Don Dwyer's Dispatches from Circa 2010-2015


 

From Wikipedia
Don H. Dwyer Jr. (born February 11, 1958) is an American politician and former member of the Maryland House of Delegates. He served the 31st District of Anne Arundel County from January 8, 2003 to January 14, 2015. A member of the Republican Party, Dwyer is known for his conservative positions on certain issues, including outspoken opposition to same-sex marriage in Maryland. He was reelected by 25 votes in the November 2006 election and reelected again in 2010. He was defeated in the June, 2014 Republican primary, thought to be largely due to his legal troubles regarding his excessive drinking.

From 2003 - 2015 this was his website for his re-election campaigns and eventually evolving into Don Dwyer's Dispatches, the Official Blog of Delegate Don Dwyer, District 31 Anne Arundel County.
Content is from the site's 2003 -2015 archived pages as well as other outside sources..

Delegate Don Dwyer, Jr.

The most important resource for a citizen is information. The internet has made it possible to access an extremely large amount of information—so much so that perhaps the greatest obstacle is knowing how to find what you are looking for. My website is, therefore, primarily a collection of information and links to information about current bills, the state of Maryland, and historical documents.

By now most who are politically connected know who Delegate Dwyer is. I have made a name for myself in Annapolis because of my outspoken, politically incorrect approach to politics.

I refuse to speak in politically correct terms regardless of who I offend. I don't know about you but I am sick and tired of PC politicians who simply tell the public what they want to hear as opposed to what they need to hear.

 

Moving on – What is next for Delegate Dwyer

Delegate Don Dwyer on the House Floor

Delegate Don Dwyer on the House Floor

After 12 years of fighting in the Legislature to protect and defend the Constitution and the Citizens of Maryland, its now time for me to move on.

If you are visiting my website you might be wondering what’s next for me.  Well. I will continue the fight however, I will continue that fight from outside the legislature.

As result of my time in the Maryland General Assembly, I have come to understand, the only thing that can return us to a Constitutional Republic is for the individual States to take back their Constitutional authority.

The 10th Amendment of the U.S. Constitution clearly conveys that the States retain the majority of Constitutional power and authority. Unfortunately, the members of the state legislators no longer understand that the States and even the local government has the right, the authority and the duty to Nullify (ignore) federal mandates, laws, policies and executive orders that are unconstitutional.

(Unfair does not mean unconstitutional)

 



ABOUT 2003

Delegate Dwyer and Family

Family
·  I have been happily married for 22 years and have 3 delightful and insightful children. Ashley 14, Jennifer 13, and Gregg 11.
·  My family and I attend Pasadena Evangelical Presbyterian Church.

Community
·  I have lived in the same community in Glen Burnie for over 40 years.
·  I owned and operated a small business in Glen Burnie for over 12 years.
·  I have served on the Board of the Northern AACO Chamber of Commerce and the Anne Arundel County High Technology Council.
·  I served on the Board of Rockbridge Academy for three years.

Career
·  In 1978 I joined Fairchild Republic Aircraft in Hagerstown as a manufacturing engineer.
·  1983-1995 I owned & operated American Screen & Poster in Glen Burnie.
·  Between 1984 and 2000 I worked as contract engineer & consultant in aerospace and other industries.
·  I was most recently the Director of the American College for Cultural Studies and have worked diligently at educating fellow citizens on the foundational principles of the American Republic.



 

Issues

First and foremost, I believe in an American View of Law and Government.  That is, I believe that the purpose of government is to protect and defend every citizen’s God given right to Life, Liberty and Property.

Second Amendment

  • Under the Second Amendment of the United States Constitution, every Citizen’s natural right to keep and bear arms is protected. Today, Under the Obama Administration and the O’Malley Administration in MD, our rights are under attack and we now find ourselves at war to defend the very rights that our Founders intended as a means to fight against tyranny.
  • The government does not have the authority to mandate that a law abiding citizen register a fire arm. Yet many states, including Maryland, require registration. Guns don’t kill people, people kill people. A gun is simply a tool, and in the right hands a gun will protect good from evil. Regretfully, we are told to dial 911 when we are in danger. The unfortunate part is that the phone cannot protect you, your family or your property.

