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Questions Answered by Lee Eidelberg
1 Answer | Asked in Divorce, Domestic Violence and Family Law for Maryland on
Q: Can a spouse refuse to leave the home after divorce filing in Maryland?

In the state of Maryland, can my spouse refuse to leave our jointly owned home after I file for divorce, considering there are no children involved and my spouse is emotionally abusive? There are currently no legal protections or restraining orders in place.

Lee Eidelberg
Lee Eidelberg
answered on May 6, 2025

Yes. While less than optimal, there are circumstances where spouses intending to terminate their marriage remain in the same household during the actual proceedings due to financial or other circumstances.

However, if you are the victim of "abuse" as defined by Maryland's...
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1 Answer | Asked in Traffic Tickets and Civil Rights for Maryland on
Q: Do I need to hand over my driver's license during a traffic stop in Maryland?

If I am pulled over in Maryland by the police, do I have to physically hand over my driver's license, or can I simply display it through the car window?

Lee Eidelberg
Lee Eidelberg
answered on May 5, 2025

The real question is why, provided there was an articulable basis for conducting the stop, you would be hesitant to provide the license? Regardless, the police take physical custody of your license to run your information through their on board computer to verify your identity, determine your... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Can I contest a speeding ticket given without radar?

I received a speeding ticket while driving a tractor-trailer. The officer passed me, turned around, and pulled me over at a stop light, claiming I was speeding without using radar. I had a passenger with me, and there were no other traffic violations or previous offenses. Can I contest the ticket... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 28, 2025

Yes, you have the right to plead not guilty and contest the citation. However, if the Officer testifies that he conducted a "pace" of your vehicle for a specified distance and that his vehicle's speedometer was properly calibrated and found to be accurate prior to his measuring your... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Maryland on
Q: How can I safely pursue joint custody and protect myself from my threatening partner in Maryland?

I am scared of my children's father and want to obtain joint custody, but he refuses to let me break up with him, threatening to hurt me and take my kids. I have not taken any legal action against him, and currently live in a hotel with my kids until moving into my own place on April 1st. I... View More

Lee Eidelberg
Lee Eidelberg
answered on Mar 14, 2025

If your husband is placing you in apprehension of imminent serious bodily harm, you can petition the court (either District or Circuit) for a Protective Order. That Order could require your husband, by example, to refrain from having any contact with you, staying away from your current residence,... View More

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1 Answer | Asked in Traffic Tickets and Municipal Law for Maryland on
Q: What is the law regarding someone parking in front of your mailbox and blocking it for days at a time ?
Lee Eidelberg
Lee Eidelberg
answered on Jan 23, 2025

It depends where you live, particularly if the mailbox is located on your personal property. I suggest you call your local police precinct to report the incident - if there is an applicable law, an Officer can issue a Citation, but that doesn't necessarily mean the car will be moved.... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: I was tackled by a police officer right outside the Walmart entrance for stealing baseball cards.($24) My Hip was Broke.

The office did not identify his self or say Stop. I'm currently in a Medical Rehab center because my Hip was broken do to being Tackled. I've been here 3 weeks and counting.

Lee Eidelberg
Lee Eidelberg
answered on Jan 17, 2025

Are you admitting to committing a crime because there is evidence (eye witness, video surveillance or the like) that you possessed the baseball cards without evidence of payment? While I suppose one might argue that excessive force was used and was unnecessary, it's likely a matter of your... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: In maryland if you were driving a moped without a license and your on probation is it a technical or non technical vop

Apparently I have to reward this question. The only answer I got was from someone who apparently does not know Maryland state law or not enough to know to answer the question. So I ask anyone who Answers. this question to actually be versed. In Maryland state traffic laws, Maryland code... View More

Lee Eidelberg
Lee Eidelberg
answered on Dec 3, 2024

a Moped is a motor vehicle in Maryland and the operator must be licensed. A motor vehicle violation, if one is convicted, may trigger a violation of probation, but that depends on the terms of the probation order. You would be best to consult with a qualified traffic attorney who can evaluate the... View More

1 Answer | Asked in Car Accidents for Maryland on
Q: Should I appeal a citation under 21-309(b) where I signalled to change lanes and a driver hit the side of my car?
Lee Eidelberg
Lee Eidelberg
answered on Nov 27, 2024

Your post presumes that you were found "guilty" and not granted a probation before judgment - which would avoid a 3 pt assessment. Filing an appeal results in additional time and expense, including an appeal fee and your (or an attorney's) reappearance before a Circuit Court judge.... View More

3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Lee Eidelberg
Lee Eidelberg
answered on Oct 1, 2024

There is no "form," per se', to fill out to file this type of lawsuit. Any lawsuit must alleged sufficient "facts" related to the elements of the particular offense alleged. For an intentional infliction of emotional distress claim, the suit must state facts that... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2024

Subject to further inquiry, you may be eligible to invoke your one-time spousal privilege, pursuant to which you cannot be compelled to testify against your husband. You need to consult with legal counsel to confirm that exceptions to the rule would not prevent you from invoking that privilege.... View More

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: received pbj for DRIVER CHANGING LANES WHEN UNSAFE, when will this pbj go away? Disposition Date: 05/22/2023

no other charges, provisional license at the time

Lee Eidelberg
Lee Eidelberg
answered on Nov 14, 2024

The PBJ does not "go away" and remains part of a separate PBJ record maintained by the MVA that ordinarily would only be available to you, the Court or a law enforcement agency.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Can you get points on your license from a moving radar ticket?

