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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Jones v. Maryland-National Capital Park & Planning Commission - 3/30/1990
Officer Barry Bratburd, of Maryland-National Capital Park & Planning Commission, while traveling between two facilities of that agency, was stopped at the intersection of Route 1 and Rhode Island Avenue in Prince George's County...
Padgett v. Maryland - 3/12/1990
Aubrey Ryon Padgett, Jr., a resident of Prince George's County, was arrested in Anne Arundel County and charged with driving while intoxicated, driving while under the influence of alcohol, and failing to drive within a single lane....
Krauss v. Maryland - 2/28/1990
On March 16, 1988, Frank Leroy Krauss, appellant, was convicted by a jury in the Circuit Court for Cecil County (Rollins, J.) of driving under the influence of alcohol. Appellant was sentenced to sixty days incarceration and was...
Cunningham v. Maryland - 12/26/1989
On 28 January 1987, Alvin Cunningham simultaneously possessed, in a single bag, separate quantities of heroin and cocaine. The surrounding circumstances were sufficient to support a finding that Cunningham possessed these controlled...
Hawkins v. Maryland - 12/22/1989
Historically, one of the sacred cows of Maryland practice is the trial de novo on an appeal from a court of limited jurisdiction to a circuit court. Currently appeals from the District Court of Maryland, other than by consent or in...
Attorney Grievance Commission of v. Alison - 11/7/1989
For about two years, respondent, an attorney in Harford County, engaged in a course of professional and private conduct that was inappropriate, rude, vulgar, insulting, occasionally dangerous, and sometimes criminal. As a result,...
Thorne v. Contee - 11/1/1989
A Montgomery County jury awarded appellant Barbara G. Thorne (Thorne) damages in the amount of $500,000, jointly and severally, against appellees Lawrence J. Contee (Contee) and his employer, Alfred H. Smith, Jr. (Smith).
The...
Hersch v. State - 9/7/1989
These two cases, tried separately in the Circuit Court for Prince George's County, generate the same question -- may a waiver of the right to a hearing and to adequate proof of a violation of probation be accomplished by a...
Maryland v. Kennedy - 5/3/1989
Judge Donald J. Gilmore, at a non-jury trial in the Circuit Court for Carroll County, entered a verdict of guilty against John Kevin Kennedy for the crime of escape. The judge stayed entry of the judgment and placed Kennedy on...
Telak v. Maryland - 4/7/1989
Maryland Code (1974, 1984 Repl. Vol.), § 12-401(a) of the Courts and Judicial Proceedings Article, authorizes an appeal by the State from the final judgment in a District Court criminal case "if the State alleges that the trial...
Brown v. Maryland - 3/3/1989
At about 2:30 in the morning of August 7, 1987, agents of the Sheriff's Department of Wicomico County, the Maryland State Police, and the Salisbury Police Department began to implement a pre-planned paramilitary operation...
Maryland v. Crampton - 12/2/1988
The issue here is whether a defendant's demand for the presence of a breathalyzer technician in District Court must be renewed when the case is transferred to the circuit court. We hold that such a demand need not be renewed under...
Maryland v. McGrath - 11/30/1988
The appeal before us presents a question of statutory interpretation. Md.Ann. Code art. 27, § 641(a)(1) -- at the time germane to this appeal -- provided, in relevant part, that:
"Whenever a person accused of a crime...
Brown v. Maryland - 10/3/1988
The overriding question we are asked in this appeal is whether two prior convictions for driving while intoxicated may be used to show the "gross negligence" element of manslaughter by automobile.
A jury in the Circuit Court...
Minor v. Maryland - 9/13/1988
At issue in this case is the constitutionality of Kevin Claude Minor's sentence of twenty-five years in prison without the possibility of parole under Maryland's habitual
criminal statute. Minor was sentenced pursuant to...
General Accident Fire & Life Assurance Corp. v. Perry - 6/9/1988
Michael D. Perry, appellee, filed suit in the Circuit Court for Dorchester County (Edmondson, J.) seeking a declaratory judgment that an accident in which he was involved was covered by an automobile liability insurance policy...
Maryland v. Shilling. - 5/11/1988
A judge in the Circuit Court for Carroll County on successive days imposed probation before judgment in different cases on two persons charged with driving while intoxicated, a violation of Md.Transp.Code Ann. § 21-902(a). For each...
Nast v. Lockett - 4/11/1988
This appeal revolves around the propriety of submitting to the trier of fact in an automobile accident case the allowance of punitive damages against a drinking driver.
I
Three cars were involved in the accident. One was...
Morris v. Weddington - 4/11/1988
On March 5, 1983, an automobile driven by appellee William H. Weddington, Jr., and owned by appellees Donald and Dorothy Ault struck four year old Keith T. Morris, severely fracturing his right leg. In a suit for damages brought in...
