Bicycle Accidents

Maryland's Bicycle Accident Lawyer

Representation In Maryland's Bicycle Crash Cases

Over the past fifteen years, the Maryland legislature has moved protecting cyclists to the forefront of Maryland's public policy agenda. With a rise in inclusivity for bikers, laws to protect the rights of Maryland cyclists have been increasingly passing. In October of 2018, a law was enacted which gives bicyclists the right of way on pedestrian crosswalks. This law means that regardless of speed or negligent driving, a motorist can be charged in court and face minor jail time and fines just as he or she would in an accident involving a pedestrian. The law also means that if you are hit by a car while riding your bicycle in a crosswalk you have a very strong personal injury claim against the at fault driver. In 2010, a bill was passed that requires motorists to keep at least three feet of distance from bicyclists when passing. However, despite laws aimed to protect Maryland cyclists from an accident, reckless driving results in thousands of injured bicyclists each year. If you or a loved one has been injured or even killed in a bicycle accident in Maryland, you may be entitled to compensation.

How to Receive Compensation from a Bicycle Accident

After an accident, your first step should be to contact attorney Nicholas A. Parr at 410-978-4000 for a free consultation. Nicholas A. Parr is an experienced bicycle accident lawyer and has been winning bicycle accident cases for over ten years. He will work to get you the largest settlement for your bicycle accident. If the settlement you deserve is not reached through presuit negotiations, rest assured that Nicholas Parr will personally fight for you in court to obtain the best possible result. Bicycle Accident Injuries Unfortunately, bicycle accidents almost always result in injuries. It is important to have your bicycle accident injuries evaluated by a healthcare professional. If you need referrals to doctors or specialists, Nicholas Parr has relationships with well-respected healthcare professionals throughout the state of Maryland to help assess and treat your injuries. Whether your injuries are minor such as skin scrapes, surface cuts, bruises, and sprains or more severe resulting in broken bones, spinal damage, herniated disks, amputations, and organ or brain damage, Nicholas Parr will fight to get you the settlement you deserve.

Economic and non-economic damages can include:

  • Medical bills

  • Rehabilitation bills

  • Lost wages

  • Future earning potential

  • Pain, suffering, and inconvenience

  • Diminished quality of life

  • Caretaker expenses

  • Wrongful death

 

Man Rides His Bike Through Baltimore, Maryland

In the case of a bicycle accident, an excellent Maryland bicycle attorney is a phone call away. You can rely on Nicholas Parr, an experienced Maryland bicycle injury lawyer, to help you get the compensation you deserve. Call Nicholas A. Parr for the best representation and to ensure that you get the maximum recovery for your bicycle accident.

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Birth Injury

Birth Injury

BIRTH INJURIES

The birth of your child is supposed to be a joyous occasion. Unfortunately, many children are injured during pregnancy, the birthing process, and during the neonatal period, causing an otherwise joyous occasion to become one of the most difficult situations imaginable. Birth injuries are some of the most emotionally and financially devastating injuries possible. If your child suffers from cerebral palsy or another significant injury as a result of a negligence during your pregnancy, during labor and delivery, or in the newborn period, you likely have many questions that you would like answered, and you want to ensure that your injured child receives all the care that he or she needs. If you have found yourself in this difficult situation, you need an aggressive and competent lawyer who will thoroughly investigate the medical care that you received and fight for your child’s rights. The Law Offices of Nicholas A. Parr and the attorneys in his network would be honored to guide you and your family through this complicated process and to fight for justice on your behalf.

WHAT TYPES OF INJURIES CAN OCCUR TO A BABY?

Children can be injured as a result of negligence during pregnancy, labor and delivery, or in the newborn period. These injuries can arise from many different medical errors, and can result in many different injuries to both mother and child. While the circumstances in which birth injuries cases arise are endless, here are a few examples of the types of birth injury cases that we have handled:

  • Cerebral Palsy (CP)
  • Hypoxic-Ischemic Encephalopathy (HIE)
  • Prematurity; Ceclage; Progesterone
  • Brain Hemorrhage
  • Periventricular Leukomalacia (PVL)
  • Erb’s Palsy and brachial plexus injuries
  • Failure to deliver in a timely fashion
  • Intrauterine and fetal death
  • Death during the newborn period
  • Negligently performed forceps and vacuum deliveries
  • Chorioamnionitis and maternal infection
  • Maternal death
  • Birth Fractures
  • Subconjunctival Hemorrhaging
Baby Feet in Mother's Hands

WHAT DAMAGES ARE AVAILABLE?

