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By Lee J. Eidelberg, Esquire

When facing a DUI stop in Maryland, the decision to take or refuse a breathalyzer test is complex and should be carefully considered. Here are some points to consider:

Reasons to Take the Breathalyzer Test

Implied Consent Laws: In Maryland, like in many states, there are implied consent laws. These laws mean that by obtaining a driver’s license, individuals agree to submit to a breathalyzer test if suspected of driving under the influence. Refusing to take the test can result in administrative penalties such as license suspension. For example, subject to the existence of reasonable grounds to detain and confiscate one’s license for driving under the influence or impaired, one is subject, for a first-time refusal, to a license suspension of 270 days unless one enrolls in the MVA’s ignition interlock program.

Potential for Mitigation: If you are confident that your blood alcohol concentration (BAC) is below the legal limit, taking the breathalyzer test can potentially provide evidence in your favor, leading to a quicker resolution of your case. It might also provide grounds for reduced charges (driving while impaired versus driving while under the influence) or penalties.

Avoiding Additional Penalties: Refusal to take the breathalyzer test can result in administrative penalties such as license suspension (see above), even if you are later found not guilty of DUI. By taking the test, you might avoid these additional penalties.

Reasons to Refuse the Breathalyzer Test

Accuracy Concerns: Breathalyzer tests are not always accurate and can produce false positives. Factors such as medical conditions, medications, or even certain foods can affect the results. If you believe the test might yield an inaccurate reading, you might choose to refuse.

Legal Defense Strategy: By refusing the breathalyzer test, your defense attorney might have more options for challenging the evidence against you. Without a breathalyzer result, the prosecution might have a weaker case, especially if other evidence is inconclusive.

Conclusion

Ultimately, the decision of whether to take the breathalyzer test in Maryland following a DUI stop depends on individual circumstances, including the level of confidence in one’s sobriety, potential legal strategies, and the willingness to accept the consequences of refusal. It’s crucial to consult with a knowledgeable attorney who can provide guidance based on the specific details of your case.

The foregoing is general information, for educational purposes, and is not intended as legal advice.

Corporate Transparency Act

Almost every business entity registered with a state (whether as an LLC, corporation, or otherwise) is required to complete and file a Beneficial Ownership Information Reporting (BOIR) form with the federal government.

Reporting Process

A copy of the current BOIR form is attached for reference. The form must be submitted online at www.fincen.gov/boi. The online portal is now open and accepting filings.

Deadlines

For entities created before January 1, 2024, the BOIR form must be filed by January 1, 2025.

For entities created on or after January 1, 2024 but before January 1, 2025, the BOIR form must be filed within 90 calendar days of entity formation.

Limited Exceptions

There are very limited exceptions to the reporting requirement. The “large operating company” exception may be available to any entity that: (i) employs more than 20 full time employees in the United States; (ii) has an operating presence at a physical office within the United States; and (iii) filed a Federal income tax or information return in the United States for the previous year demonstrating more than $5,000,000 in gross receipts or sales (excluding gross receipts or sales from sources outside the United States). The “inactive entity” exception may be available to any entity that: (i) was in existence on or before January 1, 2020; (ii) is not engaged in active business; (iii) is not owned by a foreign person, whether directly or indirectly, wholly or partially; (iv) has not experienced any change in ownership in the preceding twelve month period; (v) has not sent or received any funds in an amount greater than $1,000; and (vi) does not otherwise hold any assets. There are other exceptions available, but most of them relate to entities that have already reported ownership to the government pursuant to other rules and regulations (such as securities or banking regulations).

Updates

The reporting process and requirements remain subject to change as the government releases
additional guidance.

For assistance, please contact your CPA or one of our business law attorneys listed below.

Andrew R. Sandler, Esq. – asandler@levingann.com410.321.4660
Mayer E. Guttman, Esq. – mguttman@levingann.com410.321.4648
Sean K. Elavia, Esq. – selavia@levingann.com410.321.4651
Jacob M. Rappaport, Esq. – jrappaport@levingann.com410.321.4641

Note: This Summary is provided for informational purposes only, and no one should rely upon the information contained herein as constituting legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group or entity. The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual’s facts and circumstances. It is strongly suggested that you seek individual counsel to review your specific needs and goals.

