On March 17th, 2018, the Maryland legal community lost one of their greatest members. John Robert (“JR”) Francomano, III, was an incredible lawyer and even better friend and person.

I met JR as an intern with the Baltimore County State’s Attorney’s office in 2005. After leaving New Orleans as a refugee from the floods of Katrina, I landed in Baltimore as an intern with the State’s Attorney’s office.

JR along with Rob Tully were the two lawyers I was assigned to watch, observe and learn how things were done. They taught me more than just the law, they showed me how to enjoy life and laugh at myself as well as everything around us.

JR graduated high school from Boys Latin and then Washington College. He attended Washington University in St. Louis and graduated with his J.D. in 1998.

He was an assistant State’s Attorney for Harford County from 1999 to 2000 and then joined the Baltimore County State’s Attorney’s office where he ascended to Chief of the narcotics unit in 2007.

In 2008 he began private practice with his father.

In my early days of private practice, JR was always there to help and offer assistance or a conference room or just a smile when I stopped by his office.

He was a fantastic golfer and a better storyteller on the links where I seemed to laugh more than hit a straight shot.

I have only great memories when I think about JR and the time we spent together becoming friends.

Losing JR was a shock to everyone and I know that we will all miss his enthusiasm for life and the great friendship he gave to all of us.


Have you been hit by a car and you don’t know what to do now, our pedestrian injury lawyers at the Law Offices of Randolph Rice can guide you through the legal process after being hit by a car. Being hit by a car can be one of the most traumatic accidents on a Maryland road. The reason for this is the speed of a vehicle and the force behind that moving car can cause serious external and internal injuries to the person who has been hit by the car.

Those injuries and damages can vary depending on the point of contact with the vehicle and pedestrian. A person struck head on with a car can be more serious than a graze by a vehicle. However, the impact will not determine the injuries sustained by the victim. The damages may include broken bones, a concussion, or serious internal injuries that lead to future complications. Because a pedestrian is not protected like they would be in a vehicle, the impact with a car can often throw the pedestrian over the top of the vehicle or a significant distance in the opposite direction of the point of impact.

MARYLAND PEDESTRIAN ACCIDENT STATISTICS
It is not uncommon to get hit by a car, on average 2,830 people are struck by a vehicle in Maryland every year (between 2011 and 2015). As recorded by the Maryland Department of Transportation, the statistics for pedestrians on foot involved in crashes in Maryland are:

2011 – 103 fatal crashes, 2546 total crashes involving pedestrians
2012 – 95 fatal crashes with pedestrians, 2,848 total crashes with pedestrians
2013 – 110 fatal crashes with people, 2,766 total crashes with pedestrians
2014 – 103 fatal accidents, 2,903 total accidents with pedestrians
2015 – 99 fatal wrecks, 3,089 total accidents involving a pedestrian

SHOULD I SEEK MEDICAL TREATMENT AFTER BEING HIT BY A CAR?

Yes, you should seek immediate medical attention if you’ve been hit by a car in Maryland. It’s advised that you or someone else contact the paramedics at the scene of the accident by dialing “911.” Since most accidents involving a pedestrian result in bodily injury. If the paramedics recommend that you be treated at a hospital, you should follow their instructions and be seen by a local hospital. Typically, after being hit by a car there will be lingering medical issues that will persist if not treated.

The hospital may keep you for a period of time to observe you’re injuries and determined if you are healthy enough to be discharged from the hospital. You should also follow up with any medical recommendations and referrals, this may include orthopedic doctors or your primary care physician. After most pedestrian accidents, a medical professional order x-rays, CT scan or other imaging to determine if there are internal breaks or damages.

SHOULD I HIRE A LAWYER AFTER BEING HIT BY A CAR?

Yes, you should always speak with a pedestrian accident lawyer after being hit by a car. There are various rules and laws pertaining to the right of way for pedestrians. The first step is determining liability after you’ve been hit by a car. Liability refers to: “who is at fault.” As Maryland is a contributory negligence state, the law will determine if the driver is solely at fault or if the pedestrian contributed to the accident.

If it’s found that the pedestrian contributed to the accident, then he or she may not be able to recover for their damages. Experienced pedestrian accident lawyer can assist you in establishing liability and fault after you’ve been hit by a car in Maryland. The second component of a pedestrian injury case is determining damages. Damages can range from the medical bills that were incurred after being struck by a car as well as lost wages and the pain and suffering incurred after the accident.

I WAS HIT BY A CAR WHAT, ARE MY DAMAGES?

