Jack I. Hyatt is fully licensed to practice in every Maryland county as well as all Federal courts. 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 very best defense to get the best result. 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 result will be identical.

Jack I. Hyatt is an aggressive lawyer for DUI, Driving on Suspended or Revoked License, Driving a Rented Vehicle in Violation of a Lease Agreement, Speeding, Radar and MVA Hearings. {When you call, we can explain the specific defenses for each of these charges.} As a past Assistant State’s Attorney, Jack I. Hyatt has gained experience in over 20,000 cases. He thoroughly knows the state’s play book, understands police mistakes, and is able to use both sides of the law to provide you with an excellent opportunity to get your case dismissed prior to trial, keep your license, avoid probation before judgment, avoid a criminal conviction for DUI and multi-year insurance increases.

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

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 high 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.

The education, training and experience of your lawyer can make the difference in the final result. 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.”

When defending your DUI or driving on Suspended or Revoked License case, “RESULTS” are everything. If you retain the wrong lawyer, you may not get the best result. You need the lawyer who can provide the best opportunity to get your case dismissed and provide the very best result.

A question frequently asked is if a breathalizer test should be taken or refused. Upon receive of your call, we will advise under what circumstances it is better to take or refuse the test.

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.

Frequently, knowlege of specific drunk driving 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 Drunk Driving Lawyer who can bring specific knowledge to each case which will make all of the difference between wining and losing.

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. If you have questions, you can call Jack I. Hyatt 410-486-1800

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.

"There is No Substitute For Experience."

THE DUI DWI SEQUENCE

MARYLAND DRUNK DRIVING PENALTIES

EXAMPLES OF WAYS TO BEAT DRUNK DRIVING

HOW TO DEAL WITH THE POLICE

Field Sobriety Tests

Nystagmus: The officer will position an object (such as a pen) 12 inches away from the driver's face, and move the object from side to side while watching the subject's eyes. The officer is looking for involuntary jerking or trembling of the eyeball. This jerking or trembling may be a sign that the subject has consumed an intoxicant.

Walk and Turn: The subject takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back. The officer is looking to see if the accused can keep their balance, follow instructions, begin early, stop during the test, leave space between heel and toe, step off the line, or lose balance while turning.

Standing on One Leg: The accused is instructed to stand with heels together, arms at the side, then raise one leg six inches off the ground while counting out loud until the officer allows the accused to stop. The officer is looking for raising of the arms, swaying, hopping, putting the foot down, inability to stand still, body tremors, muscle tension, and any statements made by the accused during the test.

The Rhomberg Balance test: The accused assumes a position of attention, closes their eyes, tilts their head back, and estimates 30 seconds. The officer is looking for the inability to stand still or steady, body or eyelid tremors, opening eyes to maintain balance, swaying (either front to back or side to side), muscle tension, or statements made by the accused. The officer is also testing the suspect's internal clock, which will usually be slow in the case of alcohol or depressants, or fast in the case of stimulants.

Finger to Nose: This test requires the suspect to place his or her feet together while standing straight with eyes closed, and bring the index finger to the nose as ordered by the officer. The officer is looking for body sway, body tremors, eyelid tremors, muscle tension, or any statements made by the accused to support a finding of intoxication. If you have questions, you can call Jack I. Hyatt 410-486-1800

Always Be Calm And Polite

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.

If 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 Attorney You have a legal right to speak with a Attorney. Never speak to the police without at least consulting one. If you speak to the police without a Attorney, 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. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

First and foremost remember that police are people too, and also remember that law enforcement is a 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

Always Protest A Search

Before the law enforcement officer questions you for DUI, once you are in custody, he or she must tell you that:

You have the right to remain silent. Anything you say may be used against you. You have the right to have a Attorney present while you are questioned. If you cannot afford a Attorney, one will be appointed for you. These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your Attorney can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police.

Probable cause is defined as the facts or circumstances that are known to a reasonable person at the time, that could indicate that a crime may have occurred, and that a specific individual might have committed the crime. This is the standard that law enforcement must meet in order to make an arrest, obtain a search warrant, or in any other way deprive a person of their freedom and/or privacy.

The standard for a traffic stop is lower, and is known as reasonable suspicion/reasonable cause. In order to make a lawful traffic stop, an officer must be able to articulate why they suspect a criminal act may have occurred (i.e. erratic driving, high speed, matching vehicle or driver description to another crime, or some other indication that a law is being violated). In other words, an officer needs a reason to make a traffic stop and cannot stop someone simply on a whim.