The financial and emotional toll which goes along with caring for a child with disabilities can be devastating. You want the best possible care for your child, and you would like to to provide your injured child with all of the opportunities he or she deserves to get better and to live the happiest, healthiest life achievable. We may be able to help you.

  • Damages in birth injury cases may include:
  • Past and future pain and suffering
  • Past medical expenses
  • Future medical expenses
  • Attendant care for your child to allow you to return to work
  • Future lost wages/loss of earning capacity

If your child suffered an injury at birth, regardless of what you believe to be the cause or nature of the injury, The Law Offices of Nicholas A. Parr and the attorneys in his network would be happy to provide you with a free consultation and investigate any potential case on behalf of you and your child.

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Medical Malpractice

Medical Malpractice

Mistakes made by doctors, hospitals, and other healthcare providers can leave victims with significant pain and suffering, deformity, unending disabilities, and can even cause death. Making things more difficult is the fact that those healthcare providers are defended by large, powerful insurance companies and defense attorneys who work hard and expend tremendous amounts of money in an attempt to limit the compensation that you may receive for your injuries. In order to fight those powerful insurance companies and hospitals for the compensation you deserve you need an experienced and aggressive attorney who will work hard on your behalf and stand up for what is right. The Law Offices of Nicholas A. Parr and the attorneys in his network would be honored to guide you through this complicated process and to fight for compensation on your behalf.

 

A Gavel and a Stethoscope

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider “breaches the standard of care,” which is the term we used to describe negligence by doctors and other healthcare providers. The “standard of care” is what a reasonably competent healthcare provider, with similar training and experience, would do under the same or similar circumstances. When a healthcare care provider treats a patient negligently, and that negligence causes injury to a patient, the elements of a prima facie case of medical malpractice have been met.

What damages can I Recover in a Medical Malpractice Case?

Damages in medical malpractice cases can be catastrophic, having a far reaching impact on victims’ lives. If you have been the victim of medical malpractice, your damages might include:

  • Past and future pain and suffering
  • Past and future medical expenses
  • Past and future lost wages
  • Loss of ability to perform household duties
  • Loss of consortium (damage to a marital relationship)

What Type of Medical Malpractice Cases Does Nick Parr Law handle?

The Law Offices of Nicholas A. Parr, and the attorneys in his network, have handled many different types of medical malpractice cases. Regardless of your course of care, we are happy to review ANY potential case where a healthcare providers actions caused an unnecessary injury to a patient.

While the instances in which a medical malpractice case may arise are endless, here are a few examples of some of the types of cases and injuries that we have worked on:

  • Wrongful death (a medical mistake, in any circumstance, leading to death)
  • Spinal cord injuries and other injuries leading to paralysis
  • Surgical errors
  • Nursing Home Abuse and Injuries
  • Medication errors
  • Emergency room errors
  • Infection/Sepsis/SIRS
  • Birth injury, including obstetrical and neonatal malpractice
  • Amputation
  • Kidney injuries and other injuries to internal organs
  • Complex Regional Pain Syndrome and Reflex Sympathetic Dystrophy
  • Gentamicin ototoxicity and nephrotoxicity
  • Stroke and failure to administer tPA
  • Improper management of high blood pressure
  • Failure to diagnose
  • Transient Ischemic Attacks
  • Cancer misdiagnosis

If you have been injured as a result of receiving (or not receiving) medical care, call The Law Offices of Nicholas A. Parr for a free consultation.

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Bus Accidents

Bus Accidents

Nicholas A. Parr is no stranger to bus accident cases. He is an experienced bus accident attorney and handled numerous cases involving devastating bus accidents and bus accidents involving minor injuries. He has represented clients against just about every bus company in Maryland. Nicholas A. Parr has won bus accident cases against MTA, Charm City Circulator, MTA Mobility, WMATA, TheBus, Annapolis Circulator Trolley, and many other smaller mass transit operators. Buses are referred to as “common carriers” and are held to a standard which requires them to ensure the safety of passengers.

Often injuries occur in buses because they are not required to have seat belts or crash-resistant roofs like standard automobiles. With passengers not secured  during a bus accident and not protected with a crash-resistant roof, they are more susceptible to injuries, particularly to the spinal cord and brain. In fact, 70 percent of deaths in these accidents are due to passengers being ejected from the bus.

