General question for case at work

[ecmst12]

This involves an auto accident in Maryland. What I am trying to figure out is if 'Driving while impaired' (under MD statute 21-902(b)) is considered a reduced charge compared to 'DUI-Per Se' (statute 21-902(a)(2)). I'm trying to figure out what the final outcome of the charge was, it affects my insured's credibility as far as fault determination goes.

While I (hopefully) have your attention, does anyone know what 'Disposition: PBJ (6-220)' might mean?

The driver received 5 tickets at the accident and I'm told that he completed some kind of program and his license was eventually restored. But I looked up the court case and I can't decipher what he ended up pleading guilty to. It looks like the initial traffic court charges were all dropped and merged into one criminal case for the DUI. I'm also told (by the owner who was the passenger) that he smelled like alcohol, but passed both they breathalyzer and field sobriety test, but was arrested and charged anyway.

Any help would be greatly appreciated.

 

[seniorjudge]

...
This involves an auto accident in Maryland. What I am trying to figure out is if 'Driving while impaired' (under MD statute 21-902(b)) is considered a reduced charge compared to 'DUI-Per Se' (statute 21-902(a)(2)). I'm trying to figure out what the final outcome of the charge was, it affects my insured's credibility as far as fault determination goes.
...

I think so. Here's what one lawyer's website says:

Maryland 21-902 (a) .08% BAC, $1000-1yr (per se intoxicated) PER SE RULE 21-902(b) less than .08% $500-60 days A breath test of .08 or more will be considered per se under the influence. A test result of .07 or more, but less than .08, will be prima facie evidence that the person is impaired by alcohol. The other inferences and presumptions contained in Courts and Judicial Proceedings Article, § 10-307 remain the same. A person who is convicted a second time of driving under the influence in violation of § 21-902(a) within 5 years of a prior "a" conviction receives a mandatory one year suspension of their driver's license or privileges. There is no work permit or interlock restriction allowed for the one year. After the year the person is required to put an interlock on all vehicles they own for from 3 months to one year. They are entitled to a hearing for an Adminstrative Law Judge to determine the length of the interlock restriction and whether there is financial hardship involved with installing an interlock on more than one car. Additionally, a second "a" conviction within 5 years of the first carries a mandatory minimum sentence of 5 days incarceration or 30 days community service. A third "a" conviction within 5 years carries a mandatory minimum sentence of 10 days incarceration or 60 days community service. Incarceration includes house arrest or in patient treatment. There are additional, non-criminal sanction/penalties for driver's license or privilege suspension hearings arising out of arrests for drunk and drugged driving for refusal to submit to a breath or blood test driving under the influence or while impaired; refusal to take testis 120 days for a first offense and one year for any subsequent offense. The penalty for a test result of over .08 is a 45 day suspension for a first offense and a 90 day suspension for a subsequent offense. Under certain circumstances a licensee may be eligible for a restricted license allowing driving to and from employment, during the course of employment, and to and from an alcohol education or treatment program. In some cases, licensees will only be eligible for a restricted license if they agree to the installation of an interlock device in their car. In order to avoid the potential suspension of an individual's driving privilege, contact a counsel of your choosing to protect

I am intentionally not giving the lawyer a free ad. Sorry.

 

[seniorjudge]

PBJ is probation before judgment. Again from a lawyer's website:

Transportation 16-117.1. Expungement of driving record

What it means: In Maryland, as in most states, a DUI or driving under the influence, stays on your record permanently (or atleast for a very long time). I am often asked by my clients when a PBJ or probation before judgment can be removed from their record. The answer is that the driver must wait ten (10) years to do so and then may apply for expungement as long as there is no alcohol charge pending at the time the request for expungement is made.

That State however feels as if alcohol charges should never be expunged so they may try to fight such an expungement request. Additionally, many judges on the bench will ask the defendant in Court if she has ever been convicted of such an offense before. The judge will then use an affirmative answer against the Defendant. Thus, even if a Defendant did get an expungement, it may not result in anticipated positive consequences.

The code section follows: Transportation 16-117.1

The 620 refers to Maryland Code (2001), § 6-220 of the Criminal Procedure Article.

 

[seniorjudge]

DISCLAIMER:

I am not a Maryland lawyer.

I've never even been there!

 

[ecmst12]

That was incredibly helpful SJ, thanks!

So the PBJ means that there is no verdict recorded, he does the program and waits the 10 years and as long as he doesn't have another arrest for the same thing, it can be removed from his record?

 

[seniorjudge]

That was incredibly helpful SJ, thanks!

So the PBJ means that there is no verdict recorded, he does the program and waits the 10 years and as long as he doesn't have another arrest for the same thing, it can be removed from his record?

I am not really sure how it works up there.

The way I am familiar with is that the thing never gets on the defendant's record unless he screws up.