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Maryland DUI Lawyer

When you retain Jack Hyatt in your DUI, Driving on Suspended or Revoked License, Speeding or Radar case, you will get an excellent opportunity to have your case dismissed prior to trial. You will also get an excellent opportunity to avoid a PBJ or DUI criminal conviction that can stay with you for the rest of your life, result in multi-year insurance increases and loss of your license.

(Client Comments)

"As the result of Jack Hyatt’s aggressive representation, and after an argumentative trial, the jury returned not guilty verdicts in all DUI and 12 related charges. In his initial, intensive consultation, he stated exactly what he would do and his persistence achieved a perfect result. He is the lawyer you absolutely need to consult."~~T.W.

Jack Hyatt is the lawyer you need to speak with. He got my Baltimore City drunk driving charges dismissed on his motions before I had to testify. No ifs, no ands no buts, "dismissed". ~~V.E.

"I was thrilled to learn that you had my DUI case dismissed prior to trial and we did not even have to appear in court. I thoroughly recommend your services."~~D.G.

"Thanks for a job extremely well done in getting my DUI, negligent driving, and all 11 related charges dismissed prior to trial so I did not have to appear in court and also having my MVA hearing dismissed."~N.M.

"I was nervous about my DUI charges from the day I was charged until the day you called several days prior to trial indicating all charges would be dismissed and I would not have to appear in court. Thanks again for suggesting I not accept the state's offer to plead guilty."~~R.F.

"I selected Jack Hyatt because of his experience, knowledge and reputation. He thoroughly investigated my case, detected technical mistakes made during my arrest and had my DUI and all other charges completely dismissed at trial. If you are charged with DUI or any traffic charge, he is the lawyer you need to call."~~R.S.

"I was extremely worried about my pending DUI charges due to two prior DUI convictions. Your aggressive representation was excellent in getting all DUI charges dismissed prior to trial. You seemed much more knowledgeable than my two prior attorneys and were always available to answer my questions."~~T.D.

"Thanks for your outstanding representation in filing an effective appeal and getting my sentence reduced to PBJ on the appeal."~~M.L.

"The result you obtained in my third DUI case was outstanding and far better than my second case in which I had a different lawyer that was not as knowledgeable as you. I wish I had known about you and switched lawyers earlier. Thanks." ~~M.J.

"Your straight forward answers to my questions were greatly appreciated. Thanks again for getting my Federal DUI dismissed."~~ S.E.

"Thanks for a job well done in getting my driving an uninsured vehicle dismissed so did not have to appear in court."~~C.F.

" Thanks for suggesting I contest my Baltimore County driving on suspended license charge and getting my case dismissed.   Your representation was outstanding."~~M.A.

"Thanks again for your aggressive representation in getting my MVA hearing dismissed and saving my license. I am so glad I switched lawyers."~~F.F.

"Your representation and results exceeded my expectations in my DUI case and you seemed more knowledgeable than lawyers in my prior DUI cases."~~J.D.H.

"I appreciate all of your efforts in getting all of my Anne Arundel County DUI charges dismissed."~~R.E.

"I am so glad I selected you as my lawyer and did not plead guilty as I originally intended as your representation resulted in getting my driving on a suspended license charge dismissed. Thanks for a job well done." ~~D.B.

"Your diligent representation was excellant in getting me a PBJ for my second DUI. The outcome was better than I expected. Thanks" ~~I.A.

?Your strategy, motions and aggressive representation was excellent in my violation of probation case. Thanks for getting my probation continued especially as it was against the recommendation of the state?s attorney and the court agreed with your arguments.?~~ G.W.

Upon receipt of your call, we will fully explain all your options, common police mistakes, proven DUI defenses that work, re-testing, expungement of records, how to save your license, the ways in which DUI cases can be dismissed prior to trial and the very best way to proceed in your case depending upon your facts.

Jack I. Hyatt is fully licensed to practice in every Maryland county as well as the Maryland Federal court. Even if you believe you are guilty, the state may not be able to prove you are guilty. Our aggressive representation will enable us to target your available defenses to get your case dismissed. You can either schedule an appointment, or if you are more than 20 miles from our office, or out of state, you can begin your case by telephone in which event, the steps we take and the result will be identical.

Both Maryland and out of state lawyers have chosen Jack I. Hyatt to represent them in their personal DUI cases.