Government

  • I believe that the Constitution is the supreme law of the land.
  • I believe that the three branches of government (Legislative, Executive and Judicial) are to remain separate to prevent tyranny.
  • I believe that we should honor our veterans.  Many men have bled and died in military service to protect the freedoms that we take for granted. We should cherish the freedoms they secure for us as American Citizens.
  • I support reducing the size of government and returning control to “We The People”.

Immigration

  • Immigration should be legal. This means that any foreigner desiring to become an American should be allowed, assuming they are willing to learn English and study the history of America. They should understand freedom and self-responsibility and they should not be looking for a handout.
  • Illegal immigration should be the highest priority regarding American public policy. America should not be targeted and infiltrated by individuals intent on robbing America. If they are not willing to assimilate to American culture, values and style of government, they do not belong here.
  • Enforcement of immigration laws should be mandatory in all states and counties.

Property Rights

  • Property and the right of individuals to own and control their own property is one of the primary reasons America exists today. Our Founders left England because of the tyranny specifically surrounding the King owning and controlling nearly everything.
  • Zoning laws and ordinances are necessary at some level in order to maintain densely populated areas. However, government never has the right to deprive someone of their land without just compensation.  Unfortunately, this is no longer the case. Local government regularly encroaches on individual’s right to use and improve their property.
  • Critical Area Laws are specifically unconstitutional.  Waterfront land owners pay premium taxes and then are extremely limited from improving their property. Everything you do on your property requires government approval if you live on the water. This is unconstitutional.

Environment

  • We should protect the Chesapeake Bay, our rivers, creeks, and streams.  This should start with government addressing the continuous sewage overflows at treatment plants and pumping stations when a heavy rain or power outage occurs.  Instead, government focuses on dog and cat manure, septic systems and impervious surfaces as the primary source of pollution.  It’s quite clever for government to look the other way. It costs far less to fix the problem when you fail to address the root cause.  That’s why after 30 years of environmental intervention, our waterway quality continues to plummet.
  • I do not support environmental programs and regulation created to employ state workers thereby growing government and the bureaucracy that chokes America.  We must get serious about addressing the root cause of pollution in our rivers, starting with treatment plants and pumping stations.
  • I support oyster, clam, and mussel farming in an attempt to help clean our rivers.     `

Crime & Criminals

  • I serve on the House Judiciary committee, which is the committee that deals specifically with criminals. Regretfully, criminals are viewed by most elected officials as victims. They argue that they turned to crime, for example, because they were raised by a single parent or because they grew up in a bad neighborhood.  What about personal responsibility? I am sick of the bleeding heart liberals that want to protect criminals.
  • I support the death penalty. With today’s technology there is little chance that we are convicting innocent individuals.  I believe that with two eyewitnesses and a DNA match in a cold blooded murder case that the death penalty should be mandatory.
  • I believe that there should be truth in sentencing. By this I mean that a ten year sentence should be ten years not 6.5 years because of good time credits.  I also believe that second time offenders in brutal crimes should never receive parole and early release.

Taxes

  • Taxes are a necessity for good government but there is a limit. I believe our government has exceeded that limit. Today most working class Americans are taxed to death. Not only are we over taxed, the taxes that are collected are not used constitutionally.
  • Taxes can become oppressive. When government taxes the citizens to grow government itself, it is wrong. Unfortunately, I have watched as Maryland’s government continues to grow. Even though there is a projected deficit of over 1.5 billion dollars next year, the legislature passed a budget that grew by 1.2 billion dollars. I voted against the budget because we must cut spending and reduce the state debt. Otherwise, tax increases are inevitable.

