Tuesday, December 19, 2017

LEAD PAINT POISONING DEFENSE: BALTIMORE MARYLAND LEAD PAINT LAW - 101 : LEAD DEF...

LEAD PAINT POISONING DEFENSE: BALTIMORE MARYLAND LEAD PAINT LAW - 101 : LEAD DEF...: www.charlesjeromeware.com                 "Here to make a difference." If you are a landlord or owner being sued in a lead paint...

LEAD PAINT POISONING DEFENSE: BALTIMORE MARYLAND LEAD PAINT LAW - 101 : LEAD DEF...

LEAD PAINT POISONING DEFENSE: BALTIMORE MARYLAND LEAD PAINT LAW - 101 : LEAD DEF...: www.charlesjeromeware.com                 "Here to make a difference." If you are a landlord or owner being sued in a lead paint...

BALTIMORE MARYLAND LEAD PAINT LAW - 101 : LEAD DEFENSE ATTORNEYS, CHARLES JEROME WARE, LLC (410-720-6129)

www.charlesjeromeware.com                "Here to make a difference."

If you are a landlord or owner being sued in a lead paint poisoning claim, call us for a free initial consultation at the Law Offices of Charles Jerome Ware, LLC : (410) 720-6129  or  (410) 730-5016. We can help defend you.

Federal and Maryland lead paint laws are structured to help reduce childhood lead poisoning while attempting to help maintain affordable rental housing for Maryland residents. These laws provide legal rights and duties for residential renters and landlords in pre-1978 built apartments and houses
(the "Affected Properties"). Make no mistake, when it comes down to filing lead paint poisoning claims and lawsuits in Baltimore, landlords and landowners are the invariable targets (defendants).

There are many knowledgeable commentators who consider Baltimore to be "ground zero" for lead paint poisoning claims in the United States.

[Please read: Maryland Code Annotated, Environment Sections 6-801 to 6-852; Code of Maryland Regulation, 26.16.02.]

Only pre-1978 built residential rental properties/units ("Affected Properties") are regulated by Maryland's Reduction of Lead Risk in Housing Act. Owner-occupied properties/units are not regulated. Affected Properties that are MDE-certified lead-free or limited lead-free are exempt from Maryland's lead paint law. Affected Properties owned or operated by Federal, State, or Local governments or by a public, quasi-public, or municipal corporation are also exempt, provided the Affected Properties are subject to standards at least as strict as the standards established by Maryland lead paint law.

[Please read: Maryland Code Annotated, Environment Sections 6-801 to 6-804.]   

Maryland State law prohibits any person from using lead-based paint on any interior surface, on the porch of any dwelling, on any exterior surface to which children may commonly be exposed, and on any household use article except where lead-based industrial paint is applied to a household appliance. A violation of this law is a misdemeanor and is punishable by a fine of up to $1,000 or imprisonment of up to 30 days or both. Each day that a violation continues is a separate offense.

[Please read: Maryland Code Annotated, Environment Section 6-301 and 6-302; Maryland Code Annotated, Real Property Section 8-211.1.]

Owners must register their Affected Properties and renew the registration annually.
Owners must obtain passing full risk reduction lead inspection certificates for the Affected Properties.
Owners must ensure that 50% of their pre-1950 residential rental properties/units have passing applicable reduction inspection certificates.
Owners must ensure that 100% of their pre-1950 residential rental properties/units have passing applicable risk reduction inspection certificates.
Owners must provide certain lead paint educational documents to their tenants residing in Affected Properties.

Wednesday, August 2, 2017

LEAD PAINT POISONING DEFENSE: BASIC MARYLAND DUI & DWI DEFENSE : DUI DEFENSE ATT...

LEAD PAINT POISONING DEFENSE: BASIC MARYLAND DUI & DWI DEFENSE : DUI DEFENSE ATT...: www.charlesjeromeware.com     "Here to make a Difference." For an initial courtesy consultation, call premier DUI defense attorne...

