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In Maryland, you may be asked to perform a horizontal gaze nystagmus (HGN) test if an officer suspects you may be under the influence of alcohol during a traffic stop. In Schultz v. State, the officer who conducted the test on the appellant defined the HGN test as: “You measure each eye separately and one…
DetailsFor the purposes of an MVA hearing in Maryland, police officers may request an alcohol breath test if they detect the smell of alcohol, even if there is no evidence of impairment. This is the result of a decision issued by Maryland’s Court of Appeals in Motor Vehicle Administration v. Spies. Although the Court did…
DetailsSpeeding violations are not limited to exceeding the posted speed limit. Driving in excess of reasonable and prudent speed, even when driving within the speed limit, can be cited as the reason for a speeding stop. Although the speed limit introduces a maximum speed in a given area, special circumstances and dangers can make even…
DetailsWindow tinting is regulated at both the Federal and State levels. Federal regulations require 70% of light to pass through the front windows (rear is not regulated federally). Maryland State regulations, however, apply to all vehicle windows, and require at least 35% light transmittance. Window tints are often cited as cause for a traffic stop,…
DetailsHave you been charged with fleeing and eluding in the state of Maryland? Statutes require police vehicles to be ‘appropriately marked’ in order to be charged and convicted of fleeing and eluding charges. The issue is discussed in Williams v. State, in which the court found that a police vehicle must bear appropriate insignia that…
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