Most state troopers and police officers think "Hell No!" and act accordingly. So in practice there is no probable cause needed for a traffic stop. Although town and state laws limit what probable cause is on the street, local roads, and in buildings, the highway system is policed at a trooper or officer's discretion. They commonly stop for vehicles traveling at higher speeds, with any decoration on antennas or windows, with dark-skinned operators, or vehicles traveling erratically. They may stop people who pass other vehicles at reasonable speeds, people who do not wear seatbelts, people with out of state plates, or people who look different. Some even camp out at the bottom of hills, near schools, or target individuals.

When dealing with the police, keep your hands in view and don't make sudden movements. Avoid passing behind them. Nervous cops are dangerous cops. Also, never touch the police or their equipment (vehicles, flashlights, animals, etc.) - you can get beat up and charged with assault. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

The police do not decide your charges; they can only make recommendations. The prosecutor is the only person who can actually charge you. Remember this the next time the cops start rattling off all the charges they're supposedly "going to give you."

Questioning

Interrogation isn't always bright lights and rubber hoses - usually it's just a conversation. Whenever the cops ask you anything besides your name and address, it's legally safest to (respectfully) say these Magic Words:

"I am going to remain silent. I want to see a lawyer."

This invokes the rights which protect you from interrogation. When you say this, the cops (and all other law enforcement officials) are legally required to stop asking you questions. They probably won't stop, so just repeat the Magic Words or remain silent until they catch on.

Remember, anything you say to the authorities can and will be used against you and your friends in court. There's no way to predict what information the police might try to use or how they'd use it. Plus, the police often misquote or lie altogether about what was said. So say only the Magic Words and let all the cops and witnesses know that this is your policy. Make sure that when you're arrested with other people, the rest of the group knows the Magic Words and promises to use them.

One of the jobs of cops is to get information out of people, and they usually don't have any scruples about how they do it. Cops are legally allowed to lie when they're investigating, and they are trained to be manipulative. The only thing you should say to cops, other than identifying yourself, is the Magic Words: "I am going to remain silent. I want to see a lawyer."

Here are some lies they may tell you:

"You're not a suspect - just help us understand what happened here and then you can go."

"If you don't answer my questions, I'll have no choice but to arrest you. Do you want to go to jail?"

"If you don't answer my questions, I'm going to charge you with resisting arrest."

"All of your friends have cooperated and we let them go home. You're the only one left."

Cops are sneaky buggers and there are lots of ways they can trick you into talking. Here are some scams they'll pull:

Good Cop/ Bad Cop: Bad cop is aggressive and menacing, while good cop is nice, friendly, and familiar (usually good cop is the same race and gender as you). The idea is bad cop scares you so bad you are desperately looking for a friend. Good cop is that friend. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

The cops will tell you that your friends ratted on you so that you will snitch on them. Meanwhile, they tell your friends the same thing. If anyone breaks and talks, you all go down.

The cops will tell you that they have all the evidence they need to convict you and that if you "take responsibility" and confess the judge will be impressed by your honesty and go easy on you. What they really mean is: "we don't have enough evidence yet, please confess." Jail

is a very isolating and intimidating place. It is really easy to believe what the cops tell you. Insist upon speaking with a lawyer before you answer any questions or sign anything.

The Golden Rule: Be Care when to trust a cop when your being investigated.

The Miranda Warnings

The police do not have to read you your rights (also known as the Miranda warnings). Miranda applies when there is (a) an interrogation (b) by a police officer of other agent of law enforcement (c) while the suspect is in police custody (you do not have to be formally arrested to be "in custody"). Even when all these conditions are met, the police intentionally violate Miranda. And though your rights have been violated, what you say can be used against you. For this reason, it is better not to wait for the cops â¤" you know what your rights are, so you can invoke them by saying the Magic Words, "I am going to remain silent. I want to see a lawyer." Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

If you've been arrested and realize that you have started answering questions, don't panic. Just re-invoke your rights by saying the Magic Words again. Don't let them trick you into thinking that because you answered some of their questions, you have to answer all of them.

Police Encounters

There are three basic types of encounters with the police: Conversation, Detention, and Arrest.

Conversation

When the cops are trying to get information, but don't have enough evidence to detain or arrest you, they'll try to weasel some information out of you. They may call this a "casual encounter" or a "friendly conversation". If you talk to them, you may give them the information they need to arrest you or your friends. In most situations, it's better and safer not to talk to cops.

Detention

Police can detain you only if they have reasonable suspicion that you are involved in a crime. Detention means that, though you aren't arrested, you can't leave. Detention is supposed to last a short time and they aren't supposed to move you. During detention, the police can pat you down and go into your bag to make sure you don't have any weapons. They aren't supposed to go into your pockets unless they feel a weapon. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

If the police are asking questions, ask if you are being detained. If not, leave and say nothing else to them. If you are being detained, you may want to ask why. Then you should say the Magic Words: "I am going to remain silent. I want a lawyer" and nothing else.