Damages if you’re hit by a car can often times be serious. The reason for these severe damages is the wait and speed of a vehicle versus the body mass of the person head. Vehicles can range anywhere from 2,000 to 10,000 pounds depending on the make and model, trucks can weigh more than a sedan or passenger car.

Because the weight of a vehicle is so great your body will not exert any force to slow down or stop that vehicle as it makes impact with your body. As opposed to a car accident, when two vehicles strike force of those vehicles will counteract and typically the individuals in the vehicle are protected. But since you are a pedestrian and have no protection that you will bear the full brunt and force of the vehicle that struck you.

CAN YOU SUE SOMEONE IF YOU GET HIT BY A CAR?

Yes, you can sue someone in Maryland if you’re hit by a car, but the circumstances and facts of the incident will dictate your success. Our skilled pedestrian injury lawyer will be able to advise if you have a successful lawsuit against someone if they hit you with her car.

WHAT SHOULD I DO IF I GET HIT BY A CAR?

If you are hit by a car you should remain still and request medical attention. There may be injuries to your back or spine that could be exacerbated by moving your body. The paramedics will typically arrive on the scene and place you want a backboard which will immobilize your body and prevent any further damage or injuries. They will transport you to the hospital where various scans will be completed of your body to determine if your back or neck have been damaged and if it is safe for you to move.

I WAS HIT BY A CAR AND I NEED A LAWYER IN MARYLAND

If you’ve been hit by a car in Maryland then you need to speak with a pedestrian injury lawyer as soon as possible. The injury lawyers with the Law Offices of Randolph Rice have represented individuals struck by cars and suffered injury and damages because of the car wreck. Contact their office today to schedule a free consultation and discuss your ability to recover damages and file a claim for being hit by a car while walking or running.

If you’re considering filing a personal injury claim or lawsuit in Maryland you may be asking yourself: “how long does it take to settle a personal injury lawsuit?” At the Law Offices of Randolph Rice, we have years of experience taking our clients personal injury claims to trial. However, before ever considering a lawsuit, we always attempt to settle a personal injury case and claim with the insurance company. Below we will discuss how long it takes to settle a personal injury case in Maryland.

HOW LONG DOES A PERSONAL INJURY CLAIM TAKE?

A personal injury claim will take as long as necessary to ensure that the victim is fully compensated for their injuries and damages. Personal injury claims are intended to compensate the victims of an accident for their medical bills, lost wages and pain and suffering. It would be premature to settle a personal injury claim prior to the expiration of the medical treatment and lost time from work. For that reason, a personal injury claim should not be settled until all medical bills are accounted for and the victim of the accident returns to normal life.

INSURANCE COMPANIES WILL TRY TO RUSH A SETTLEMENT

It is not uncommon for the victim of an accident to receive a telephone call from an insurance company immediately after the accident. The insurance companies are known to try and settle an accident injury claim soon after to avoid exposure to higher costs for them. For this reason, you should never settle a personal injury claim until you have completed your medical treatment and you have returned to full strength after the injury. If an insurance company is able to convince you to settle prior to the completion of your treatment, they will ask you to sign a waiver and release form. By signing this form and accepting their check, you will have waived your right to reimbursement for all future costs and damages as a result of the accident.

HOW LONG DOES IT TAKE TO SETTLE A PERSONAL INJURY CLAIM IN MARYLAND?

The best way to answer the question, “how long does it take to settle a personal injury claim” in Maryland is by looking at past experiences. Our personal injury lawyers have represented hundreds of victims and their personal injury claims and have a track record of successful settlements and judgments in their favor.

EXAMPLE OF A PERSONAL INJURY CLAIM SETTLEMENT

As an example, for a minor traffic accident where a victim and incurs soft tissue damage. The individual may see the doctors at a hospital and follow up with their primary care physician and physical therapy. The physical therapist may treat that individual for one to two months. Upon completion of physical therapy, the injured victim will visit the doctor for discharge. If the doctor discharges the patient and declares him or her fit, then the extent of medical expenses will have concluded.

At this point it typically takes 30 to 45 days to obtain medical records and submit a settlement claim demand to the insurance company. At that point the insurance company will review the claim and usually extend a settlement offer within 30 days. From the date of the accident to the offer to settle can usually run between 4 to 6 months for a minor traffic accident.