Business/Economy

  • I support a free market economy. That is, every American Citizen should have the opportunity to own and operate a small or large business.  Today government seems hostile to anyone who makes a profit or is well off financially because of their hard work. This is wrong!  We should encourage business start-ups, but instead government taxes and regulates businesses until they leave Maryland.
  • I support limited business regulation. That is, regulation that addresses legitimate safety, health, and environmental issues. I do not support over-zealous enforcement officers who intimidate and coerce business owners with outrageous fines and ridiculous stop work orders.

Pro-Life

  • Under an American view of Law and Government, we first recognize that we are endowed by our Creator with certain unalienable rights. The first right that our founders recognized was the right to Life.  In their wildest dreams, the founders would have never considered a pregnant woman to be carrying anything but a human life yet to be born into this earth.

 

If you have any questions about my stance on any issue, please feel free to contact me.  I’d be happy to discuss my beliefs with anyone. Please don’t hesitate to email me at don@delegatedwyer.com.

~~~

AN ASIDE: My aunt and uncle were supporters of Don Dwyer, but chose not to vote for him in the 2014 Republican primary election for Maryland House of Delegates – District 31B. Nic Kipke ultimately won the seat in the general election. Looking back, I think the the tipping point was when the Anne Arundel County police arrested the 55-year-old Dwyer in August 2013 on driving under the influence along with 14 traffic charges. They were not alone. In addition some of his colleagues, many of his constituents wanted him to resign as well.

This all went down while I was visiting my relatives and helping my aunt look for some trendy womens glasses styles for an upcoming Caribbean cruise trip. My aunt needed help ordering the glass frames along with prescription lens. I had asked her optometrist to email her prescription so we could enter the info on the page that allowed you to order the prescription lens. I had used this online site for replacement lens a number of times. Ordering frames and prescriptions lens is becoming easier all the time. To keep my aunt confident that this was the right way to go, we selected a frame that was similar to what she normally wears but with a little extra pizzaz for the cruise ship vacation.

We were totally engrossed with selection of eyeglass frames when my uncle stomped in and exclaimed "That does it!" He was exasperated with the news of Don Dwyer's drunk driving arrest. Dywer had already pleaded guilty that year to boating while under the influence where he ended up injuring himself, as well as a number of other people including children. My uncle is a teetotaler so he really doesn't give any allowances for people who drink excessively, particularly public servants in the government. A short time later when long-time Anne Arundel County businessman and civic leader Gus Kurtz announced he was seeking Dwyer's seat in the House of Delegates, my uncle said that's whom he would vote for. Well it turned out my aunt and uncle ultimately voted for Nic Kipke who is currently the Minority Leader of the Maryland House of Delegates. I wonder how Don Dwyer is doing today.

 

Past House Service
  2013-2014 Ways and Means Committee
  2013-2014 Transportation Subcommittee of the Ways and Means Committee
  2005-2013 Deputy Minority Whip
  2003-2013 Judiciary Committee
  2007-2013 Juvenile Law Subcommittee of the Judiciary Committee
  2011 Vice Chair, Anne Arundel County Delegation
  2003-2006 Criminal Justice Subcommittee of the Judiciary Committee
Public Service
  2005- Redistricting and Elections Committee, National Conference of State Legislatures
  2005 Environment Subcommittee, Anne Arundel County Delegation
  2003- Capital Budget Subcommittee, Anne Arundel County Delegation
  2003- American Legislative Exchange Council, Criminal Justice Task Force
  2003- American Legislative Exchange Council, Homeland Security Task Force
  1992-1994 Advisory Board, Maryland Small Business Development Center Network
  1991-1992 High Technology Council, Anne Arundel County
Memberships
  2005- Maryland Veterans Caucus
  2003- Taxpayers Protection Caucus
  1999-2003 Rockbridge Academy
  1990-1992 Board of Directors, Northern Anne Arundel County Chamber of Commerce
Awards
  2006 Legislator of the Year, Gun Owners of America
Biographical Information