Brooks v. Maryland - 3/10/1988
ORDER
The Court having considered and granted the petition for a writ of certiorari, in the above entitled case, and
The Court having found from the undisputed facts that at a hearing in the District Court of Maryland,...
International Association of Firefighters v. Prince George's County - 3/7/1988
The International Association of Firefighters Local 1619 (IAFF) appeals from an Order of the Circuit Court for Prince George's County which granted the motion for summary judgment filed by appellee Prince George's County, Maryland...
Wiseman v. Maryland - 10/13/1987
In Smith v. State, 64 Md. App. 625, 498 A.2d 284 (1985), a defendant was accused of violating the terms of her probation, in part by failing to report regularly to her probation agent as required. When arrested on that charge,...
Maryland v. Davis - 9/21/1987
In Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983), the Supreme Court held that the sentence of life imprisonment, without parole, imposed under the facts of that case, violated the principle of proportionality...
Swinson v. Maryland - 6/16/1987
Appellant was convicted in the Circuit Court for Kent County of driving under the influence of alcohol, in violation of Md.Code Ann.Transp. art., § 21-902(b), and failing to keep to the right of center. The maximum penalty for a ...
Brice v. Maryland - 6/10/1987
This appeal by Victor Chandler Brice, a convicted drunken driver, betrays a naive failure on his part to appreciate that the very laws he invokes were designed deliberately to facilitate his conviction, not to shield him from what...
Attorney Grievance Commission of v. Winters - 6/4/1987
The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against Richard Mark Winters (the respondent), alleging violation of Disciplinary Rule 1-102(A)(1), (3), (4), (5) and (6) of...
Crampton v. Maryland - 6/3/1987
Roland H. Crampton was tried and convicted by a jury in the Circuit Court for Montgomery County for driving while intoxicated and failure to reduce speed to avoid an accident. He was sentenced on the driving while intoxicated...
Motor Vehicle Administration v. Lindsay - 6/2/1987
Following Edward Lindsay's conviction of driving a motor vehicle while intoxicated, the Motor Vehicle Administration (MVA) of the State Department of Transportation, after a hearing, suspended his driver's license for 90 days....
Maryland v. Fincham - 5/11/1987
Md. Code Ann. art. 27, § 641(a)(1) permits a court, if satisfied that the best interests of the person and the welfare of the people of the State would be served thereby, to stay the entry of judgment in a criminal case and...
Bryant v. Maryland - 4/16/1987
The appellant, Charles R. Bryant, was initially convicted of driving while intoxicated and related offenses. He was ultimately placed on probation for three years and ordered to pay a fine of $1,000 and court costs of $135. He...
McAvoy v. Maryland - 4/9/1987
Joseph McAvoy, the appellant, was convicted in the Circuit Court for Carroll County of driving while under the influence of alcohol in violation of Md.Code (1977, 1984 Repl.Vol.), § 21-902(b) of the Transportation Article. He...
Casper v. Maryland - 3/10/1987
This appeal concerns evidence that must be presented to assure the accuracy of results from a breathalyzer test offered in a prosecution for drunk driving.
Facts
Appellant, John E. Casper, Sr. (Casper), was the...
Herbert v. Whittle - 11/12/1986
Cheryl Marie Herbert, appellant, appeals from a jury verdict in the Circuit Court for Baltimore County awarding $100,000 to Rebecca Lynn Whittle and $112,984 to Forrest L. Whittle, appellees. Ms. Herbert raises the following issues...
Brosan v. Cochran - 11/10/1986
This case presents questions relating to the claimed constitutional right (1) of an individual apprehended for drunk driving to a face-to-face consultation with his attorney prior to deciding whether to submit to a...
Hasselhoff v. Maryland - 5/20/1986
The appellant, Selmar C. Hasselhoff, was convicted by a Baltimore County jury, presided over by Judge Austin W. Brizendine, of manslaughter by automobile and homicide by motor vehicle while intoxicated. Upon this appeal, he raises...
Attorney Grievance Commission of v. Shaffer - 1/9/1986
In yet another case involving an attorney with problems with alcohol we shall do as we have done in some other cases, that is we shall indefinitely suspend with the right after thirty days to apply for reinstatement subject to...
Maryland State Police v. Resh - 11/12/1985
The question presented in this case is whether the Law Enforcement Officers' Bill of Rights (LEOBR), Maryland Code (1957, 1982 Repl.Vol.), Article 27, § 727 et seq., barred an investigation initiated by a law enforcement agency...
Attorney Grievance Commission of v. Newman - 11/5/1985
Bar Counsel, acting pursuant to the provisions of Maryland Rule BV9, filed a petition with us seeking disciplinary action against John Henry Newman, Jr., a member of the Maryland Bar since June 20, 1974. The complaint was based...
Reid v. Maryland - 4/25/1985
In 1982 legislation was passed by the General Assembly requiring the inclusion of a victim impact statement in a presentence investigation if the defendant committed a felony causing physical, psychological or economic injury to the...
