998
MINORITY OPINION(S)ing Opinion by Cathell, J.
Appellant Kelly Graham was sentenced to a term of ten years imprisonment, with all but five and one-half years suspended and a probationary period following service of the unsuspended...
Wilson v. State - 1/27/1998
REPORTED
Donald Kent Wilson, appellant, was convicted by a jury in the Circuit Court for St. Mary's County of driving under the influence of alcohol ("DUI") and making an unsafe lane change. Wilson was sentenced as a second...
Hyle v. Motor Vehicle Administration - 11/20/1997
Opinion by Chasanow, J.
Filed: November 20, 1997
In the instant case, we are called upon to determine whether it is proper to suspend a licensee's driver's license for refusing to take a blood test for alcohol concentration...
Anthony v. State - 9/4/1997
Kami Lee Anthony, the appellant, was convicted by a jury in the Circuit Court for Queen Anne's County (John W. Sause, Jr., J.) of conspiracy to distribute cocaine. Appellant was sentenced to a term of fifteen years' incarceration for...
Robinson v. State - 6/18/1997
Opinion by Murphy, J.
James Robinson (Appellant), an inmate in the State penal system, was serving a 60-year sentence for robbery-related offenses when he assaulted an officer at the Maryland House of Correction at Jessup on...
Hughes v. State - 6/17/1997
Opinion by Chasanow, J.
We are called upon in this case to examine the validity and scope of what is commonly known as the "routine booking question" exception to the requirements of Miranda v. Arizona, 384 U.S. 436, 86 S. Ct....
Attorney Grievance Commission v. Garland - 4/16/1997
Opinion by Raker, J.
The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against Thomas A. Garland, Respondent, for violation of the Rules of Professional Conduct. The petition...
Borbon v. Motor Vehicle Administration - 4/8/1997
Opinion by Rodowsky, J.
This is an action for judicial review of the suspension by the Motor Vehicle Administration (MVA) under the implied consent law of the petitioner's motor vehicle operator's license. The issue is whether a...
Gardner v. State - 2/21/1997
In this case, we are asked to decide an issue that was not presented, and, thus, was not answered, in Whack v. State, 338 Md. 665, 659 A.2d 1347 (1995): whether a sentence on a single count of an indictment or information may be...
Jeffries v. State - 1/29/1997
With respect to one of the convictions in this case, the appellant has a contention that, on its surface and in a purely technical sense, appears to have significant substance. As presented to us, however, it is a contention riddled...
Sheppard v. State - 12/12/1996
Opinion by Chasanow, J.
The issue in the instant case is whether the trial judge abused his discretion by requiring, as a condition of probation, that a defendant convicted of driving under the influence of alcohol not operate a...
Montgomery County v. Krieger - 7/1/1996
This is an appeal from an August 21, 1995 Order of the Circuit Court for Montgomery County reversing a decision of the Chief of the Montgomery County Police Department to punish administratively appellee Linda A. Krieger, a Montgomery...
State v. Broberg - 6/11/1996
Opinion by Raker, J.
We granted certiorari in this case to determine whether "in life" photographs, depicting a homicide victim while the victim was alive, may be displayed to the jury at trial.
I.
On April 25, 1993,...
Department of Economic and Employment Development v. Taylor - 2/8/1996
In this case, we must decide whether the doctrine of "constructive voluntary quit" constitutes a ground for disqualification from unemployment benefits. We conclude that it does not apply as a bar to recovery of unemployment...
Gadson v. State - 12/7/1995
Opinion by Chasanow, J.
Murphy, C.J., and Rodowsky, J. dissent
Filed: December 7, 1995
The question presented in this case is whether the State may constitutionally detain a prospective visitor to a prison long enough...
Broadwater v. Dorsey - 11/6/1995
A jury in the Circuit Court for Baltimore County found that, in February, 1992, appellants, Ronald and Eleanor Broadwater, had negligently entrusted an automobile to their adult son, Ronald Broadwater, Jr., and that, on October 2,...
Embrey v. Motor Vehicle Administration - 9/15/1995
OPINION BY Bell, J.
The issue this case presents is whether, pursuant to Maryland Code (1977, 1992 Repl. Vol., 1994 Cum. Supp.) § 16-205.1(n)(ii) of the Transportation Article, a motorist, who, as a result of a prior detention...
Goldstein v. State - 9/7/1995
The issue in this criminal case is the admissibility of readings from a device that uses lasers to measure the speed of motor vehicles. We shall affirm the trial court's rulings and the petitioner's conviction.