As a past Assistant State's Attorney, he has gained experience in over 20,000 cases, thoroughly knows the state's play book, understands police mistakes, and is able to use both sides of the law to target potential available defenses to get your case dismissed prior to trial, keep your license, avoid a PBJ, and a criminal conviction for DUI and multi-year insurance increases.

The police are required to follow strict procedures. Failure to do so can lead to the dismissal of your DUI case. What is referred to as a "Technicality"or "Loophole", is actually a way of using the constitution to have your case dismissed. I understand how to dismantle the toughest cases, even with the highest breath test results. I also understand exactly how physical or mental illnesses or disabilities can be confused with DUI and the very best way to project these defenses to the court and also recognize when they will not work. Not every lawyer has the same training and experience to defend DUI cases.

We offer you an excellent opportunity to avoid a guilty plea, a permanent DUI or PBJ conviction on your record that often can never be expunged, multi-year insurance increases and possible fine or jail sentence. Each case is different and past records are no assurance that the lawyer will reach a favorable result in any future case. "Justice is your right, we demand it" Upon receipt of your call we will target your available defenses. A question that is frequently asked is whether or not to submit to a breathalyzer test. Upon receipt of your call we will provide our answer.

JACK I. HYATT
DUI/DWI Attorney
Credentials
Former Assistant State's Attorney
Former Senior Criminal Probation Officer
Admitted To Practice Before:
The U.S. Supreme Court
Maryland Court of Appeals
Maryland Court of Special Appeals
Federal District Court
Member:
Maryland State Bar Association
Baltimore City Bar Association
Baltimore County Bar Association
University of Baltimore
A.A. B.S. J.D.
Honorable Discharge United States Army

"There is No Substitute For Experience."

Mr. Hyatt is fully licensed to practice in every Maryland county, Baltimore city, all Federal Courts in Maryland as well as the United States Supreme Court.

Throughout your case, he will require the State of Maryland to prove every single element of their case beyond a reasonable doubt, which often, they can not do. He will ask detailed questions begining when and why you were stopped, what did the arresting officer observe, how detailed is his memory, was the stop legal, was any search legal, reviewing what was said to induce you to speak, take any tests, were field tests administered properly, did the officer fully know how to administer the tests, was all machinery used in good repair, was all machinery used tested properly, was the machinery timely tested, did the officer know how to properly use the machinery, did the officer who tested the machinery know how to properly test it, when did the officer last qualify on the machinery are examples of premininary questions.

It only takes one of these non-compliant elements to be detected to enable Mr. Hyatt to get your case dismissed prior to your trial.

Our office represents numerous parties around the country who do not reside in Maryland. If you reside outside Maryland, or more than thirty miles from our office, and your case is in the Maryland Court system, you can begin your case be mail. Whether you begin your case by scheduling an office appointment, or by mail, what will be done, every sequence, every procedure and the end result will be identical.

Because you were charged with DUI in Maryland, Speeding, Driving on a Suspended License or Radar does not mean the State can prove their case. While most police officers perform their tasks properly, there are many instances when their acts, omissions, or failure to comply with detailed procedures when giving a ticket, or making an arrest, creates a valid and enforceable defense to enable your case to be dismissed prior to trial. Solid preparation and a knowledgable Maryland DUI lawyer, with years of courtroom experience, who understands the sequences of arrest and trial are your best defenses and chances to get your case dismissed prior to trial.

As the result of your interview, I will detect the weakest link or links of the state's case and if a defense exists, I will detect it, raise it on your behalf and have your case dismissed prior to trial.

During your interview, I will ask detailed questions to determine what happened when you were charged and will explain what defenses will work to get your case dismissed. Just because the state has charged you with DUI does not mean you are guilty or the state state can prove you are guilty. Every case and factual sequence has a weakest link. The fact is, in numerous cases the state absolutely can not prove guilt.

I have been in that very same position, for many years, involved in many thousands of cases, as a past assistant State's Attorney. I know how to seek out the weak elements in the state's case and often can have the case completely dismissed prior to your trial.

Explaining to the court you were going with the flow of traffic, did not have a lot to drink, your speedometer was, or was not working, that other vehicles were traveling at a similar same speed, will provide your best chance of a busy, but polite judge, imposing a guilty verdict, causing an accumulation of points, an insurance premium increase and possible loss of your license. You can walk into any traffic court, at any time, and watch how these excuses do not work, but consistently result in points on your record and a substantial increase in insurance costs.