Nicholas A. Parr is an experienced bus accident lawyer and will investigate all aspects of the bus accident that left you or a loved one injured. He will investigate the driver's history, view video footage, and visit the scene where the accident occurred. Bus accidents are not always the bus driver’s fault. Often times another car causes the accident. Experienced Baltimore bus accident lawyers know that information needs to be gathered on every vehicle involved in the bus accident.

Common causes of bus accidents include:

  • Bus driver negligence
  • Driver fatigue
  • Failure to stop at a stop sign or traffic light
  • Sudden stops
  • Improper bus maintenance
  • Dangerous weather conditions
  • Unsafe lane change
  • Other drivers

Almost all of the major bus companies have videos of the inside and outside of the bus. MTA, Charm City Circulator, MTA Mobility, WMATA, and TheBus all should make reports and have its own investigation of the bus accident. Nicholas A. Parr is in constant contact with all of these bus companies and knows the best strategies and methods for determining who is at fault. On thing is for sure, the passenger is never at fault and Nicholas A. Parr will do everything he can to get you full compensation for your bus accident claim.

Prevalence of Public Transportation in Baltimore

Baltimore’s mass transit system is dominated by buses due to the lack of an effective subway system. Buses are prevalent throughout Baltimore and the surrounding area which results in a high number of bus accident injuries. Nicholas A. Parr is the Baltimore Bus accident attorney you need if you are injured while riding MTA, Charm City Circulator, or MTA Mobility. Contact us today for a free consultation.

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Truck Accidents

Truck Accidents

Semis, tractor trailers, 18 wheelers, big rigs whatever name you call them truck accidents can cause extensive property damage, serious personal injuries, and even death.

Nicholas A. Parr is an experienced Baltimore truck accident lawyer and has handled many cases against tractor trailers and the companies that own them. Baltimore truck accident cases can be complex. Nicholas Parr has an in-depth knowledge of truck accident cases. With major interstates such as I-95 and Route 70 Maryland has no shortage of truck accidents. Nicholas A. Parr is an experienced Baltimore truck accident attorney and has handled several serious truck accident cases.

car hit by truck in truck accident

Common Causes of Truck Accidents

Serious truck accident injuries are often the result of truck drivers who are pressed for time in transporting their cargo. Other causes of trucking accidents include:

  • Driver fatigue
  • Speeding
  • Substance abuse
  • Inadequate surveillance
  • Illegal maneuvers
  • Distracted driving
  • Poor truck maintenance
  • Inadequate training
  • Tight delivery schedules

The Federal Motor Carrier Safety Administration reports that serious truck accidents frequently occur because:

  • The truck driver moves outside his lane of travel into another lane or travels off the road altogether.
  • The truck driver loses control of his vehicle because his cargo shifts; he is traveling at a speed faster than conditions allow; he has a vehicle system failure; or the road conditions are poor.
  • The truck driver collides with the rear end of the vehicle directly in front of him because he is following too closely.

Injuries in Truck Accidents

Tractor-trailer accidents cause serious injuries to drivers. Because of the truck’s size and weight, the damage done to your vehicle, yourself, and any passengers can be devastating, even deadly. Having an experienced Baltimore truck accident lawyer is essential.

A few of the catastrophic truck accident injuries that may result from a collision with a tractor-trailer include:

  • Brain injuries
  • Spinal cord injuries
  • Burn Injuries
  • Amputations
  • Broken bones and fractures
  • Scarring and disfigurement

Nicholas Parr is an experienced Baltimore truck accident lawyer and can help you

Nicholas Parr fights for the victims of catastrophic injuries that result from truck accidents. He understand that these injuries can severely impact the quality of your life as well as your family and job. Nicholas A. Parr fights for the compensation you deserve.

Severe injuries from truck accidents may result in the need of long-term care and affect your ability to earn a living if you’re unable to work or perform your job as required. You may also need extensive medical care and rehabilitation for your injuries which can place a financial burden on your family. Nicholas A. Parr fights for compensation for:

  • Medical expenses
  • Pain, suffering, and inconvenience
  • Car repairs
  • Lost wages
  • Diminished earning potential
  • Long-term care
  • Funeral and burial costs (wrongful death cases)

In addition to fighting for your compensation, experience truck accident lawyers begin by conducting an immediate investigation. Time is of the essence as skid marks, gouge marks, accident debris, and other evidence needs to be collected. Often, Nicholas A. Parr will personally visit the scenes of accidents and document relevant factors by taking photographs, interviewing witnesses, and searching for physical evidence. In large cases, it may be necessary to immediately retain an accident reconstructionist to go to the scene take pictures, measurements, and get statements.