I. ...
Schultz v. State - 8/31/1995
Appellant, William Leroy Schultz Sr., was convicted by a jury in the Circuit Court for Washington County of driving under the influence, speeding, and driving with alcohol in his blood in violation of a court-ordered alcohol...
Cianos v. Maryland - 6/6/1995
Opinion by Karwacki, J.
Under Maryland Code (1973, 1989 Repl. Vol., 1994 Cum. Supp.), §§ 12-202 and 12-302, the only avenue of appeal from a guilty plea before a circuit court is by application for leave to appeal to the Court...
Curry v. Department of Public Safety and Correctional Services - 12/30/1994
Opinion by Davis, J.
We consider in these two appeals the issue of whether the State may impose a disciplinary suspension upon an employee in a sensitive classification for an off-duty alcohol-related offense for which he...
Cameron v. State - 12/29/1994
Opinion by Alpert, J.
Lest we be misunderstood by our ultimate holding, we declare at the outset that an intoxicated litigant who disrupts the proceedings of the court by contumacious or stupefied conduct may be held in contempt...
Tu v. Maryland - 10/25/1994
Opinion by Rodowsky, J.
Bell, J., dissents.
This case has been tried to judgment of conviction, appealed, reversed, retried to judgment of conviction, appealed, affirmed, and is now before us on certiorari review of that...
Barr v. Maryland - 9/30/1994
Opinion by Wilner, C.J.
Following a traffic accident in Ocean City that left a pedestrian seriously injured, appellant was charged with driving while intoxicated, driving under the influence of alcohol and drugs, failure to stop...
Cavaliere v. Town of North Beach - 9/2/1994
Opinion by Wilner, C.J.
The issue before us in this appeal is whether a State or local police officer who seizes a motor vehicle under the authority of Md. Code art. 27, § 297 may, instead of proceeding with a forfeiture...
Motor Vehicle Administration v. Gaddy - 6/30/1994
Opinion by Karwacki, J.
Joe Pritchard Gaddy was operating his automobile on April 22, 1993, when he was stopped by Anne Arundel County Police Officer M. Edmonson. The officer certified that the stop was made because Gaddy's...
Chertkov v. State - 6/9/1994
Opinion BY Bell, J.
One of the questions presented by this case is whether the sentencing court may modify a sentence that it imposed pursuant to a binding plea agreement, without the consent of both parties. Before we may...
Maryland Casualty Co. v. Lorkovic - 6/1/1994
Opinion by Davis, J.
This is an appeal from a September 10, 1993 order of the Circuit Court for Baltimore County granting summary judgment in favor of appellee, Albert J. Lorkovic. The dispute arose from Lorkovic's claim for...
Davis v. Maryland - 12/9/1993
The Defendant, David Davis, was found guilty of distribution of cocaine and heroin by a jury in the Circuit Court for Baltimore City. Following his sentencing, Davis appealed his conviction, and the Court of Special Appeals affirmed...
Thomas v. Maryland - 12/6/1993
George Thomas was convicted in the Circuit Court for Caroline County of two counts of common law battery, reckless endangerment, unlawful use of a telephone, and violation of an order to vacate the family home. Judge J. Owen Wise...
Forman v. Motor Vehicle Administration - 9/16/1993
Opinion by Chasanow, J.
Before this Court is the propriety of an administrative law judge's 120-day suspension of the petitioner's driver's license under Maryland's implied consent statute, Maryland Code (1977, 1992 Repl. Vol.), ...
Attorney Grievance Commission of v. Dietz - 8/25/1993
Opinion by Rodowsky, J.
This disciplinary proceeding against an attorney involves neglect of the matters of two separate clients. The underlying cause of the violations was respondent's unwillingness to reject legal employment...
Motor Vehicle Administration v. Vermeersch - 6/30/1993
Per Curiam
The issue here presented is whether a person who refused to take a test of his breath to determine alcohol concentration may avoid the mandatory sanctions prescribed by Maryland's Implied Consent Statute by...
Johnson v. Maryland - 4/2/1993
Opinion BY DAVIS, J.
This is an appeal from a pre-trial order denying a Motion to Dismiss on the ground of double jeopardy. Lewis David Johnson, appellant, was charged in the District Court of Maryland for Harford County with...
State v. Martin - 2/17/1993
Opinion BY Bell, J.
Eldridge, J. dissents.
John Kenneth Martin, the respondent, was convicted by a jury in the Circuit Court for Wicomico County of first degree murder and carrying a weapon with intent to injure. He was...
