Legal Question in Criminal Law in Maryland

Criminal Procedure

I was cut off by a driver and dumped my drink on their car

from my car as they passed by(windows where closed, drink was cold). The person followed me and I saw a police officer about a mile down the road and pulled over to them. The other driver told the police officer what

had happened and he immediately arrested me for Destruction

of Property. None of the officers saw the incident. The other driver left and I spent the night in central booking. What can happen? Criminal and Civil? I know it

was a stupid thing to do but what is the worst that can happen?


Asked on 6/23/03, 8:29 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Criminal Procedure

Is a drinking and driving offense involved? Pouring a drink presumedly with ice cubes out of a car en route likely caused property damage but it does not constitute a criminal offense of malicious destruction. Criminal intent is lacking. Clearly what you did was not a smart thing to do but it certainly is not something that should result in criminal prosecution. Worst thing that can happen is you may need to pay for property damage. If other matters should arise hire an attorney.

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Answered on 6/23/03, 9:39 pm
David Lease Smith, Lease & Goldstein, LLC

Re: Criminal Procedure

You have been charged with malicious destruction of property. Assuming that the alleged damage is less than $500.00 the maximum penalty is 60 days in jail and a $500 fine. If the damage is greater than $500.00 the maximum penalty is 3 years in jail and a $2,500 fine. If no one was injured, it is unlikely that this is a jail case, but that would be up to the judge if you are found guilty. A likely outcome could involve your payment for the damage to the other vehicle. If there was no damage to the vehicle than there is no malicious destruction crime. Given that you are charged with a criminal offense with a potential jail sentence you should have an attorney.

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Answered on 6/24/03, 9:18 am


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