Experienced tractor-trailer accident lawyers make sure that all relevant evidence is preserved so that it can be reviewed and analyzed by our experts. A spoliation letter should be sent to the truck company to preserve all evidence such as the “black box” and the tractor-trailer. An inspection can reveal evidence that proves the truck driver caused the accident..

Nicholas A. Parr will fight to ensure you get full value for your truck accident claim. He works with life planners, medical professionals, and vocational professionals to determine the value of your truck accident case and make sure that you receive full compensation for your injuries. Contact us today for a free consultation.

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Motorcycle Accidents

Maryland's Motorcycle Accident Lawyer

Baltimore Motorcycle Accident Lawyer

Riding a motorcycle is a way of life. Unfortunately, riding a motorcycle has increased risk as you share the road with other cars, trucks, and commercial vehicles. Nicholas A. Parr is an experienced Baltimore motorcycle lawyer and has years of experience fighting for bikers who have suffered devastating injuries due to  motorcycle accidents.

If you’ve been injured by a negligent driver while riding your motorcycle you need a tough motorcycle accident lawyer who will fight for your rights. Nicholas A. Parr has won jury trials where the negligent driver tried to blame the biker. In fact, Nicholas A. Parr was able to win the case even though a police officer testified as a witness against the biker.

Causes of Motorcycle Accidents

Motorcycle accidents can happen on county roads or a major highways, such as Interstate 95. Motorcyclists have the same rights as car and truck drivers; however, bikers are extremely vulnerable to negligent drivers. A frequent excuse given by motorists is that they could not see the motorcycle, but that is a weak defense.

The National Highway Traffic Safety Administration (NHTSA) reports that motorcycle accident victims are 27 times more likely to be killed than those who are injured in car or truck accidents. There were over 5,000 fatal motorcycle accidents in 2015 alone.

As an experienced motorcycle accident lawyer, Nicholas A. Parr knows that the vast majority of motorcycle accidents are caused by negligent motorists who either fail to see motorcyclists or engage in reckless behavior.

Motorcycle Accident Injuries

Motorcyclists often suffer severe injuries when involved in a motorcycle accident because bikers are exposed and vulnerable. Bikers do not have air bags, windshields, or seatbelts to protect them in a motorcycle accident. Nicholas A. Parr is a tough motorcycle accident lawyer and will fight for injured motorcyclists, pursuing full compensation for injuries they suffered in the motorcycle accident.

The injuries in these cases are often severe. Severe injuries that can occur in a motorcycle accident include:

  • Brain injuries
  • Spinal cord injuries
  • Burn injuries
  • Amputated limbs
  • Scarring and disfigurement
  • Broken bones

Compensation You May Receive

Because of the severe injuries that can occur as a result of a motorcycle accident, it’s important to get a tough motorcycle accident lawyer to help you recover the full value of your claim. Injuries from motorcycle accidents accident can lead to financial hardship from medical bills and affect your ability to do your job or live your life comfortably.

Nicholas Parr is an experienced motorcycle accident lawyer. He understand the pain, suffering, and inconvenience injuries can cause. He will recover compensation for:

  • Medical bills
  • Rehabilitation bills
  • Bike repairs
  • Lost wages
  • Future earning potential
  • Pain, suffering, and inconvenience
  • Diminished quality of life
  • Caretaker expenses
  • Funeral expenses in cases of wrongful death

Negligent drivers cause motorcycle accidents and bikers deserve to recover for damages. As he has done in the past, Nicholas A. Parr will fight the insurance companies and will fight to recover the full value of your claim.

Sometimes, motorcyclists receive a bad rap. At trial Nicholas A. Parr will ensure that no jurors with preconceived negativity towards bikers sit on the jury. Nicholas A. Parr is an experienced motorcycle accident attorney and has won trials where the odds were stacked against the biker. With Nicholas A. Parr as your attorney the underdog can win.

If you’ve been injured while riding your motorcycle, contact us today!