SETTLEMENT OF SERIOUS ACCIDENTS WITH INJURIES



However, more serious accidents or even medical malpractice claims may take years to settle as the victim may take longer to recover or heal. In situations where the victim of an accident will never fully recover, the claim must be settled within three years under the Maryland statute of limitations rule or a lawsuit may be filed to preserve the victims rights. Each personal injury claim and settlement is unique and different. Unfortunately, there is no prescribed amount of time that it will take, but the skilled personal injury lawyers with the Law Offices of Randolph Rice continually update their clients claims to ensure a speedy settlement.

FIND THE RIGHT PERSONAL INJURY LAWYER

Experienced lawyers who handle personal injury claims will be able to make your accident case run smoothly and keep the claim on track. The law offices of Randolph rice work with every client to get a quick and fair settlement after their accident. There lawyers understand that clients want to resolve their personal injury claims and move on after an accident. That’s why their office Works in efficient and expedient manner to fight for the fair and just resolution after an accident.

If you’ve been injured in an accident and have questions about how long it takes to settle a personal injury claim, contact the Law Offices of Randolph Rice to schedule a free consultation and discuss your matter.

Not one of my clients in the past has ever wanted to be arrested for drunk driving. What I mean by that is, no one sets out to drink too much and get behind the wheel of a vehicle. There are a million scenarios in which people are charged with DUI in Maryland. Although a drunk driving arrest may be unfortunate, there are steps you should and can take when dealing with a DUI arrest.

 STEPS AFTER A DUI ARREST

The first and most important step is to get help. Help may me be in the form of many fashions, support from friends and family, as well as legal help in the form of a DUI defense lawyer. There’s no need to throw your hands in the air and give up after a DUI or DWI arrest. If you take the appropriate steps after the arrest you can mitigate or even diminish the chances of serious consequences.

In Maryland, the consequences can come from two separate tribunals or governmental agencies. The first set of consequences comes in the form of administrative penalties to your privilege to drive. In Maryland, the courts and law have classified a driver’s license as a “privilege.” That means, you do not have an absolute right to drive a motor vehicle, however, you are granted a privilege by the state of Maryland to operate a motor vehicle.

The State has set out specific rules and regulations that come with this privilege. One of these rules and regulations is the “implied consent rule.” This means, when you receive a license or privilege drive or you operate a motor vehicle within the boundaries of Maryland, you implicitly consent to submit to an alcohol test if you’re suspected of drunk driving.

There are various consequences to submitting to a breath test or blood test as well as consequences to refusing this test. Those consequences may come in the form of a license suspension or the requirement to participate in the ignition interlock program.

The second set of consequences is what may happen when you go to court. The drunk driving laws in Maryland are specific and set forth the rules and procedures by which a person can be found guilty of DUI or DWI. In Maryland, there is a distinction between DUI, “driving under the influence,” and DWI, “driving while impaired.”

The distinction is in the form of the evidence required to find you guilty as well as the penalties that may be imposed if convicted. The judges in Maryland are the ones that impose the sentence and penalties for drunk driving convictions. Unlike some jurisdictions and states, the jury does not dictate the consequences if you’re found guilty of drinking and driving.

PENALTIES AND SANCTIONS FOR DRUNK DRIVING IN MARYLAND


Judges in Maryland can impose various sanctions for convicted drunk drivers. Those sanctions may include fines, court costs, probation, either supervised or unsupervised, as well as various other conditions such as alcohol education and treatment, community service, and any other appropriate action the court feels is necessary to prevent a subsequent drunk driving incident. With the help of an experienced Maryland DUI lawyer, you may be able to avoid or mitigate the potential outcome after a DUI arrest.

LAWYERS THAT HELP DEAL WITH A DUI


If you’re charged with drunk driving and you need to know how to deal with the drunk driving arrest and everything after, you need to seek advice from an experienced DUI and DWI defense lawyer. Our DUI lawyer can guide you through the steps from preserving your privilege to drive to helping you prepare for trial and avoiding enhanced penalties and consequences. Contact the Law Offices of Randolph Rice today if you’ve been charged with DUI in Maryland and learn how to deal with your DUI or DWI arrest.

A drunk driving arrest can be alarming and make you worry about what will happen to your license and freedom as the trial date approaches. Most individuals who have been charged with a first time DUI often ask; do you go to jail for a first time DUI? It depends on the facts and evidence in each case to determine if you will go to jail for a first offense DUI.

DUI AND DWI IN MARYLAND

DUI and DWI are the acronyms for “driving under the influence” (DUI) and “driving while impaired” (DWI). They are used interchangeably and mean almost the same thing. The difference between DUI and DWI are:

The elements to prove the offense; and
The maximum penalty.