Harris v. Maryland - 12/30/1992
A collision between two automobiles on the Capital Beltway resulted in the death of an occupant of one of the cars. It also resulted in traffic citations being issued to Steven Craig Harris, the driver of the other vehicle and,...
Jupiter v. Maryland - 12/11/1992
At issue here is whether forcibly taking from a licensed seller of alcoholic beverages beer that the seller intended to sell to legally eligible members of the public constitutes robbery where full payment is made.
After a...
Attorney Grievance Commission of v. White - 11/6/1992
On January 9, 1992, James J. White, III, a member of the Maryland Bar since 1963, was charged by the Attorney Grievance Commission, acting through Bar Counsel, with violations of Rule 1.15 (Safekeeping Property) and Rule 8.4...
Locklear v. Maryland - 11/4/1992
Appellant, George F. Locklear, Jr., was charged in the District Court for Baltimore County with a variety of traffic offenses. After he prayed a jury trial, the charges were transferred to the Circuit Court for Baltimore County....
State v. Glaser - 10/5/1992
Opinion by Cathell, J.
On June 30, 1989, an automobile driven by John Charles Glaser, appellee, was traveling in the wrong direction on the inner loop of the Baltimore Beltway when it struck a car driven in the proper direction...
Bailey v. Maryland - 9/17/1992
On February 12, 1990, Robert Lee Bailey pled guilty in the Circuit Court for Anne Arundel County to battery and a fourth degree sex offense. Judge Raymond G. Thieme, Jr., sentenced Bailey to a one-year term of confinement, which he...
Balderston v. Maryland - 9/9/1992
Opinion by Motz, J.
The sole question presented in this appeal is whether voluntary home confinement, undertaken as a condition of probation, constitutes "custody" which must be considered for purposes of sentencing credit. Under...
Maryland v. Wadlow - 9/4/1992
Opinion by Bloom, J.
Lauren Marie Wadlow was indicted (First Count) for possession of cocaine "in sufficient quantity to reasonably indicate under all circumstances an intent to distribute" the same, "to wit: over 448 grams of...
Owens v. Maryland - 9/3/1992
This appeal presents us with a small gem of a problem from the borderland of legal sufficiency. It is one of those few occasions when some frequently invoked but rarely appropriate language is actually pertinent. Ironically, in this...
Dashiell v. Maryland State Department of Health and Mental Hygiene. Daniel Coles - 6/23/1992
These cases involve the application of the State's Substance Abuse Policy, as originally promulgated by an Executive Order of the Governor of Maryland on April 7, 1989, to two State employees whose employment was terminated following...
Attorney Grievance Commission of v. Protokowicz - 6/9/1992
The Attorney Grievance Commission here seeks the immediate suspension of Stanley E. Protokowicz, Jr., pursuant to the provisions of Maryland Rule BV16.
Maryland Rule BV16 a 2 provides:
If an attorney is convicted of...
Whittlesey v. State - 5/13/1992
On this appeal, the sole question presented is whether the Double Jeopardy Clause of the Fifth Amendment to the Constitution of the United States prohibits the prosecution of Michael Whittlesey for the murder of James Rowan Griffin,...
Motor Vehicle Administration v. Chamberlain - 4/14/1992
The issues presented in this case involve determining what advice a police officer is required to give a driver detained on suspicion of driving while intoxicated or while under the influence of alcohol pursuant to Maryland Code, § ...
Hare v. Motor Vehicle Administration - 4/14/1992
Sterling Russell Hare, Sr. ("Hare"), petitioned for certiorari, requesting that we consider whether it was fundamentally unfair for his driver's license to be suspended for his refusal to take a chemical test for alcohol...
Schrimsher v. Maryland - 12/20/1991
Petitioner, Frank Lonnie Schrimsher (Schrimsher), attempts to bootstrap his payment before trial of the preset fines for certain traffic violations into a double jeopardy bar to a prosecution for driving while intoxicated. The attempt...
Huff v. State - 12/20/1991
The principal issue presented by this motor vehicle manslaughter case concerns immediate appeals from orders denying dismissals sought on double jeopardy grounds. The question is whether immediate appeals of those orders lie from the...
White v. Maryland - 12/6/1991
This is an appeal in which the appellant contends that first the District Court and then the circuit court erred in refusing to allow him to subpoena the State's toxicologist as a witness in the appellant's trial on charges of driving...
Motor Vehicle Administration v. Bruce Clayton Shrader. Motor Vehicle Administration - 10/31/1991
These three cases require our construction of Maryland Code (1987, 1991 Cum.Supp.), § 16-205.1 of the Transportation Article, which under certain circumstances authorizes
the suspension of driving privileges when a...