  Born, Annapolis, Maryland, February 11, 1958
  Glen Burnie High School, 1976
  Junior Manufacturing Engineer, Fairchild Republic Aircraft, 1977-81
  Owner and Operator, American Screen and Poster, Inc., 1983-95
  Business Consultant, 1996-97
  Contract Aerospace Engineer, 1981-83, 1998-2000
  Director, American College for Cultural Studies, 1998-2000
  Director, Institute on the Constitution, 2001-04
  Executive Director, Institute on the Constitution, 2005-
   Three children

 



 

Don Dwyer's Dispatches

Official Blog of Delegate Don Dwyer, District 31 Anne Arundel County.

 

Chesapeake Bay

As a lifelong Marylander, I along with you, am concerned with the health of our bay. Here in Maryland we are always looking for ways to improve the health of the Chesapeake and I am committed to pursuing real, effective ways to achieve that goal.

I am often dismayed when legislation requires more money be spent whether by business owners or private homeowners in order to “protect the bay” These revenue generating efforts have yet to achieve the important goal of improving bay health. We have seen ever increasing spending over the last 30 years with no real improvement on the waterways. We have seen legislation mandating  homeowners to spend thousands on new septic systems even though existing systems were meeting government regulated levels of efficiency and discharge. When I questioned MDE in committee several years ago, I asked for specific data proving that failing septic systems were causing the pollution.  They responded that they had no data or statistics. There have been instances in which MDE has blamed the pollution of certain waterways on dog and cat manure as the cause, but with no specific data to back up this claim.

The Legislature recently had the audacity to pass a tax on rain in the name of bay restoration. It seems as though the conversation about the health of the bay revolves solely around the amount of money can be wrung out from citizens in its name. What is never talked about is the root cause of pollution in the bay. How many citizens are told of the pumping station and waste water treatment plants failures that dump millions of raw sewage in the bay, or the permitted overflows from private industry.

Over the next few weeks I will outline the recent history of the efforts on bay restoration, money spent and ever encroaching legislation on property rights. I care about the bay, but until the real cause is rooted out and addressed, we will be in a cycle of spending and raising taxes with little to no effect.

 



 

The Real Water Pollution Problem in Anne Arundel County

Warning Sewage Spill

Anne Arundel County – Fines paid to State of Maryland for Sewage Spills by year. Take note of the “running total” for the year.

In Anne Arundel County, we have been led for many years, to believe that the poor water quality in our rivers and creeks is caused by privately owned failing septic systems as well as stormwater run off.  Homeowners are being forced by permit regulations to install “Nitrogen Reducing” septic systems as well as paying a “Rain Tax” (a tax on impervious surface square footage).

The myth of failing septic systems is disproved specifically in Furnace Creek where in 1972, AACO condemed all septic systems and connected homes and businesses to the county wastewater system. However, in spite of the removal of all septic systems, as recently as 2009, Furnace Creek remained on the EPA’s list of “closed” creeks because of high concentrations of e-coli bacteria from feces.

Stormwater as a pollutant-  on January 3, 2013, U.S. District Judge Liam O’Grady  ruled that the EPA exceeded its authority by attempting to regulate stormwater runoff into a Fairfax County creek as a pollutant. “Stormwater runoff is not a pollutant, so EPA is not authorized to regulate it,” O’Grady said. The ruling could ultimately save Virginia taxpayers more than $300 million.  The EPA was attempting to force Virginia lawmakers to regulate and create a tax similar to Maryland’s “Rain Tax”.  Unlike Maryland, Virginia dropped the proposal following the U.S. District Court opinion.

I have long argued based on the research of former Councilman Tom Redman and myself, that the real problem is wastewater pumping stations and wastewater treatment plants. In 2009 Mr. Bowen (the Anne Arundel County director of public works) said in a Capital Gazette article, ”the county sewer system, which serves more than 100,000 people in the area, is in good shape and that sewage spills only account for a portion of pollution in the creeks. We will stand up to the best of the best across this nation,” County officials went on to say, stormwater runoff from the area’s urban streets – including unknown amounts of animal waste – are responsible for most of the pollution in Marley and Furnace creeks. Thousands of failing septic systems in Pasadena are the major culprits in Rock Creek. 

