Personal Breathalyzer Tests Could Land You in Jail for DUI

Many people don’t have any idea how intoxicated they are before they get into a vehicle and start to drive. To ensure their own safety (and perhaps the safety of others), some people turn to personalized breathalyzers: devices that can be purchased by non-law enforcement individuals to test their blood alcohol content (BAC). Some bars…

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Does the Chief Judge of the highest court of Maryland have the legal authority to suspend a Statute of Limitations in the Maryland Code due to a health emergency for an entire community?

Although we have never been in this situation before, I would say that the answer is probably yes. In Maryland (as in other jurisdictions), the statute of limitations is “procedural.” Doughty v. Prettyman, 219 Md. 83, 88 (1959). Further, Article IV, § 18(a) of the Maryland Constitution provides: The Court of Appeals from time to…

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Are Maryland’s “Stay At Home” Orders Constitutional?

As the COVID-19 pandemic continues, many governors across the nation are signing executive orders regarding sheltering in place and staying at home – prohibiting large gatherings, public meetings, and requiring closings of non-essential businesses. When Governor Larry Hogan issued his Stay at Home Order on March 30, he said, “This is a deadly public health…

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