Cook v. Maryland - 4/15/1985
In the early morning hours of November 13, 1983, Joseph Creegan, an off duty Howard County Police Officer observed a slow moving Chevrolet traveling southbound in the northbound lane of North Summit Road in Gaithersburg. The vehicle...
Rowe v. Maryland - 4/9/1985
A contract murder brought us this appeal. Joe Bill Rowe, appellant, ardently contends that he was not the hired gun. Prosecutors in Anne Arundel County convinced
a jury otherwise, for on March 30, 1984, Rowe was convicted...
Huebner v. District Court of Maryland. Hans J. Huebner - 4/8/1985
Gisela Huebner and her father, Hans J. Huebner, want a jury trial in the Circuit Court for Prince George's County. The State, however, invoking the so-called "Gerstung
Rule," insists that the Huebners be tried initially in...
Curtin v. Maryland - 11/8/1984
The appellant was convicted in a trial by jury in the Circuit Court for Montgomery County (James S. McAuliffe, Jr., J., presiding) of assaulting Officer Barry L. Abramowitz of the Gaithersburg City Police Department and Officer...
Sites v. Maryland - 9/12/1984
The primary issue in this case is whether a person apprehended for driving while intoxicated has a statutory or constitutional right to consult counsel before deciding whether to submit to a chemical sobriety test.
I. ...
Briscoe v. Maryland - 9/6/1984
In a four count information, appellant Joseph Austin Briscoe was charged with manslaughter by motor vehicle (Count 1), homicide by motor vehicle while intoxicated (Count 2), driving while intoxicated (Count 3), and driving while...
Maryland v. Werkheiser - 5/9/1984
In this instance we are presented with the question whether dismissal is the appropriate sanction, in a criminal case involving driving while intoxicated or under the influence of alcohol, where the provisions of Maryland Code...
Curley v. Maryland - 5/3/1984
Under Maryland Code (1957, 1982 Repl.Vol., 1983 Cum. Supp.), Art. 27, § 591, implemented by Maryland Rule 746, the trial in a circuit court criminal prosecution must commence within 180 days of arraignment or the initial...
Maryland v. Beard - 5/3/1984
I.
Maryland Code (1957, 1982 Repl.Vol.), Art. 27, § 591, and Maryland Rule 746, inter alia, require that a circuit court criminal case be tried within 180 days of arraignment or the first appearance of counsel, unless the...
Kursch v. Maryland - 6/10/1983
Michael Jerome Kursch pleaded guilty in the Circuit Court for Anne Arundel County (Lerner, J.) to a charge of driving while under the influence of alcohol. Md. Transp. Code Ann. § 21-902 (b). The State entered a nolle prosequi to...
Willis v. Maryland - 6/9/1983
In the early morning hours of 25 December 1981, Caroleann Willis, appellant, was the driver of a car involved in a two-vehicle accident in Howard County. Two occupants of the other automobile died as a result of the collision....
General Motors Corp. v. Wernsing - 3/3/1983
This appeal is concerned with an accommodating bailiff who, without the knowledge of the trial judge or trial counsel, supplied a dictionary to the jury, thus contaminating it. The judge declined to order a new trial as a result of...
Attorney Grievance Commission of v. Sherman - 1/11/1983
Robert Stephen Sherman (Sherman or Respondent), a member of the Bar of this Court since 1965, excepts to findings of having violated a number of disciplinary rules. All of the factual issues revolve around whether Sherman accepted...
Maryland v. Loscomb - 10/13/1981
This case concerns the circumstances under which the results of chemical tests for alcohol are admissible in evidence. More particularly, it presents three questions. The first question is whether the exclusionary rule contained in...
Morrow v. Maryland - 12/10/1980
Joseph Gerald Morrow, the appellant, was convicted by a jury in the Circuit Court for Baltimore County of manslaughter by automobile in the death of John Albert Hughes, Sr. He was sentenced to a term of 15 months, which was later...
Fouche v. Masters - 10/16/1980
In this automobile negligence case arising out of a head-on collision, a jury awarded $50,000 damages to an injured passenger against both the host driver and the personal representative of the driver of the second car who died of...
Loscomb v. Maryland - 5/19/1980
-- PREFACE --
This case was argued before the Court on December 10, 1979. We issued an opinion on January 10, 1980. Appellant filed a motion for reconsideration. We granted that motion and recalled the opinion as filed on...
Gainer v. Maryland - 10/11/1978
At a jury trial in the Criminal Court of Baltimore (Kaplan, J., presiding) appellant was convicted of murder in the second degree and was sentenced to a term of 22 years'
imprisonment. On this appeal, he assigns error...
Reed v. Maryland - 9/6/1978
The issue in this criminal case is the admissibility of voice identification testimony based on the analysis of spectrograms, commonly described as "voiceprints."
In September 1974, a woman was raped, late at night, outside...
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