A detention can easily turn into arrest. If the police are detaining you and they get information that you are involved in a crime, they will arrest you, even if it has nothing to do with your detention. For example, if someone gets pulled over for speeding (detained) and the cop sees drugs in the car, the cops will arrest her for possession of the drugs even though it has nothing to do with her getting pulled over. Cops have two reasons to detain you: 1) they are writing you a citation (a traffic ticket, for example), or 2) they want to arrest you but they don't have enough information yet to do so.

Arrest

Police can arrest you only if they have probable cause (see below) that you are involved in a crime. When you are arrested, the cops can search you to the skin and go through you car and any belongings. By law, an officer strip searching you must be the same gender as you.

If the police come to your door with an arrest warrant, go outside and lock the door behind you. Cops are allowed to search any room you go into, so don't go back into the house for any reason. If they have an arrest warrant, hiding won't help because they are allowed to force their way in if they know you are there. It's usually better to just go with them without giving them an opportunity to search.

Reasonable Suspicion vs. Probable Cause

Reasonable suspicion must be based on more than a hunch - cops must be able to put their suspicion into words. For example, cops can't just stop someone and say, "She looked like she was up to something." They need to be more specific, like, "She was standing under the overpass staring up at some graffiti that hadn't been there 2 hours ago. She had the same graffiti pattern written on her backpack. I suspected that she had put up the graffiti." Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

Cops need more proof to say they have a probable cause than to say they have a reasonable suspicion. For example, "A store owner called to report someone matching her description tagging a wall across the street. As I drove up to the store, I saw her running away spattered with paint and carrying a spray can in her hand."

Searches

Never consent to a search! If the police try to search your house, car, backpack, pockets, etc. say the Magic Words 2: "I do not consent to this search." This may not stop them from forcing their way in and searching anyway, but if they search you illegally, they probably won't be able to use the evidence against you in court. You have nothing to lose from refusing to consent to a search and lots to gain. Do not physically resist cops when they are trying to search because you could get hurt and charged with resisting arrest or assault. Just keep repeating the Magic Words 2 so that the cops and all witnesses know that this is your policy.

Be careful about casual consent. That is, if you are stopped by the cops and you get out of the car but don't close the door, they can search the car and claim that they though you were indicating consent by leaving the door ajar. Also, if you say, "I'd rather you didn't search," they can claim that you were reluctantly giving them permission to search. Always just say the Magic Words 2: "I do not consent to this search."

If the cops have a search warrant, nothing changes - it's legally safest to just say the Magic Words 2. Again, you have nothing to lose from refusing to consent to a search, and lots to gain if the search warrant is incorrect or invalid in some way. If they do have a search warrant, ask to read it. A valid warrant must have a recent date (usually not more than a couple of weeks), the correct address, and a judge's or magistrate's signature; some warrants indicate the time of day the cops can search. You should say the Magic Words 2 whether or not the search warrant appears correct. The same goes for any government official who tries to search you, your belongings, or your house. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

Infiltrators and Informants

Undercover cops sometimes infiltrate political organizations. They can lie about being cops even if asked directly. Undercover cops can even break the law (narcs get hazard pay for doing drugs as part of their cover) and encourage others to do so as well. This is not legally entrapment.

FBI and other government agents

The essence of the Magic Words "I'm keeping my mouth shut until I talk to a lawyer" not only applies to police but also to the FBI, INS, CIA, even IRS. If you want to be nice and polite, tell them that you don't wish to speak with them until you've spoken with your lawyer, or that you won't answer questions without a lawyer present.

Taking Notes

Whenever you interact with or observe the police, always write down what is said and who said it. Write down the cops' names and badge numbers and the names and contact information of any witnesses. Record everything that happens. If you are expecting a lot of police contact, get in the habit of carrying a small tape recorder and a camera with you. Be careful - cops don't like people taking notes, especially if the cops are planning on doing something illegal. Observing them and documenting their actions may have very different results; for example, it may cause them to respond aggressively, or it may prevent them from abusing you or your friends. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.

Conclusion

People deal with police in all kinds of circumstances. You must make an individual decision about how you will interact with law enforcement. It is important to know your legal rights, but it is also important for you to decide when and how to use them in order to best protect yourself

DUI Terms

Absorption Rate: The rate at which alcohol enters the blood stream. This can be affected by the amount of food consumed, biological factors, and type of beverage.

Administrative License Revocation (also Administrative License Suspension): Confiscation of driver's license immediately upon refusal of a breath/blood test, or arrest. More than 40 states have some form of Administrative License Revocation, which may be automatic or at the discretion of the arresting officer.

