Category Archives: – Traffic Offenses

When Traffic Stop = Seizure. Ferris v. State

Brief Brief: Ferris v. State 355 Md. 356 (1999) Issue:  What constitutes a seizure, under the Fourth Amendment, during a traffic stop. Quotes: “The Fourth Amendment protects against unreasonable searches and seizures, including seizures that involve only a brief detention. … Continue reading

Posted in - 4th Amendment, - Traffic Offenses, -- B.B.'s. Brief Briefs

Proposed Jury Instructions for Motor Vehicle Offenses

TA 21-301 (a) [Drafted by Paul Notarianni,  2017] Failure to Drive Right of Center The Defendant is charged with the crime of failure to drive right of center.  In order to find the Defendant guilty, the state must prove: The … Continue reading

Posted in - Criminal Law, - Jury Instructions, - Traffic Offenses, ---- Paul Notarianni

Never Having a License as Defense to DWS/DWR. State v. Sullivan

Brief Brief.  State v. Sullivan, 407 Md. 493 (2009) Holding: “The Court of Appeals, Greene, J., held that defendant did not have a “privilege to drive” in Maryland that could be “revoked,” and thus defendant could not be convicted of … Continue reading

Posted in - Criminal Law, - Traffic Offenses, -- B.B.'s. Brief Briefs, ---- Paul Notarianni

DWS Mens Rea. State v. McCallum.

Brief Brief: State v. McCallum 321 Md. 451 1990  Issue: Mens Rea for driving while suspended. QUOTES: “if the State offers the record at any subsequent trial and there is an objection, the court should redact all portions of McCallum’s motor … Continue reading

Posted in - Criminal Law, - Traffic Offenses, -- B.B.'s. Brief Briefs

Fourth Amendment Outline

ABSTRACT:  In November of 2015, Michael Stankan gave a presentation to the Western Maryland Criminal Defense Bar regarding Fourth Amendment issues in traffic stops.  This is his outline of cases from that presentation. MichaelStankan4thAmendmentOutline

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Cross-Reference of Maryland Traffic Offenses

Article by Paul J. Notarianni ABSTRACT:  This piece is a cross-reference of Maryland traffic offenses.  It lists most offenses under the Maryland Transportation Article which carry a potential jail sentence, the number of points assessed by the MVA upon conviction, and … Continue reading

Posted in - Criminal Law, - Traffic Offenses, ---- Paul Notarianni | Tagged , , , , ,