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Car Accidents

Maryland's Car Accident Lawyer

How do I make a claim if I am injured in a car accident?

The most important first step to take if you are injured in a car accident is to contact an experienced Baltimore car accident lawyer. Car accident injury claims are complicated and an experienced car accident lawyer can ensure that you do this step properly and recover from your injuries too. Nicholas A. Parr is the Baltimore car accident lawyer you need if you are injured in a car crash. He has been recognized as a Rising Star by Super Lawyers Magazine for the past five years.

We go head to head with insurance companies that have teams of lawyers who are ready to evaluate your claim right away and do everything in their power to make sure you get the least amount of compensation for your car accident.

In the beginning, it is important to have your injuries evaluated by a healthcare professional as soon as possible. Often clients injured in an automobile accident will go to the emergency room or urgent care clinic like Patient First. Some injuries don’t manifest until a day or two after the accident. In many cases, clients will initially be seen by or receive follow up care with a chiropractor or physical therapist. For soft tissue injuries such as whiplash treatment, can last from one to three months. For more serious injuries treatment and evaluation by an orthopedist or neurologist may be necessary. In some cases, surgical intervention may be needed. Nicholas A. Parr has been winning Baltimore car accident cases since graduating from the University of Baltimore School of Law with Honors seven years ago. Nicholas A. Parr has relationships with many reputable health care providers in Maryland and can help you get an appointment immediately.

There are so many parts of a car accident injury claim. It is natural to be confused and have questions. Nicholas A. Parr is a proven Baltimore car accident lawyer and he will answer your questions. Nicholas A. Parr will help with the following:

  • Treatment for your injuries
  • Fixing your car
  • Setting up your personal injury protection (PIP) claim
  • Lost Wages
  • Medical Bills
  • Pain, suffering, and inconvenience
  • Settlements
  • Law Suits
Head on Car Accident

There are so many different types of car accidents and Nicholas A. Parr has seen them all.

  • Rear enders
  • Side swipes
  • Negligent left turns
  • Running red lights and stop signs
  • T-bones
  • Head on collisions
  • Unsafe lane changes
  • Hit and Runs
  • Drunk drivers
  • Uninsured drivers
  • Underinsured drivers
  • Multiple car pile ups
  • Parking lot accidents

Nicholas A. Parr is an experienced Baltimore car accident attorney and has won countless trials. The insurance companies know this, and Nicholas A. Parr is able to settle a majority of his client’s claims for full value. If a satisfactory settlement can’t be reached, clients can rest assured that the lawyer they see is the lawyer the get. Nicholas A. Parr will go to court and fight for his clients. Contact us today for a free consultation.

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Pedestrian Accidents

Pedestrian Accidents

Baltimore Pedestrian Accident Lawyer

Pedestrians have the right-of-way in many circumstances, and even if they do not, a careless driver may be held responsible. If a driver has the opportunity to avoid hitting a pedestrian and fails to do so that driver had the “last clear chance” and will be responsible. In fact, Nicholas A. Parr has won difficult last clear chance trials even when the pedestrian was not in a crosswalk. Nicholas A. Parr is an experienced Baltimore pedestrian accident lawyer. He has helped pedestrians who have been hit by cars recover for there injuries including medical expenses, lost wages, pain, suffering and inconvenience. Nicholas A. Parr is the Baltimore pedestrian lawyer you need if you have been hit by a car.

Causes of Pedestrian Accidents

Pedestrian accidents are extremely common especially in a busy city like Baltimore. Nicholas A. Parr is an experienced Baltimore pedestrian accident and has handled many large and small cases where clients were his by cars. He makes it his mission to stand up for pedestrians whose lives where devastated by careless drivers. Often, it is simply the failure of a motorist to obey traffic signals. In many cases, distracted drivers are on there cell phone at a stop and do not look up before accelerating.. A common cause of pedestrian injuries is when cars fail to stop at crosswalks. Frequently drivers will make turns without realizing the pedestrian has the walk sign. In addition, pedestrian accidents occur when drivers lose control and jump the curb.  School children and other bus passengers are extremely vulnerable to being hit by cars.

Assessing the Damage

Cars, trucks, motorcycles, and SUVs can cause severe bodily harm or death because pedestrian are totally exposed. Injured pedestrians may suffer catastrophic injuries requiring extensive medical treatment and possibly resulting in permanent injuries. Insurance companies will try to minimize the amount your injury claim is worth. Hiring an experienced Baltimore pedestrian accident lawyer is essential.