BAC: Blood Alcohol Concentration. Often mistaken as Blood Alcohol Content.

Blood Alcohol Concentration: The amount of alcohol in the bloodstream, measured as a percentage. BAC can be measured by either breath, blood or urine testing and is often used by law enforcement to determine whether a motorist is drunk. All 50 states have a limit of .08 grams of alcohol per 100 ml, and many states have lower limits for commercial vehicle drivers or those under 21.

Breathalyzer or Breathalyser: A machine used by law enforcement to measure a driver's BAC.

Burnoff Rate: The rate at which alcohol in the body is metabolized. This varies depending on age, weight, medical conditions, frequency of alcohol consumption, and other factors.

Conditional License: A conditional license is a license given in return for something such as completing a DUI course or alcohol treatment program.

DUI: Driving under the influence. Generally refers to alcohol intoxication, but DUI can also apply to the influence of legal or illegal drugs, or toxic vapors.

DWI: Driving while intoxicated or Driving While Impaired. Generally synonymous with DUI, but some states have a lesser DWI charge for certain BAC.

DUI School: Drug and alcohol education programs designed to teach drivers the dangers of drinking and driving and reduce the chance of repeat offenses. Also called Risk Reduction.

DUII: Driving under the influence of an intoxicant.

DUIL: Driving under the influence of liquor.

Dram Shop or Dramshop: A legal term used to describe drinking establishment where alcoholic beverages are served.

Dram Shop Liability: The penalties used to hold Dram Shops responsible for harm to third parties arising out of the sale of alcohol to visibly intoxicated persons.

Drunk Driving: A term commonly substituted for DUI.

DWAI: Driving while ability impaired. (No equivalent in Georgia.)

DWUI: Driving while under the influence.

Field Sobriety Test or FST: A test of physical or mental coordination used to provide an initial assessment of sobriety. Field Sobriety tests are usually performed roadside shortly after an officer stops a driver. Field sobriety tests include walking in a straight line heel-to-toe, tilting the head back with eyes closed and touching the tip of the nose with the index finger (Rhomberg test), standing on one foot, reciting the alphabet, finger exercises, and horizontal gaze nystagmus (jerking of eyes when following a stimulus to the side).

Ignition Interlock Device or Vehicle Lock: A device installed in a vehicle that prevents it from starting if a breath test detects a blood alcohol concentration (BAC) over a pre-set limit.

Implied Consent: A legal concept that defines driving as a privilege, and says that operation of a motor vehicle in and of itself is grounds for requiring a blood or breath test.

Intoxilyzer: A brand name for a blood alcohol breath-testing machine.

Horizontal Gaze Nystagmus or HGN: One of the three Standardized Field Sobriety Tests (SFST). Nystagmus is rapid involuntary rhythmic eye movement - the eyes moving quickly in one direction and slowly in the other. Horizontal Gaze Nystagmus is assessed by lack of smooth eye tracking, distinct jerking at maximum eye angle, and onset of jerking prior to 45-degree angle.

MADD or Mothers' Against Drunk Driving: MADD is a national non-profit organization whose goal is to reduce incidences of DUI through tougher laws and education outreach.

Miranda Rights: The formal advisement commonly given to someone arrested prior to questioning. These rights include the option to remain silent and to have a lawyer present before answering questions. (Not typically required in DUI cases.)

Open Container Law: A law making it illegal to have an open container of alcohol in a vehicle.

OMVI: Operating a motor vehicle while intoxicated.

OUI: Operating under the influence.

OWI: Operating while intoxicated.

Provisional or Restricted License: A license that restricts driving for certain purposes such as for work, travel to a DUI school, or to the court. Called a Limited Permit in Georgia.

Restricted License: See Provisional License.

Rhomberg Test:

Rising Curve Defense: A defense to DUI charges based upon the claim that a driver was not under the influence when he or she was driving, but that their BAC rose to that level after arrest because alcohol was still being absorbed.

Sobriety Checkpoints or Roadblocks: The act of setting up roadblocks in a particular location for a particular time period and systematically stopping vehicles to investigate drivers for possible DUI

Standard Field Sobriety Test: Field Sobriety Tests standardized by the National Highway Traffic Safety Administration (NHTSA).

Vehicle Impound: Towing a vehicle to a designated police impound yard after the driver is arrested for DUI.

Vehicle Immobilization: The act of making a vehicle undrivable with a device such as a boot or ignition interlock device.

Zero Tolerance: Commonly used to describe laws that make it illegal to operate a vehicle with any detectable amount of alcohol. Zero Tolerance typically applies to minors that have not reached the age for legally consuming alcohol. Although in Georgia the limit for persons under 21 is actually 0.02 grams.)

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