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5 Steps to Take During and After a DWI Arrest in Maryland
Being arrested for impaired driving is a grave matter in Maryland that can drastically affect one’s life and future. Getting a drunk driving defense lawyer involved early is crucial to appropriately protecting your rights and building the most robust case possible. This blog will provide a helpful step-by-step guide regarding what one should do after being arrested on suspicion of DWI in Maryland to be best prepared for criminal defense.
Law Offices of Marc A. Ominsky help clients navigate complex legal situations that could compromise their future interests. With experience in DUI/DWI defense, our team will work to resolve your disputes. Contact us now at 443-539-8712 or email us at info@mdlegalfirm.com to speak with our experienced team of drunk driving defense lawyers.
Step 1: Remain Calm and Polite During the Traffic Stop
The first step begins at the traffic stop itself. One must remain calm and polite when interacting with the police officer, even if they believe the stop was unwarranted. Being rude, aggressive, or non-compliant will only worsen the situation.
Chapter 7 vs. Chapter 13 Bankruptcy: What’s Best for Maryland Businesses?
Declaring bankruptcy can be a difficult decision for business owners in Maryland. However, it may be necessary to protect the business from creditors and get a fresh financial start. There are two main types of bankruptcy options for businesses,Chapter 7 and Chapter 13. Deciding between the two chapters involves understanding key differences and consulting a qualified bankruptcy attorney in Maryland.
Law Offices of Marc A. Ominsky help clients navigate complex legal situations that could compromise their future interests. With experience in bankruptcy and business law litigation, our team will work to resolve your bankruptcy disputes. Contact us now at 443-539-8712 or email us at info@mdlegalfirm.com to speak with our experienced team of bankruptcy attorneys.
Overview of Business Bankruptcy Chapters
Under the federal bankruptcy code, businesses can file for either Chapter 7 or Chapter 13 bankruptcy. The chapters offer different debt relief solutions:
Are DUI checkpoints legal in Maryland?
Normally, DUI traffic stops happen when a car is in motion, a police officer sees a reason to pull the driver over and initiates a traffic stop. There is a clear set of steps that must be followed, including the officer having reasonable cause to pull the car over in the first place.
DUI checkpoints, on the other hand, skirt that part of the law. Instead of looking for a reason to pull a specific car over, the police just stop every single vehicle that comes through the checkpoint. They can then let drivers through if they appear sober or pull them to the side for further testing if it’s suspected that they may be under the influence.
Is this legal? It’s a hot point of contention in many legal circles. Some states, like Michigan, have determined that these checkpoints violate citizens’ rights by forcing them to endure searches without reason. That state and some others do not use checkpoints.
However, Maryland does use them and considers it legal since the Supreme Court ruled that checkpoints do not violate anyone’s rights as long as the authorities use them properly. There is also the general idea that it is preferable to subject some innocent drivers to a checkpoint if that means catching more intoxicated drivers than to allow those impaired drivers to cause accidents.
Green lights do not always mean the intersection is safe
When your light turns green, you assume that means two things. First, the cross-traffic has stopped because they now have a red light. Second, it is safe for you to proceed into the intersection, whether you are turning or just driving through.
Unfortunately, both assumptions may not be true. They technically should be. Other traffic is supposed to stop. It is supposed to be safe. But that doesn’t mean everything has worked out as intended.
Remember, people run red lights all of the time. Some do it accidentally, perhaps because they looked down and didn’t see the light change. Others do it intentionally, deciding to run the red to avoid having to stop — or because they tried to speed up for the yellow light and still didn’t make it.
Don’t think of a green light as something that protects you. It offers no physical protection at all. It just tells you what should happen if everyone around you follows the rules of the road. But, for that to happen, you need to trust those other drivers to uphold their side of the deal. If they don’t follow the rules and you drive into their path, though it’s not your fault at all, you could still get involved in a very serious accident.
Will calling an ambulance lead to bankruptcy?
There are many stories of people refusing to call an ambulance because they do not know how they would cover the cost of a ride to a medical center. Some of them seek other means of transportation or even try to drive themselves to the hospital.
But is this financial fear warranted? How bad is it, from an economic standpoint, to call an ambulance? Could it actually lead to bankruptcy?
The cost depends on a lot of different factors, so it’s hard to put one specific number on it. What type of ambulance do you call? Do you have health insurance? What does it cover? How far did you need to go? There are a lot of variables, but it quickly becomes clear that it can be very expensive.
For instance, one man needed a ride for just two miles. The cost was $2,700. He did have insurance, so a lot of it was covered, but he still wound up with a bill approaching $800. For those without insurance, the total cost would clearly be much higher.