Jack I. Hyatt is an aggressive, seasoned, and experienced trial Maryland DUI Lawyer, having an extensive knowledge of the Maryland traffic court system, bringing over 30 years of courtroom experience, in many thousands of cases, to enable you to have the best opportunity to get your case dismissed. He has tried over 20,000 cases for the State of Maryland as an Assistant State's Attorney For Baltimore City. This, day in, day out, continuous courtroom experience has enabled him to have a clear understanding how the Maryland traffic court system works, from the point of the initial charge throughout the entire court process. If you were stopped due to radar, photo radar, laser, lidar, vascar, police car pace or airplane pace, Mr. Hyatt's specific knowledge will enable him to zero in to detect essential elments of non compliance and get your case dismissed.

Not every attorney has the training, knowlege, and experience to effectively handle jailable traffic charges. Choosing the right attorney might make the difference between going to jail or going home.

Frequently, knowlege of specific DUI and traffic court decisions and statutes, makes the entire difference between wining and losing. Motions filed with the court are meaningless, without incorporating these specific legal authorities into the documents filed on your behalf. Busy trial judges, who hear hear many different tyes of cases, may not be as knowledgeable as a dedicated Maryland DUI Lawyer who can bring specific knowledge to each case which will make all of the difference between wining and losing.

Examples of Motions I am familiar with and can file on your behalf to attempt to have your charge thrown out are:

  • To determine if the officer had reasonable suspicion to stop you?
  • To determine if the officer had probable cause to place you under arrest?
  • To suppress any statement you made in custody because you were not read your rights to remain silent?
  • To suppress any sample of your blood, breath or urine where procedures were not properly followed?
  • To object to evidence that was not obtained properly?

410-486-1800

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THE DUI DWI SEQUENCE

The legal penalties for a DUI charge are not resolved in one proceeding. Rather, the penalties are encountered several stages of the legal process. In addition, the consequences depend greatly on the individual case. The stages and corresponding legal penalties are summarized below.

Once an officer decides to charge an individual with DUI the first set of consequences are immediate arrest and confiscation of the individual's driver's license.

A temporary license is issued.

The next stage is the first administrative hearing, in which a judge effectively decides how long driving privaleges will be suspended after the temporary license expires. This hearing must be requested within 10 days of arrest or privelages are suspended without a hearing.

A judge bases his/her decision to suspend a license on whether or not there were reasonable grounds for the DUI or DWI charge.

Below are the guidelines that judges follow when they do find resonable grounds and order suspensions.

For a DUI charge mandatory 45 day suspension on a first offense. Mandatory 90 day suspension for a second offense.

Jack I. Hyatt

"I was thrilled to learn that you had my DUI case dismissed prior to trial and we did not even have to appear in court. I thoroughly recommend your services."~~D.G.

For a DUI charge up to 60 days suspension on a first offense.

If an individual is charged with DUI and refuses to submit a breath or blood test he/she faces a penalty of a 120 day suspension. For a repeat offense the penalty for refusal is 1 year.

Guilt or innocence is decided during the next stage, a court hearing by a District Court Judge. When a judge finds a defendant is guilty common consequences are summarized below:

1st Offense: Fine up to $1000 and/or up to 1 year imprisonment

2nd Offense: Fine up to $2000 and/or up to 2 year imprisonment 12 points on your MVA Record

1st Offense: Fine up to $500.00 and/or 60 days imprisonment

2nd Offense: Fine up to $500.00 and/or 1 year imprisonment 8 points on your MVA Record

* The State's Attorney may file subsequent offender papers which allow enhanced penalties for repeat offenders.

In addition, if found guilty of DUI by the district Court judge, an individual may be required to reappear before an administrative law judge for a second hearing for the issuing of further penalties. These penalties may include the possibilities of suspension, revocation, or restriction.

Continue to the next section to find out what issues you should immediately consider so that these consequences can be avoided if at all possible.

MARYLAND DUI PENALTIES

The most commonly charged criminal offenses are driving while under the influence of alcohol and driving while impaired by alcohol. Driving while under the influence or DUI can be proven by a test result of .08 or more or by evidence showing that the driver's normal coordination has been substantially impaired as a result of the consumption of alcohol. The maximum penalties are 1 year and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense. DUI also carries 12 points with the MVA and at a hearing the driver's license may be revoked.