In Maryland

Lee Eidelberg
Lee Eidelberg
answered on May 8, 2024

Points do not transfer for routine speeding tickets incurred in Maryland to a Pennsylvania driver's record.

2 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: a public utility hires a contractor to provide large trucks for an ongoing project.

one of the trucks is involved in an accident while overweight. what liability attaches to the utility that hired the contractor?

the driver of the truck is an employee of the contractor hired by the utility company.

does liability attach to the utility company? The utility... View More

Lee Eidelberg
Lee Eidelberg
answered on Nov 3, 2023

Although your post does not indicate for whom the driver of the truck was employed, insurance coverage for the vehicle being operated, unless operated without permission of the vehicle's owner, generally applies to cover damages caused by a negligent operator.

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1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Maryland on
Q: Can I sue a hotel if me and another family members medications and money were stolen from our room?

I was on vacation out of state and a family member realized her things were rummaged through when we came back from an event and items were missing. I noticed my medication and money was gone the next day when I went to take them. This happened in South Carolina and I live in Baltimore. The hotel... View More

Lee Eidelberg
Lee Eidelberg
answered on Oct 16, 2023

The simple answer to the question of whether you can sue the hotel is "yes." However your need an attorney admitted to practice in SC and evidence that the hotel's staff was negligent in some manner. Presumably, the doors to the rooms lock automatically upon exiting the room so... View More

3 Answers | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: My 20 year old daughter tried to get in a club in MD with a fake ID that had her real name & picture, with a different

Birthdate. We live in Pa. She’s a top student & has never been in trouble.Can she plead guilty & ask for the diversion program? What is the best avenue to try to get a misdemeanor off her record? Thank you.

Lee Eidelberg
Lee Eidelberg
answered on Jun 27, 2023

I wholeheartedly agree with my colleagues' previous responses. Having handled countless cases involving young adults using internet generated fake I.D.'s, it is not uncommon, provided a Defendant has no prior convictions or similar offenses in their history, to avoid formal prosecution.... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Can a minor use Bluetooth while driving in md. My daughter was told by an officer that she could.

I look it up and found this driver.

Drivers under the age of 18

Drivers under the age of 18 may not use a "wireless communication device" (a handheld or hands-free device used to access telephone service) while driving, except to contact 9-1-1. Doing so is a primary... View More

Lee Eidelberg
Lee Eidelberg
answered on May 16, 2023

No, a minor cannot use a wireless communication device.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Could I call a tow truck on a car that is blocking the sidewalk for weeks now? Should I leave a notice to move the car?
Lee Eidelberg
Lee Eidelberg
answered on May 5, 2023

If the car leaves and returns to the location and continues to block the sidewalk on each occasion, a note on the windshield might suffice. If the car has remained in place for some time, the better approach might be to call the police and report that the car is seemingly abandoned and/or, if... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My attorney failed me. How can I be prejudged without my evidence and complete statement heard by the states attorney?

My attorney told me that my ex and I would have our charges dropped the day before the trial, so i was totally unprepared to know if I should have agreed to the stet. I now know the states attorney planned to find my ex innocent a month before the trial, even though I was the one that was... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 17, 2023

The Office of the State's Attorney has the prerogative either to prosecute, dismiss or in your case(s), place the cross assault cases filed against both you and your ex on an inactive or "stet" docket. Neither case, if "stetted" was dismissed. Thus, if you possess... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get out of a subpoena? I feel like I am being forced to talk against someone I did not press charges on.

My boyfriend and I were both under the influence and fought. My mom was involved. Things got physical but no one pressed charges. He was charged with 2 2nd-degree assaults. My mother and I were both mailed a subpoena but we want no parts.

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2023

You and your mother are required to appear in court pursuant to the subpoena or face the potential of being seized by the Sherrif's department pursuant to a "body attachment" issued by a judge, should the State request such an order. As a practical matter, however, and subject to... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

I'm curious about this as it pertains to Title 20 - Vehicle Laws -- Accidents and Accident Reports; Section 20-106 - Duty on Striking Domestic Animal. My dog was hit, and the driver stopped before driving away. I called the police to file a report & create a case, but I'm wondering... View More

Lee Eidelberg
Lee Eidelberg
answered on Mar 22, 2023

If the responsible driver did not notify the police/law enforcement to report the incident - and you have identification information regarding the driver - the police at its option, if you report the offender, could cite the driver for violating the applicable section of the transportation code,... View More

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