By Lee J. Eidelberg, Esquire

Facing the aftermath of a vehicle-related law violation in Maryland can be daunting, but it’s crucial to understand the steps that follow a conviction and the options you have. Maryland’s District Court works in tandem with the Maryland Motor Vehicle Administration (MVA) to ensure that appropriate measures are taken in response to such violations. Here’s a breakdown of what happens and what options you have if you receive a notice of suspension or revocation from the MVA.

Maryland’s Points System

Upon being convicted of a vehicle-related law violation, the Maryland District Court notifies the MVA, which then applies points to your driver’s record based on the severity of the violation. The total number of points accumulated over a two-year period prior to the violation determines the MVA’s subsequent actions:

3 to 4 points: The MVA sends a warning letter.

5 to 7 points: The MVA requires enrollment in a Driver Improvement Program (DIP).

8 to 11 points: The MVA sends a notice of suspension.

12 or more points: The MVA sends a notice of revocation.

Responding to a Notice of Suspension

If you receive a Notice of Suspension due to accumulating 8, 9, 10, or 11 points, your response options depend on whether your points are for alcohol or drug-related violations:

1. Accept the Suspension: You can choose to accept the suspension, in which case you must return your driver’s license to the MVA before the suspension date indicated. You can return it by mail or in person to any MVA office or the Administrative Adjudication Division (AAD) in the Glen Burnie MVA office. Returning it late could extend the suspension period. If you no longer have the license, a written explanation or Certified Statement form is necessary.

2. Request a Hearing: If you believe the suspension should not be imposed, you can request a hearing by completing the notice and paying the filing fee within 15 days of the notice date. The Office of Administrative Hearings (OAH) will conduct the hearing, with details provided on the notice.

3. Ignition Interlock Program: For certain cases (primarily involving alcohol related offenses in which a Breathalyzer is refused of a BAC of .15 or greater is recorded), you can apply for the Ignition Interlock Program to avoid suspension. 

Notice of Revocation – Responding

For those who accumulate 12 or more points, a Notice of Revocation is issued. The options vary based on whether you have alcohol or drug-related convictions:

1. Accept the Revocation: Similar to suspension, you can accept the revocation by returning your license before the indicated date. Returning it late might extend the revocation period. A written explanation or Certified Statement form is necessary if you no longer have the license.

2. Request a Hearing: If you want to contest the revocation, request a hearing by completing the notice and paying the filing fee within 15 days. The Office of Administrative Hearings will conduct the hearing, with details provided on the notice.

3. Ignition Interlock Program: Just as in the suspension scenario, you can choose the Ignition Interlock Program to retain driving privileges.

Seeking Reinstatement

For those facing suspension or revocation, it’s important to understand the process of reinstating your driver’s license. Specific instructions and requirements are provided in the notice you receive.

In conclusion, when dealing with notices of suspension or revocation from the MVA after a vehicle-related law violation, you have a range of options to consider. Carefully assess your situation, your driving record, and the specifics of the violation, then choose the path that aligns with your circumstances and goals. Whether it’s accepting the consequences, seeking a hearing, or exploring the Ignition Interlock Program, understanding your options empowers you to make informed decisions and work toward maintaining your driving privileges.

By Lee J. Eidelberg, Esquire

In November 2022, Maryland voters approved a referendum to legalize marijuana for adult use. Following this, the Maryland Legislature passed the Cannabis Reform Act (H.B. 556/S.B. 516) in spring 2023. Governor Wes Moore signed the bill into law on May 3, 2023, thereby establishing its legal effect.

As of July 1, 2023, the sale of adult use cannabis is permitted in Maryland. To regulate this industry, the state imposes a 9% sales and use tax on retail sales of adult use cannabis and cannabis products. It’s worth noting that this tax rate mirrors the rate applied to the sale of alcoholic beverages.

In Maryland, marijuana is classified as a Schedule I controlled hallucinogenic substance. The penalties for possession of marijuana vary based on the amount and purpose of possession. Here is an updated version of the information:

Felony Offense: Possession of 50 pounds or more: Carries a minimum punishment of 5 years imprisonment and a fine not exceeding $100,000.

Regarding public consumption of cannabis:

There are specific provisions for “adult sharing” of cannabis:

“Adult sharing” refers to the sharing of 1.5 ounces of cannabis, 12 grams of concentrated cannabis, or cannabis products containing THC in amounts up to 750mg between individuals who are 21 years of age or older without remuneration.

However, “adult sharing” does not include situations where marijuana is given away along with another reciprocal transaction between the same parties, where a gift of marijuana is offered or advertised in conjunction with the sale of goods or services, or where a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.

