What will happen with a first offense DUI in Maryland? Most first
offense DUI charges in Maryland result in a PBJ as the outcome. A
PBJ is an acronym for "probation before judgment." A PBJ is
defined in Maryland
Criminal Procedure 6-220(b).
BENEFITS OF A PBJ IN A DUI CASE
A PBJ means that the defendant has not been found guilty. The
law states, "a court may stay the entering of judgment, defer
further proceedings, and place the defendant on probation
subject to reasonable conditions…" When the Court "stay the
entering of judgment" it is not entering a guilty finding and
instead enters a PBJ for the charge or charges.
If the Court "stays" the entering of judgment, then the Court
has not found you guilty and you can say in the future that you
have not been convicted.
Another benefit of a PBJ is points will not be assessed to the
driver's Maryland driving record.
Maryland Transportation Article 16-402 states, "After the
conviction of an individual for a violation……or of the vehicle
laws or regulations of this State or of any local authority,
points shall be assessed against the individual…"
Since the driver has not been convicted and the judgment of
guilty has been stayed, points will not be assessed to the
driving record for the driver.
FIRST OFFENSE DUI IN MARYLAND
A PBJ for a first offense DUI in Maryland is not automatic. The
driver/defendant must appear in Court with a lawyer that
presents mitigation on behalf of the defendant. If the
defendant appears without a lawyer or "pro se," the likelehood
of receiving a PBJ for a first offense DUI is must lower. In
addition, if a defendant does not has an attorney at trial,
Judges will typically increase the fines and conditions of
probation.
A lawyer may also be helpful is litigating your DUI/DWI
charges. This means challenging the State's evidence and
pleading "not guilty." If a defendant pleads not guilty, they
can elect a bench or Judge trial or a jury trial. When this
happens, the Judge or jury must determine if the driver
violated the law.
FIRST OFFENSE DUI/DWI LAWYERS IN MARYLAND
If you've been charged with a first offense DUI in Maryland,
you want to hire the best DUI lawyerfor
your charges. The Law Offices of Randolph Rice is a top rated
DUI/DWI defense law firm in Maryland. Contact their office
today at 410.288.2900 if you've been charged with drunk driving
in Maryland.