Driving while impaired by alcohol or DUI can be proven by evidence showing that the driver's normal coordination was impaired to some extent as a result of the consumption of alcohol. This offense can be proved by evidence of a test result of .07 or more, but less than .08. The maximum penalty is 60 days and $500 for a first offense and one year and $500 for a subsequent offense. DUI also carries 8 points with the MVA and at a hearing the driver's license may be suspended.

If the driver who has been found guilty of DUI has not had a prior DUI or DWI in Maryland within the previous 5 years, he or she may be eligible for a probation before judgment or PBJ. When a driver receives PBJ, they are placed on probation for a specified length of time.

If the terms of probation are fulfilled, points are not assessed and the entry of guilt goes on a segregated record at the MVA that is not available to the public, but is available to law enforcement and the courts.

HOW TO DEAL WITH THE POLICE

Always Be Calm And Polite

First and foremost remember that police are people too, and also remember that law enforcement is a VERY difficult and dangerous job. With that in mind, you should always deal with the police in a calm, polite, and professional manner. But being polite does not mean that you should ever, under any circumstances, give up your rights.

Never Admit To Anything

You have no obligation to answer any question. If you are in your car, you must provide license, registration, and insurance. Anywhere else, you have no requirement to provide any information, and you cannot be arrested for not talking to the police. However, never badmouth or obstruct the police. If you are being arrested or detained, you have a right to know why. If not, ask if you are free to go and if so leave immediately. Everything you say to the police is important, and may be recorded without your knowledge. Never offer any extra information. lf you do answer questions, keep them very short and to the point, and most important, Never confess - it does not help you.

Insist On Seeing A Lawyer You have a legal right to speak with a lawyer. Never speak to a police officer without at least consulting one. If you speak to the police without a lawyer, you have given up one of your most important rights. Never agree to go to the police station to answer questions or submit to interrogation.Never confess - it does not help you.

Always Protest A Search

Even if the search is by a court ordered warrant you should always make it very clear that any entry onto your premises is fully against your wishes, and that YOU DO NOT CONSENT IN ANY WAY TO THE SEARCH. Never cooperate in a search - it does not help you.

Never Invite The Police Into Your Home, Office or Car

Jack Hyatt

Any lack of protest can be considered an invitation. If they ask if they may enter, and you do not immediately voice your strong protest, this may be construed as an invitation on your part. This voids your right to privacy, and you lose this right later in court. Never cooperate in a search - it does not help you.

The Police Can and Do Lie

The supreme court has upheld that the police can lie to you for any reason. The police cannot lie in court, or in official documents, (although some do). If you ask a plain-clothes police officer if they are the police, they can lie and say that they are not (this is one of the most common misunderstandings by citizens if you ask an undercover cop if they are the police, they can legally say no, and claim to be something else). In fact an undercover police officer can take illegal drugs with you to "prove" they aren't police. The police can lie about evidence they have about you (they can fabricate ''fake'' evidence to convince you to confess, for example). Fake evidence cannot be used in court, but if it makes you confess, it no longer matters. Never confess - it does not help you.

Be Aware Of Your Body Language and Eye Movements

Be conscious of your body language and eye movements in front of the police officer. The police (especially interrogators) are very well trained in reading your body language and eye movements. These are involuntary movements that you make, and reveal your state of mind, and even if you are lying or telling the truth. Remain calm, do not react to questions, and never offer any information or answer a question you do not want to. Never confess or cooperate in a search - it does not help you and it will not make the justice system more lenient on you - EVER.

Most important: Remember that the justice system is not more lenient on you when you give up your rights. Confessing or cooperating will only make things harder on you. When you give up your rights, you also give up any hope of being treated fairly. Always be polite and courteous, but never cave in and waive your rights. EVER.

Examples of ways to beat DUI

ILLEGAL STOP OF PERSON OR VEHICLE

? a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.

STANDARD FIELD SOBRIETY TESTING IS INACCURATE ? in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be frequently judged by these tests.

NON-STANDARDIZED FIELD TESTS ARE INVALID ? neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

BREATH TESTING IS INACCURATE ? virtually all experts concede that one breath test alone is unreliable. The Maryland Supreme Court has remarked that breathalyzers are not foolproof. Finally, breath testing in Maryland is subject to various inaccuracies, including a +/- 12.5% variance, non-specificity for ethanol, etc. BOOKING ROOM VIDEOS ? Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

HOSPITAL BLOOD TEST INACCURATE ? Hospital blood tests overestimate a person?s true level by as much as twenty five percent in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.