Please note that laws and regulations are subject to change over time, and it’s always a good idea to consult the most current legal sources or seek professional advice for accurate and up-to-date information.

By Lee J. Eidelberg, Esquire

Throughout my years of practice, I frequently receive inquiries from drivers outside of Maryland who, while passing through the state, have received citations that they either ignored or forgot about. These drivers erroneously believe that their lack of contact with the state minimizes the risk of future consequences. However, several months later, these drivers are notified by their home state’s Motor Vehicle Administration (MVA) that their license has been suspended. This situation becomes even more serious when they are subsequently stopped and charged with driving on a suspended license, which can result in substantial fines and even incarceration, depending on the jurisdiction.

You may wonder how your home state found out about your ticket in Maryland. The answer lies in the fact that the majority of states (45 in total, plus the District of Columbia) are members of the Driver’s License Compact (DLC). The DLC is an agreement among states that mandates the exchange of information regarding individuals’ driving history. The primary goals of the DLC include promoting adherence to traffic laws in member jurisdictions, ensuring that drivers possess only one valid driver’s license, and providing each member state with a comprehensive record of a licensee’s past driving history.

To illustrate a common example, let’s consider Driver A, who resides in North Carolina and holds a driver’s license issued by that state. While returning from a business trip to New Jersey, Driver A receives a speeding ticket in Cecil County, Maryland. According to Maryland law, Driver A has thirty (30) days to take one of the following actions: (1) pay the fine indicated on the citation, (2) request a “waiver” hearing, or (3) request a trial. Believing that he is unlikely to drive through Maryland again, Driver A chooses to “forget” about the ticket. However, after the thirty-day period elapses, the District Court notes Driver A’s inaction and issues a “failure to comply” suspension. Consequently, Driver A’s driving privileges in Maryland are suspended. To compound the problem, because North Carolina is a member of the DLC, Maryland reports the suspension to the North Carolina MVA. As a result, Driver A’s driving privileges in North Carolina are also suspended. Upon receiving written notification of the suspension from the North Carolina MVA, Driver A discovers that he cannot lift the suspension in North Carolina until the Maryland suspension is resolved. If Driver A continues to operate a motor vehicle and is subsequently detained for an unrelated moving violation in any jurisdiction, he can be charged with driving on a suspended license.

To resolve this dilemma, I filed a motion with the Cecil County District Court to “recall” the failure to comply suspension and reset the citation for a trial. Courts are generally cooperative in granting this request when the motion is filed by an attorney who enters their appearance, guaranteeing that the offending driver will be represented on a new trial date. It is important to note that in cases involving “payable” offenses like Driver A’s, a personal appearance in court for the trial date is not required. Equally significant, once the District Court granted the motion to recall the failure to comply suspension, Driver A’s driving privileges in both Maryland and North Carolina were promptly reinstated. However, if Driver A had been charged with a “must appear” violation, typically punishable by both a fine and potential incarceration, and failed to appear,the court would likely have issued a bench warrant for his arrest. The process to recall a bench warrant for failing to appear in court for a “serious” traffic offense in Maryland, although somewhat similar to the scenario described, generally requires additional time and effort, including the driver’s personal appearance in court to resolve the case.

Edited for length and clarity. View full video.

WUSA9 interviews Debra Cruz and Shannon Boisseau in a report on the ACM’s recent decision establishing the framework for awarding fertilized embryos in a divorce

By Lee J. Eidelberg, Esquire

Moving violations in Maryland are of two varieties: “payable” or “non-serious” violations, and those which require the alleged offender to appear in court, or “must appear” violations.1 The latter violations, with limited exceptions, carry both monetary fines and a penalty of incarceration. Citations are now usually issued on a computer print-out, the lower right corner of which, gives the alleged offender three (3) options to resolve any or all “payable” violations, including checking a box to (a) pay the fine amount noted on the Citation, (b) requesting a “Waver Hearing,” or (c) requesting a Trial. The following addresses the options applicable to “payable” violations.