Note however in the current “Bay Stat” report, Anne Arundel County’s primary issue with water pollution is attributed to wastewater treatment plant discharges. Pumping station overflows are certainly part of the Bay Stat finding.

AACO BayStat Report

 

Note: Wastewater treatment plants are identified as the primary cause of pollution in Anne Arundel County.

 

Western Shore Baystat Report

Note: Wastewater treatment plants are identified as the primary cause of pollution on the majority of the western shore of Maryland.

Though the graph shows  stormwater as the secondary cause of pollution, stormwater causes a problem of erosion and sediment. ie: shallow waters and channels as opposed to direct pollution caused by pumping station overflows and watewater treatment plant discharges. Because of the unwillingness of the State to fully fund the retrofit of nitrogen and phosphorus removing technology on all of Maryland’s treatment plants, the emphasis is diverted to stormwater runoff, resulting in the mandated “rain tax”.

Millennium - This report was the work of former council member Tom Redmond and myself.

The graphics above are screen shots of the interactive map on MD Bay Stat website which shows the cause of pollution problems by region, tributaries and counties.

 



 

Are Septic Systems Killing the Bay?

Nitrogen from Onsite Sewage Systems

On site septic systems release nitrogen into our streams, rivers, creeks and eventualy the Chesapeake Bay. However, nitrogen loads from these systems are difficult to quantify because of challenges in accurately measuring the nutrient transformations that occur as the septic effluent leaves the drainfield and is filtered through sand, soil layers and groundwater before it enters nearby waterways.

Once nitrogen is discharged from a septic system drainfield to sub-surface soil layers, there are a number of pathways which can lead to a loss of nitrogen (e.g. denitrification) before it enters a nearby surface waterways. The amount of nitrogen removal that occurs is difficult to quantify, since it is highly variable due to differences in sub-surface soil characteristics and groundwater flow pathways.  The proximity of septic systems to the shoreline is another factor that  effects how much nitrogen enters the bay since effluent from septic systems located closer to the shoreline will spend less time in the soil before it enters nearby surface waters, and therefore have higher nitrogen concentrations than effluent from septic systems located further inland.

Disparity in Nitrogen levels.

Back River Waste Water Treatment Plant

In Washington state, they estimate septic system effluent nitrogen concentration at 31 mg/L.   The University of Florida finds that nitrogen concentration in septic tank effluent is about 60 mg/L. Here in Maryland, specifically Anne Arundel County uses the figure of 40 mg/L per one report and MDE uses the figure of 60 mg/L per the dept. of legislative services. The disparity amoung states and universities confirms the dificulty in determining the actual amount of nitrogen released by conventional septic systems.  Maryland estimates that the average family on a septic sytem releases 24 lbs. of nitrogen yearly.

 Septic Systems vs. Waste Water Treatment Plants

If you take all 52,00 septic systems located within the Critical Area of the Chesapeake Bay, they release an estimated 1,428,000 Lbs of nitrogen into the bay annually as compared to all of the major waste water treatment plants in Maryland that release an estimated 20,251,860 Lbs of nitrogen annually.  Even after all of the Waste Water Treatment Plants are upgraded, the nitrogen released will still far exceed that of conventional residential septic systems.

 



 

Effects of Nitrogen – The ecological balance

nitrogenNitrogen/images can exist in variety of oxidation states from minus three in organic compounds to plus five in the nitrate form. The biological transformation of nitrogen among these forms is called the nitrogen cycle: atmospheric nitrogen is the reservoir of nitrogen for the earth ecosystem. Raw sewage is rich in ammonia and organic nitrogen. At neutral pH virtually all ammonia will be in the ionic form, NH4+ . The biological conversion of organic nitrogen to ammonia is called ammonification/images. Since this process is rapid, our discussion begins with ammonia.