INDEPENDENT WITNESSES ? often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant?s sobriety.

FAILURE TO MIRANDIZE ? prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

BREATH TEST DEVICE NOT APPROVED - A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.

OFFICER?S PRIOR DISCIPLINARY RECORD - a law enforcemenet officer's previous disciplinary record can be used to attack the officer?s credibility.

PORTABLE BREATH TEST INADMISSIBLE - Maryland law prohibits the use of portable breath testing results as evidence at trial in a DUI case.

PORTABLE BREATH TEST IMPROPERLY ADMINISTERED ? The manufacturers of portable breath testing machines require a minimum of two tests to consider the results evidential in nature.

FAILURE TO CONDUCT OBSERVATION PERIOD ? Maryland requires that a driver be observed continuously for a minimum twenty minutes prior to a breath test in order for the results to be considered admissible and valid.

EXPERT WITNESSES ? Expert witnesses are available to review the validity of breath tests, blood tests and Field sobriety tests.

FAILURE TO PROVE DRIVING ? a defendant?s admission to driving, without more, does not prove a charge of driving under the influence.

Jack Hyatt Lawyer

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED ? according to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.

LACK OF PROBABLE CAUSE TO ARREST -- A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

WEAVING INSIDE THE LANES IS NOT ILLEGAL ? weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.

ANONYMOUS REPORT OF DUI -- a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

BREATH TEST OPERATOR UNLICENSED - A Maryland Breath Test Operator must possess a valid, unexpired operator?s license, or the breath test result is inadmissible.

STATUTES OF LIMITATIONS ? A misdemeanor charge of DUI must be filed within eighteen months of the date of offense, or the charges will be dismissed outright.

ILLEGAL SEARCH ? the police are prohibited from searching a person or an automobile for a minor traffic offense, and can not search a car without a driver?s consent or probable cause. Any evidence illegally obtained is not admissible in court.

PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS ? any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer?s credibility.

FAILURE TO RECORD CERTIFICATION TESTS ? the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

FORCED BLOOD DRAWS ? the police may not take a blood test against the driver?s consent where there has not been an injury involved, or the result is inadmissible.

POST-DRIVING ABSORPTION OF ALCOHOL ? the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.

Jack Hyatt Attorney

INTERFERING SUBSTANCES ? many items contain forms of alcohol which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.

BREATH MACHINE NOT PROPERLY OPERATED ? the manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

MEDICAL AND HEALTH PROBLEMS -- Medical problems with legs, arms, back, neck, and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.

BAD WEATHER ? Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

FAILURES TO PRODUCE DISPATCH TAPES ? most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.

MISLEADING STATEMENTS BY POLICE OFFICERS ? Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver?s record.

BREATHALYZER MACHINE MALFUNCTIONS ? if there is a malfunction or repair of the breath test instrument within sixty two days after or before a suspect?s breath test, the results of the suspect?s test are presumed invalid.

BREATH TEST OPERATOR LICENSE EXPIRED -- An Maryland Breath Test Operator must possess an unexpired operator?s license, or the breath test result is inadmissible. Licenses expire automatically every 3 years.

PRIVATE PROPERTY ? a person who has not driven the car on a public highway cannot be suspended for DUI.

FAILURE TO DISCLOSE EXPERTS ? the failure of the prosecutor to disclose the state?s experts will cause those witnesses to be barred from testifying at trial.

LACTATE RINGERS ? when hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.

Maryland DUI/DWI Interlock Providers
The following are companies that provide interlock services in Maryland. An interlock is a device that is installed on your vehicle to show the non -use of alcohol in your system when the car is started and while you are driving The device requires a breath sample by the driver in order to start the vehicle and again during the course of driving.

The device is basically an option following a DUI arrest in Maryland when a breath sample is provided reflecting a BAC of .15 or higher or when the driver refuses to blow when requested to by a police officer.

The following locations are approved by the Maryland MVA:

Alcohol Detection Systems - 800-786-7394

Guardian Interlock Systems - 800-499-0994

National Interlock Service - 800-374-5760

Smart Start - 800-880-3394

Draeger Interlock of Maryland - 800-332-6858

The foregoing companies offer different products at different rates They may also charge differently for their prodcurts.

Mailing Address: (By Appointment Only> 1866 Autumn Frost Lane Baltimore, MD 21209-1131

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