Paying the fine amount, whether in a single payment or pursuant to a payment plan approved by the court, is tantamount to a “guilty” plea and subjects the offender to a possible point assessment on their driving record by the Motor Vehicle Administration (MVA). Requesting a Waiver Hearing is a request for a trial date, although the Hearing limits the offender to tendering a guilty plea with “an explanation” because the citing Officer/Trooper is excused from appearing to offer evidence. Subject to the nature of the offense, the offender’s driving record, or other information presented at the Waiver Hearing, the court may offer the offender “Probation Before Judgment” or “PBJ,” a special disposition pursuant to which the Court withholds a “conviction” from the offender’s record and the result of which avoids any point assessment by the MVA. However, by requesting a Trial, the Officer/Trooper who issued the citation(s) is required to appear in court to offer evidence against the offender. Typically, if the Officer/Trooper fails to appear in court as scheduled, and absent prior notification to the court of circumstances amounting to “good cause” for the Judge to postpone the case, the Judge, upon a plea of “not guilty,” will dismiss the Citations or acquit the offender for lack of evidence.

Recipients of “payable” citations should also be aware that if they retain an attorney for court, their personal appearance in court is optional. Travel time (particularly for out-of-state drivers cited while passing through Maryland), conflicts with work or school, or the simple anxiety of appearing in a courtroom, are all reasons offenders absent themselves from court on their trial date. Doing so does not waive one’s right to a trial or compel an Officer/Trooper to appear and offer evidence to prove the State’s case. Additionally, counsel retains the right to cross examine the Officer/Trooper, raise any technical or legal objections to the charge(s) and evidence and upon a finding of guilt, to “mitigate” the potential fines and sentence of the court, including the avoidance of a conviction on the client’s record. For these reasons, an offender should give thoughtful consideration not only to requesting a Trial, but to engaging the services of a qualified traffic attorney to either accompany the offender to court or appear for trial in the offender’s stead.

Traffic attorneys routinely offer prospective clients a complimentary consultation to evaluate the nature of their citation(s), whether they are “moving” violations for which the MVA may assess points, and to discuss the best approach to defending the charges or mitigating their potential consequences.

1. Certain violations, while issued while a vehicle is “moving” carry no point assessment upon conviction. Those violations, unlike parking or speed camera violations, are included in this discussion.

The Appellate Court of Maryland  has recently established a multi-factor  framework for courts to determine the disposition of cryogenically preserved embryos in a divorce.  Tackling this issue for the first time in Maryland, in Jocelyn P. v. Joshua P., the appellate court said:

Neither this Court nor the [Supreme Court of Maryland] has classified the legal status of a frozen pre-embryo. The Maryland General Assembly, likewise, has not addressed the subject directly.

On the one hand, the frozen pre-embryo in this case has certain characteristics consistent with the broad definition of “marital property” under Maryland law.


We must also recognize, however, the parties’ unique and personal interests in the cryopreserved pre-embryo and that Jocelyn believes, as do others, that “the embryo is human and capable of developing into an adult.” Id. at 464–65, 250 A.3d at 390–91.

Maryland courts are cognizant that a cryopreserved embryo deserves special respect in light of its potential for human life.

How an attorney can help:  Jocelyn P. v. Joshua P. established new law in Maryland.  If you have a question about the disposition of cryogenically preserved embryos in your divorce or separation, contact Debra Cruz or Shannon Boisseau at Levin Gann PA today.

unhappy couple dividing marital property in office of divorce lawyer

How is property split in divorce in Maryland?

Division of assets in a divorce can be a fraught subject for a couple, and can often lead to disputes.

Parties can agree on the division of their property, and if the division seems fair, the divorce court will frequently uphold the agreement. Usually, the best sort of agreement is the one that parties are able to reach on their own through frank and honest negotiation.

If the parties cannot agree on how to divide assets in a divorce, then the divorce court will divide the property equitably under Maryland’s Marital Property Act. In determining the division, the court will consider many factors, including:

Marital and Non-Marital Property

As a general rule, all property acquired by a couple, individually or together, during their marriage, is considered “marital property” in Maryland.

Marital property could include any cash in accounts, investment portfolios, household furniture, automobiles or other vehicles, boats, or anything else that a person or a couple might reasonably own. Real estate is a bit  more complicated, and discussed below.

Non-marital property includes property that the parties owned separately before the marriage. Also, the following categories are non-marital property, even if it was obtained during the marriage:

  1. Property that only one spouse inherited;
  2. Property that was a gift to only one spouse;
  3. Property that was purchased with money that was a gift or inheritance of only one spouse;
  4. Property that the couple agreed would not be marital property.

If the non-marital and marital property is commingled, it ceases to be non-marital property and becomes marital property. If the spouses combine bank accounts that were originally non-marital property, the new account becomes marital property.