Pedestrians crossing the street

Proving Entitlement

Representing people hit by cars can be complicated. Insurance companies try to claim that pedestrians contributed to the accident by crossing when it was not safe. Nicholas A. Parr is an experienced Baltimore pedestrian lawyer. He has won cases where the insurance company tries to blame the pedestrian. He won a case where a client was crossing the street outside of a crosswalk, in dark clothes, at night. He has successfully argued case where the drive had the “last clear chance” to avoid hitting the pedestrian. In addition, he will make sure the other vehicle’s personal injury protection pays for your medical bills upfront if possible.

 

If you have been hit by a car while crossing the street contact us immediately. Nicholas A. Parr is an experienced Maryland pedestrian accident lawyer and he will fight for full compensation for your case.

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Criminal Defense

Criminal Defense

Nicholas A. Parr Is An Experienced Baltimore Criminal Defense Lawyer. He Fight For Your Rights.

 

Being charged with a crime does not make you a criminal. Too often the charge is related to a misunderstanding that was blown out of proportion. The threat of criminal conviction can also affect your life, your family, and your employment.

Nicholas A. ParrNicholas A. Parr is an experienced Baltimore criminal defense lawyer and is here to make sure that your rights are protected and that you get the best possible outcome. If you have been charged with a crime contact us today for a free consultation.

Common criminal charges include the following:

  • First Degree Assult
  • Second Degree Assult
  • Burglary and Robbery
  • Drug Charges, CDS Possession
  • Theft
  • Prostitution
  • Violation of Probation
  • Weapons Charges
  • Violent Crimes

What is the difference between a misdemeanor and a felony?

Misdemeanor: Crimes of a less serious nature which are generally punishable by payment of a fine, probation, community service, restitution, and the possibility of up to one year in prison.

Felony: These are serious crimes that are generally punishable by potential jail terms of at least one year to life in prison without parole or even death.

What are your rights?

Having an experienced Baltimore criminal defense lawyer on your side is important when you are charged with a crime. There are certain rights granted to you in the U.S. Constitution to protect you from being treated unfairly. Some of the basic rights you're entitled to include:

  • The right to an attorney
  • The right to trial by a judge or a jury
  • The right to be proven and found guilty beyond a reasonable
  • doubt
  • The right to face and cross-examine the witnesses against you
  • The right to call your own witnesses
  • The right to testify in your own defense
  • The right to remain silent
  • The right to a speedy and public trial
  • The right to an appeal

What is the difference between first degree assault and second degree assault?

The difference between first degree assault and second degree assault is one of severity. First degree assault occurs where someone causes or attempts to cause “serious physical injury” to another. In Maryland, first degree assault is a felony that carries a maximum sentence of up to 25 years. Second degree assault just requires that someone causes or attempts to cause “offensive physical contact” to another. Second degree assault is a misdemeanor in Maryland and carries a maximum sentence of 10 years.

What happens at a bail review?

If the defendant has yet to be released, Maryland law dictates that the defendant will receive a bail review hearing before a District Court judge within 24 hours of seeing the commissioner. The judge can lower the bond, raise the bond, keep the bond the same, release the defendant on his own recognizance, etc.

  • Nature and circumstances of the crime charged (e.g. a murder suspect is much less likely to receive any bail than a Marijuana suspect)
  • Prior record
  • Ties to the community (family, job, residency history, etc)
  • Danger to victim
  • Danger to him/herself
  • Input from the State, Pre-trial investigator and, of course, your attorney

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DUI/DWI

DUI/DWI

Nicholas Parr The Experienced Maryland DUI Lawyer You Need If You Have Been Charged With Drunk Driving In Maryland.

After being arrested for a DUI or DWI in Maryland the following days can be filled with regret and uncertainty. Nicholas A. Parr is an experienced Maryland DUI lawyer and is here to answer your questions and help you get back on track. Everyone makes mistakes, the trick is learning from those mistakes and never making them again. If you were arrested for drinking and driving contact us today for a free consultation as soon as possible.

Beer, Car Keys and a Gavel

What is the difference between DUI and DWI?