BASIC MARYLAND DUI & DWI DEFENSE : DUI DEFENSE ATTORNEY CHARLES JEROME WARE (" BEST 10"), (410) 720-6129

www.charlesjeromeware.com    "Here to make a Difference."
For an initial courtesy consultation, call premier DUI defense attorney Charles Ware at (410) 720-6129. He can help you.

There are several defenses that are possible against drunk driving charges, depending upon the facts of each case. As seasoned DUI and DWI defense attorneys, we are familiar with --- and have been successful in litigating --- many of these defenses in Maryland courts as well as courts throughout the United States. We welcome the opportunity to represent you in your case.

Though generally considered to be a traffic offense, the DUI (Driving Under the Influence of Alcohol) charge is treated as a criminal offense --- and subject to criminal penalties such as incarceration. It is a serious offense that, upon conviction,  routinely cannot be expunged from a person's court and criminal records.

Driving under the influence of alcohol ( "DUI"), or "drunk driving" as it is frequently called, is probably the most commonly committed crime in the United States. Yet, it is very frequently committed by non-criminals --- that is, otherwise respectable law-abiding  individuals who have usually never been in trouble with the law previously.

Though among the most common of all criminal offenses, drunk driving is one of the most complex to understand and defend properly. The stakes are high.

Some of the factors that can more negatively affect or influence a person's DUI case are:

1. The impaired driver injured or killed someone else.

2. The impaired driver had a child passenger.

3. The impaired driver caused an accident.

4.  The impaired driver had an exceedingly high blood alcohol concentration ("BAC") level.

5.  The impaired driver committed DUI while breaking other laws, such as speeding.

6. The impaired driver was under the age of 21 at the time of the DUI offense.

7.  The impaired driver had a history of  DUI convictions (multiple violations).


Generally, the more common defenses to drunk driving are (a) to attack the police officer's observations of what happened prior to the arrest and (b) challenging the integrity of the evidence --- such as the accuracy of a breathalyzer test. The facts dictate the defenses.

Common drunk driving defenses include:

1. Improper stop;
2.Administration/ Accuracy of field sobriety test;
3. Administration/ Accuracy of  Portable Breathalyzer Test;
4. Administration/Accuracy of Standard Breathalyzer Test;
5. Administration/ Chain of Custody of blood Test;
6. Rising Blood Alcohol Concentration.

 Some other "affirmative defenses" may include:

!. Necessity;
2. Duress;
3. Entrapment;
4. Mistake of fact;
5. Involuntary intoxication;






LEAD PAINT POISONING DEFENSE: LEAD PAINT TIPS FOR RESIDENTIAL LANDLORDS : DEFENS...

LEAD PAINT POISONING DEFENSE: LEAD PAINT TIPS FOR RESIDENTIAL LANDLORDS : DEFENS...: www.charlesjeromeware.com    "Here to make a Difference."  (410) 720-6129 1. Before buying a residential property, determine whe...

LEAD PAINT TIPS FOR RESIDENTIAL LANDLORDS : DEFENSE ATTORNEY CHARLES JEROME WARE

www.charlesjeromeware.com    "Here to make a Difference."  (410) 720-6129

1. Before buying a residential property, determine whether it was built before or after 1978. A residence built in the United States before 1978 was highly likely to contain lead paint.

2. Before renting your pre-1978 built residence to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the property. Children up to age 7 are particularly vulnerable to lead paint consumption, and consequently to lead poisoning.

3.  Acquire lead poisoning insurance coverage for your residential rental property.

4. Conduct initial and periodic inspections of the property using certified and licensed lead inspectors.

5.. Retain certified/licensed and insured contractors and workers with experience in the field to  perform any required abatement and other renovation work on the property.

6. Maintenance of the property is very important.

7. Lawful notice to the tenant is very important.

8. Good record-keeping is very important.

9. Treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.

10. Know the local, state and federal laws regarding lead paint, and follow them.

[ Charles Jerome Ware is a premier lead paint defense attorney who is headquartered in the Maryland and Washington, D.C. area. For an initial free consultation, call him at (410) 720-6129.. The contents of this blog do not automatically create an attorney-client relationship. The contents are for informational purposes only, and are not legal advice.]