Some assets are categorized as partly-marital or partly-non-marital.  If one spouse owns a house before the marriage, as non-marital property, and both spouses contribute marital property to its upkeep or mortgage, the property is partly-marital to the extent that marital property was used for its purchase or maintenance.

Real Estate Division in Maryland

Divorce property division in the case of real estate is more complicated. A house, or real estate, can be owned by a single individual, or it can be owned jointly. In Maryland, three kinds of joint property are available: tenancy by the entirety, tenancy in common, or joint tenancy with full rights of survivorship. The type of joint ownership will be specified in the deed transferring the property to the couple.

If a married couple divorces, their tenancy by the entirety is converted into a tenancy in common unless they take specific steps to create a joint tenancy with full rights of survivorship. If you are contemplating a divorce in Baltimore City, or Baltimore or Howard Counties, and wish to retain ownership of real estate jointly with an ex-spouse, you should consult a divorce attorney in Towson for an explanation of your options.

Conclusion: How an attorney can help

If you are considering a divorce in or around Baltimore, the law firm of Levin Gann PA can provide you with the counsel of a divorce lawyer in Towson MD. Our attorneys and legal staff are experienced in all aspects of family law and can advise you on the intricacies of property division in divorces, and assist you with your legal needs. Call today for a consultation.

smiling parents with adopted children discussing with counselor

While adoption can be fulfilling and rewarding, the laws surrounding adoption in MD can be complex. If you’re thinking about adoption, you may need help understanding these laws or deciding on the type of adoption that’s right for you. LEVIN GANN PA specializes in family law and can give you the guidance you need as you prepare to adopt.

Maryland Adoption Options

There are several types of adoptions, and the rules and requirements surrounding adoption can vary based on the form of adoption you choose. Learning more about adoption in Maryland can help you find the best options for your family’s needs.

Public Agency Adoption

Children that are unable to safely live with their birth families may be placed for adoption by the Maryland Department of Human Services (MDHS). This is referred to as a public agency adoption. The children up for adoption are in many age groups, and in some cases, sibling groups may be placed for adoption. 

Typically, when parents adopt through MDHS they initially foster the child or children. Later on, if a child is eligible for adoption, the foster parents will have the option of adopting. Adopting via MDHS requires parents to become licensed as both foster parents and adoptive parents.

To become a foster parent in Maryland, you must: 

If you’re approved to foster a child, you’ll receive a monthly stipend from MDHS while the child is in your care. To adopt the child, you’ll need assistance from a lawyer.

Private Agency Adoption

In addition to adopting through the MDHS, prospective adoptive parents have the option of going through a private adoption agency. These agencies oversee both national and international adoptions. Maryland requires that all private adoption agencies are fully licensed by the Social Services Administration (SSA).

Children that are available to adopt through private adoption agencies are more likely to be infants. While this is something that appeals to many prospective parents, the fees associated with private adoptions can be costly.

In order to adopt through a private agency, prospective parents will typically be asked to:

Requirements for adoption can vary based on the state or country that you’re adopting from. An attorney can prepare you to meet these requirements and help you to navigate any regulations that you need to follow.

Independent Adoption

As the name implies, independent adoptions are arranged outside an agency. These types of adoptions typically occur when the child’s birth parents and the adoptive family know each other in some way. For example, an adoptive family may choose to adopt the child of a family member or a family friend.

Even when an adoption doesn’t involve an agency, there are rules and guidelines to follow. Both of the child’s birth parents must approve of the adoption. If the child being adopted is 10 or older, the child must approve the adoption as well. The adoption must be approved by the court, which will require an attorney.

Other requirements include:

In Maryland, birth mothers can also request that adoptive parents reimburse them for expenses related to the pregnancy, such as prenatal care and medical bills. 

How a Family Law Attorney in Towson MD Can Help

No matter what type of adoption you decide on, you’ll need to work with an experienced attorney. Not only are there legal requirements that you have to complete in order to adopt, but there are many factors that could potentially delay the adoption. An experienced attorney can help you avoid potential setbacks and provide you with support throughout the process.  The team at LEVIN GANN PA has extensive experience with every type of adoption in MD. Whether you decide to adopt through MDHS, work with a private agency, or are interested in an independent adoption, we can give you the assistance you need. Call us at (410) 321-0600 if you’d like to schedule a consultation. 

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