Does Medical Debt Lead to Bankruptcy?
Medical care in the United States is expensive. Even some individuals who have decent insurance find that the co-pays, deductibles and uninsured costs are expensive. It isn’t really surprising that medical debt is the top reason why people consider either filing for bankruptcy or taking money out of their retirement accounts.
There are a few things to consider when you’re weighing filing for bankruptcy due to medical bills. One of these is that you can’t file only for the health care debts. All of your creditors have to be named in the bankruptcy so that there isn’t any favoritism. This is good news for many people because it gives them a fresh financial start without having to try to struggle to pay off other creditors.
Another consideration for some people is that they may have to find a new doctor if they file for bankruptcy. While many doctors understand that people will have financial difficulties, others take a hard stance against seeing patients who had prior balances discharged.
Did You Know that Falling at a Waterpark/Pool Can Lead to a Legal Case?
The summer is here, and it’s a great time to head to an outdoor pool or waterpark. It’s hot outside, so being able to cool down is a treat.
You do need to be cautious around pools and wet surfaces, though. In a worst-case scenario, a slick area could be wet and have no friction, which could lead to you falling.
What should you do if you fall at a waterpark or public pool?
If you slip and fall when you’re at a waterpark or public pool, it’s important for you to let the facility’s staff or owner know right away. Some have their own medical staff onsite that can help provide you with some medical attention until an emergency medical team comes or you’re able to get to the emergency room.
When you fall, you should make note of why it happened. For example, if you were walking and slipped on a slick area of sidewalk, then the owner may be liable for not resurfacing the area to add friction. Similarly, if you slip and fall because of damage or defects, you may have a case.
Do you qualify to file for Chapter 7 bankruptcy in Maryland?
Even those with good jobs, a home and a strong sense of responsibility can wind up in a financially precarious position where they feel like they have to file for bankruptcy due to overwhelming debt. Of all of the different forms of personal bankruptcy available, Chapter 7 bankruptcy is arguably the most straightforward and aggressive.
Also known as liquidation bankruptcy, Chapter 7 proceedings involve a person in debt asking the courts to discharge those debts. The courts occasionally seize assets from the person filing in order to repay creditors as appropriate and possible. Once the courts approve the filing, the individual receives a discharge of their unsecured debt and can start rebuilding their financial lives.
Obviously, Chapter 7 bankruptcy can be beneficial for someone struggling with unsustainable levels of debt. Unfortunately, it is also one of the more difficult forms to qualify for, as there are limits on the assets you can protect and the income you can earn.
Don’t think of bankruptcy as a moral decision
People sometimes avoid filing bankruptcy for the simple reason that they feel bad about it. They consider filing bankruptcy to be a moral failing — they borrowed the money, so isn’t it wrong of them to use a financial tool that makes it so they do not have to pay the money back?
The argument over this rages on, but the idea that bankruptcy is a moral choice is fundamentally flawed, and puts all of the blame on the borrower. The reality, though, is that bankruptcy is often due to things that borrowers have no control over.
For instance, perhaps you opened up your own business, something you’d wanted to do for years. You borrowed money to do it. Then the economy slipped into a major recession. Suddenly, your business couldn’t get any customers, and it failed almost as soon as it started. You can’t control the recession, so you didn’t do anything wrong. Shouldn’t you use all of the tools at your disposal to make the best of the situation?
The role of negligence in slip-and-fall claims against a business
In order to bring a claim against an individual or business, there typically need to be certain qualifying factors. For example, if you want to bring a slip-and-fall claim against a business where you fell and got hurt, you will naturally need to prove that the incident happened and then demonstrate the real-world impact of the incident.
Medical bills, employment records that show you missed several weeks of work and even the repair receipt for the phone that you cracked when you fell can all help prove that you suffered real damages and validate your desire to bring a personal injury claim. To be successful, however, you’re also going to have to show that the property owner’s negligence is behind your accident.
The role of neglect in a premises liability claim
There’s a popular saying that "accidents happen." However, most of the time when someone gets hurt while visiting a business, what occurred was not truly an accident. An accident is a situation that people could not reasonably predict or take steps to prevent.
From our office in Ellicott City, the Law Offices of Marc A. Ominsky, LLC represents clients throughout the area, including but not limited to Annapolis, Arbutus, Baltimore, Beltsville, Catonsville, Clarksville, Columbia, Crofton, Elkridge, Fulton, Glen Burnie, Greenbelt, Jessup, Laurel, Linthicum Heights, Odenton, Pasadena, Pikesville, Randallstown, Savage, Towson, Anne Arundel County, Baltimore County, Howard County, and Prince George's County.
Results listed are not a guarantee or indication of future case results.
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