Powell v. Maryland - 10/30/1991
This case presents two questions for our resolution, namely, whether the failure to hold, or waive, a preliminary hearing is jurisdictional and whether, under the facts sub judice, hearsay evidence should have been admitted. When it...
Mitchell v. Montgomery County - 10/2/1991
This case arose out of an unfortunate occurrence on November 28, 1986, when Johnny Mitchell, appellant in this case, was struck by a Montgomery County Ride-On Bus while walking along Route 355 in Gaithersburg near the intersection of...
Bowie v. Maryland - 9/11/1991
Damon Alejandro-Christopher Bowie, appellant, was convicted by a jury in the Circuit Court for Prince George's County of two counts each of: first degree murder; attempted murder; assault with intent to murder; malicious shooting;...
Attorney Grievance Commission of v. Rohrback - 6/26/1991
Respondent, Maynard R. Rohrback (Rohrback), is a solo practitioner whose office is in the Glen Burnie area of Anne Arundel County. One morning in August 1987 Rohrback received a telephone call from a client who had been arrested and...
Glasser v. Maryland - 5/29/1991
After a non-jury trial in the Circuit Court for Baltimore County, John Charles Glasser, appellant, was convicted of manslaughter by automobile. For this offense, he was sentenced to five years imprisonment. Appellant now challenges...
In re Montrail M. - 5/15/1991
This appeal involves two adjudicatory hearings in the Circuit Court for Kent County, sitting as the juvenile court. Each was based upon a separate incident. In the hearing on the first incident, appellant Montrail M. was found to...
Krauss v. Maryland - 4/1/1991
More than 50 percent of all highway fatalities in Maryland and the entire United States are alcohol related. The number killed on our nation's highways annually is equal to all Americans, approximately 50,000, killed over a ten year...
Consumers Life Insurance Co. v. Smith - 4/1/1991
Consumers Life Ins. Co. (Consumers) appeals from the judgment of the Circuit Court for Baltimore County granting a motion for summary judgment filed by the plaintiff below, Patricia Ann Smith, appellee. Smith filed suit against...
Flaherty v. Maryland - 3/27/1991
On 13 September 1987, Michael Francis Flaherty was charged with operating a motor vehicle while intoxicated, and with negligent driving. Flaherty retained counsel, and on 14 April 1988, in the District Court of Maryland sitting in...
Waddell v. Maryland - 11/28/1990
"Those who cannot remember . . . past [judicial errors] are condemned to repeat . . . [them]." These words of wisdom set the tone for this appeal. Warren A. Waddell (appellant) complains to us about a conviction of first degree...
Privette v. Maryland - 10/9/1990
We are requested to answer three questions in this case: (1) whether a circuit court has original jurisdiction to try a defendant on a charge of driving without insurance; (2) whether the trial court erred in preventing the...
Maryland v. Kennedy - 10/9/1990
In this case we must determine whether the Circuit Court for Carroll County erred in granting Petitioner probation before judgment pursuant to Maryland Code (1957, 1987 Repl.Vol., 1989 Cum.Supp.), Article 27, § 641 rather than...
Snow v. Maryland - 9/4/1990
The Fourth Amendment states that the
"right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon...
Beckwith v. State - 8/31/1990
The petitioner, Allen E. Beckwith, was charged by Maryland Uniform Complaint and Citation forms with three motor vehicle offenses occurring in Montgomery County on August 18, 1985. One Complaint and Citation form charged him with...
Carter v. Maryland - 6/1/1990
In this case we are asked to determine whether a District Court sentence for driving under the influence of alcohol may be increased in the circuit court under the enhanced punishment statute when the subsequent offender notice is...
Hunter v. Maryland - 5/8/1990
On the evening of May 25, 1988, while driving south on Md. Route 213 toward Centreville, appellant slammed into the rear of a vehicle that had just turned on to Route 213, killing a passenger in the rear seat of that car....
Attorney Grievance Commission of v. Ficker - 4/18/1990
The Attorney Grievance Commission (AGC), acting through Bar Counsel, charged Robin K.A. Ficker (Ficker) with violations of the Code of Professional Responsibility (for acts that occurred on or before 31 December 1986) and of the...
Lester v. Maryland - 4/3/1990
The appellant, Kenneth Dean Lester, was convicted at a non-jury trial in the Circuit Court for Baltimore County of possession of phencyclidine (PCP) with intent to distribute and driving under the influence of a drug. He was...
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