DUI stands for driving under the influence of alcohol and is the more serious drinking and driving charge. DUI is often referred to as the “A” charge. DUI requires a higher level of impairment. DUI is a misdemeanor and has a maximum penalty of one year in jail and/or a $1,000.00 fine. A conviction can result in the imposition of 12 points, and the possibility of a revocation of the driver’s license or privilege to drive. In Maryland, a BAC level of .15% or greater constitutes driving under the influence of alcohol. Sometimes drivers who have a BAC of greater than .08% are charged with DUI “per se” which simply means that the defendant had a breath result of .08% or higher.

DWI stands for driving while impaired by alcohol and is the lesser drinking and driving charge. DWI is often referred to as the “B” charge. DWI is a misdemeanor and has a maximum penalty of two months in jail and/or a $500.00 fine. A conviction can result in the imposition of 8 points, and the possibility of a suspension of the driver’s license or privilege to drive. In Maryland, a BAC level between .07% and .08% constitutes driving while impaired by alcohol. Still, a Maryland driver can be charged with driving while impaired by alcohol or drugs with an even lower BAC level. However, if the BAC is .05% or less there is a presumption that the driver was not impaired.

Do I need an MVA Hearing?

That choice depends on the circumstances. Your license was most likely taken and you were issued a 45 day temporary license. If you refused the breathalyzer or if your blood alcohol concentration was .15% or greater, you might as well save your money and skip the MVA hearing. In these instances, you can simply contact an interlock provider directly. However, if you need a work vehicle exception for the interlock an MVA hearing is necessary.

If your BAC was less than .15% your license will be suspended. If you need to drive your car for work, school, doctor’s appointment, etc., you should request a hearing so that a modification of the suspension can be requested. Otherwise, you will not be allowed to drive during the imposed suspension. In addition, if the officer did not follow required procedures an MVA hearing is an opportunity to expose defects in the MVA’s case. If a defect is established, the MVA may be unable to suspend your driving privileges and must reinstate your license.

Did I fail the field sobriety tests?

If you were arrested for drinking and driving there is a good chance you were asked to perform three standard field sobriety tests. The three standard field sobriety test include:

  • Horizontal Gaze Nystagmus
  • One Leg Stand
  • Walk and Turn

Many people don’t realize that you can politely refuse to take the standard field sobriety tests. Not only are they a tool that law enforcement uses to assess impairment they are also an opportunity to collect evidence to use against you. Each test has specific triggers or points that police officers look for to indicate impairment. Many of these triggers or points are subjective and not fair. For example, almost everyone raises their arms when asked to keep their balance. Well if you do that while performing the one leg stand or walk and turn, that is a point against you. In fact, you are supposed to keep your hands just inches from your sides. The most common mistake is starting the tests before told to do so. This mistake is common because so many drivers are eager to show the officer that they are not impaired by or under the influence of alcohol. One more common mistake is spinning at the turn of the walk and turn, that might be the best way to turn but it’s not correct. You need to follow the specific instructions. Unfortunately, the police officers don’t always give the best instructions.

Should I refuse a breathalyzer? What happens if I refused the breathalyzer?

Whether to take the breathalyzer is a hard question with no right answer. The best answer is that it depends on the circumstances. The breathalyzer is just one more tool law enforcement uses to assess impairment but at the same time collect evidence to use against you. In some instances, the less evidence the better. The higher the BAC the more likely the judge is to impose severe consequences. In addition, a refusal and a BAC of .15% or greater have the same consequences at the MVA-you will need to get interlock. One benefit to refusing the breath test is that the prosecutor will not have sufficient evidence to proceed with the DUI charge and will only be able to pursue the DWI. One important fact about the breathalyzer that is misunderstood is that the initial breath test done at the traffic stop is not admissible. The breath test that is done at the police barracks is the one that counts.

What is a probation before judgment?

If the State has defects in its case there may be a trial and a verdict of not guilty. However, often the State has the evidence it needs to get a conviction. In these instances, a guilty plea may be appropriate. If you choose to plead guilty, the best possible outcome is a probation before judgment, often referred to as a PBJ. A probation before judgment is not a conviction and no points will be assessed to your driving record.

What are the possible consequences?

  • Probation
  • Alcohol evaluation and treatment
  • MADD Victim Impact Panel
  • Observation at Shock Trauma
  • Fines
  • Jail
  • Suspended Sentence
  • Interlock
  • Community Service
  • Drug and alcohol testing
  • AA classes

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