A DUI requires that a person drives or attempts to drive a motor vehicle while under the influence of alcohol. This level of intoxication may be determined by clues observed by the police officer of the tests results from a breath or blood test. A DWI requires that a driver is impaired by either alcohol, drugs and alcohol or a controlled dangerous substance.

The penalties vary for each offense. A first offense DUI carries the maximum penalty of 1 year in jail and a $500 fine. Whereas a DWI carries the maximum penalty of 60 days in jail and a $500 fine.


WILL I GO TO JAIL?


Incarceration for a first offense DUI or DWI in Maryland is not unheard of, but there is a greater chance that a defendant will receive a probation before judgment (PBJ) for a first offense DUI in Maryland. With a PBJ comes the requirement of probation. That probation can be supervised or unsupervised. Either of these types of probation can last from 1 day to 3 years if handed down by a Maryland District Court Judge. A Circuit Court Judge may place a defendant on as much as 5 years of probation in Maryland. While jail is not the first punishment for a first time DUI, it has and can happen. If the defendant causes an accident, their blood alcohol content (BAC) is higher than average DUI cases, or other exasperating circumstances, then a Judge may decide that jail is appropriate.


HOW DO I AVOID JAIL?


The best bet to avoid jail for a first time DUI in Maryland is to hire an experienced Maryland DUI lawyer. A lawyer advise the best course of action pending the trial date. That lawyer will also investigate your DUI arrest and determine if your case should be contested in a trial. A trial can be had before a Judge or Jury in Maryland. The Judge or Jury will determine if the State has met the elements of the crime and proven beyond a reasonable doubt that you were driving while impaired or under the influence.


WHAT TO DO AFTER A DUI ARREST?


There are a number of things you must consider after a DUI arrest. You have to make a decision regarding your license if it was taken by the police officer. You may have to elect to participate in the ignition interlock program or accept a suspension of your license. Drivers charged with DUI or DWI should meet with a lawyer as soon as possible to determine what steps they should take to improve their chances of staying out of jail when they appear in Court.

If you’ve been charged with DUI or DWI in Maryland, contact the Law Offices of Randolph Rice at 410.288.2900 to schedule a free consultation.

Is DUI in Maryland a felony or misdemeanor? In the State of Maryland, a DUI is a misdemeanor. DUI stands for “driving under the influence of alcohol.”

Maryland Transportation Article 27-101classifies a DUI as a misdemeanor. Maryland Transportation Article 27-101(a), which contains the penalty for DUI, states, “it is a misdemeanor for any person to violate any of the provisions of the Maryland Vehicle Law unless the violation: (1) Is declared to be a felony by the Maryland Vehicle Law or by any other law of this State; or (2) Is punishable by a civil penalty under the applicable provision of the Maryland Vehicle Law.”

The Maryland DUI laws are found at Maryland Transportation Article 21-902. The Maryland drunk driving laws do not declare the crime of DUI to be a felony, therefore a DUI in Maryland is a misdemeanor. In addition, a DUI is not punishable by a civil penalty under any provision of the Maryland Vehicle laws.

DUI is the acronym for “driving under the influence” while DWI is an acronym for “driving while impaired.” The Maryland drunk driving laws criminalize the act of driving or attempting to operate a motor vehicle while under the influence of alcohol. A driver suspected of drunk driving in Maryland may be charged with:

Driving under the influence of alcohol; or
Driving under the influence of alcohol per se.

DRIVING UNDER THE INFLUENCE OF ALCOHOL

Driving under the influence of alcohol charges will be pursued by the State when there is sufficient evidence that a driver was under the influence of alcohol that constituted a Blood Alcohol Content of .08 or more. A driver may be charged with DUI even if they do not submit to a breath or blood test. If there is evidence of impairment of .08 or more, based on clues, then a driver can be charged and convicted of DUI.

DRIVING UNDER THE INFLUENCE PER SE

In Maryland, the legal limit if .08. That means that a driver who’s BAC is .08 or more, based on test results, is “per se” under the influence. If a driver returns test results of .08 or more, then the charge of DUI will be filed against the driver.

IS DUI IN MARYLAND A FELONY OR MISDEMEANOR?

A DUI in Maryland is classified as a misdemeanor.

IS DWI IN MARYLAND A FELONY OR MISDEMEANOR?

A DWI in Maryland is classified as a misdemeanor.

DUI LAWYERS IN MARYLAND

Maryland drunk driving defense lawyer Randolph Rice has represented thousands of individuals charged with drunk driving in Maryland. He is a former prosecutor and has been defending individuals charged with DUI since 2009.

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 lawyer for 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.
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