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Credentials
JACK I. HYATT
DUI Attorney
Attorney Credentials: Former Assistant State's Attorney Admitted To Practice Before: The U.S. Supreme Court All Fort Meade Courts Federal District Court Member: Fort Meade State Bar Association Baltimore City Bar Association Baltimore County Bar Association University of Baltimore A.A. B.S. J.D. Honorable Discharge U.S. Army Do I have a right to an attorney before deciding whether to submit to a breath test? In Fort Meade, there is a right, upon request, to consult with an attorney to decide whether to take or refuse the breath test for alcohol, so long as it does not interfere with or unreasonably delay the testing process. The test must be taken within two hours of apprehension. This right does not necessarily exist on federal property in Fort Meade which is under the jurisdiction of the National Park Service and patrolled by the United States Park Police. Those areas are under the jurisdiction of the federal courts, and under the National Park Service Regulations a refusal is a crime punishable by up to 6 months in jail and a $5000 fine.
Can I elect to submit to a blood test in lieu of a breath test or vice versa? In Fort Meade, the driver has no choice as to the type of test to be taken. Generally a breath test is administered, unless the driver is injured and taken to a hospital, is unconscious or incapable of refusing the test, or a breath test machine is not available. Under those circumstances, the officer may direct medical personnel to withdraw a blood sample.
What is a PBJ? In Fort Meade, if a person has not been convicted of DUI within the previous five years, the person is eligible for probation before judgment, informally called PBJ. A PBJ is exactly what it says. After the court finds that the evidence is sufficient for a finding of guilt, the person is placed on probation before getting a judgment (or conviction) against them. If the probationary period is completed without any violations, the person does not receive a conviction, no points are assessed, and the guilty finding does not show on the person's complete driving record. The PBJ will appear on a separate PBJ driving record, which is only available to the person, his or her lawyer, the courts, the prosecutors, and the police. If the person receiving PBJ gets arrested for DUI a second time, the authorities will know that he/she is not a first offender. If a person elects to accept PBJ he or she gives up the right to an appeal and the arrest cannot be expunged. However, a PBJ can be expunged from a driving record, after 10 years without a ticket.
It is my first offense, will I get a PBJ? It is within the judge’s discretion whether or not to issue a PBJ. The answer to this question will largely depend on what is done before trial to demonstrate a desire to learn about DUI, what county the case is and who the judge is. Generally, judges who give PBJ’s want to see first offenders get an alcohol evaluation to determine whether they are a social drinker or a problem drinker, and also to complete the recommended educational or treatment program. Some judges, generally in more rural counties where court dockets are not so congested, will impose a short jail sentence, one night to ten days, even on a first offender.
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