When raw sewage enters a body of water, dissolved oxygen is lost first to the biological oxidation of organic carbon to carbon dioxide and then to the oxidation of ammonia. That is, oxygen demand can be thought of in two stages: a carbonaceous oxygen demand and a nitrogenous oxygen demand/images. The uptake of oxygen in a body of water is expressed graphically as the classic DO sag curve.

All waters have the ability to replenish a some or all of this oxygen through re-aeration created by turbulence and to a lesser extent by aquatic plant life photosynthesis. In high population densities, however, the organic and nitrogen loadings can quickly exceed the capacity of a receiving water to replenish the consumed dissolved oxygen. If all the oxygen is consumed, the water will become septic — a condition which is not only unpleasant but also uninhabitable to the aquatic life associated with the receiving water. If the dissolved oxygen levels are reduced by even a few parts per million, the species which normally inhabits the steam will be severely impacted. In waste water treatment, nitrification/images by secondary treatment (e.g. activated sludge, trickling filters, and rotating biological contactors) protects the steam.

Most waste water treatment plants release nitrogen as nitrate. For many receiving waters this presents no problem. Either there is sufficient dilution of the nitrate (e.g. release into the ocean) or there is sufficient flow (a river with strong currents) to prevent accumulation of the nitrates. For lakes and particularly for estuaries, (like the Chesapeake Bay) however, the nitrate acts as a food source for algae, creating an ecological imbalance.

In an estuary thebenthic /images(bottom dwelling) organism such as clams and scallops, require the oxygen released during photosynthesis by aquatic plant life. Let’s follow what occurs when excessive nitrates are loaded into a bay. Nitrates are the limiting nutrient in the growth cycle of algae. Given excess nitrates, the algae bloom creating a mat. This mat absorbs the sunlight required for photosynthesis carried out by other aquatic plant life. Since no oxygen is released by photosynthesis where the benthic crustaceans and bivalves live, these creatures quickly die. Algae blooms have been known to completely destroy the productivity of an estuary.

Oyster-tongers2_crop

Excessive algae blooms in a lake lead to eutrophication, /imagesa process in which a lake prematurely silts up. Algae blooms in lakes are limited by two nutrients: nitrogen and phosphorus. These nutrients tend to be recycled within the lake and to accumulate. Whether nitrogen or phosphorus or both should be controlled prior to discharge into a lake depends on the nature of water. Often, but not always, denitrification plays a critical role in maintaining the ecological integrity of a lake or estuary like the Chesapeake bay.

Watersheds that are sole source aquifers, however, risk nitrate infiltration from waste water effluent that is used to recharge aquifers. Sole source aquifer regions such as Long Island have invested millions of dollars in upgrading waste water treatment plants to include denitrification/images.

 

Annual State of the Bay report has been issued and looks at the health of the bay

 



 

Maryland’s Constitutional Sheriffs

The following Sheriffs are courageously taking a stand to defend your right to keep and bear arms. Each of these individuals have come to Annapolis to testify and to stand shoulder to shoulder with us.

Please take the time to call or email these patriots to thank them for their commitment to their Oath of Office and their pledge to defend Marylanders’ Rights to “keep and bear arms”. The link below directs you to the Sheriffs’ Association Meet the Sheriffs page for contact information on all of the Sheriffs.

MD Sheriffs Association- Meet the Sheriffs

Sheriff  Michael A. Lewis- Wicomico County (President of the Sheriffs’ Association)

Sheriff Dallas Pope-Talbot County

Sheriff John F. Price, IV- Kent County

Sheriff R. Gary Hofmann-Queen Annes County

Sheriff Reggie T. Mason, Sr.-Worcester County

Sheriff James W. Phillips, Jr.- Dorchester County

Sheriff Tim Cameron-St. Mary’s County

Sheriff Randy Bounds- Caroline County

Sheriff Charles A. (Chuck) Jenkins- Fredrick County

Sheriff Kenneth Tregoning- Carroll County

Sheriff Mike Evans- Calvert County

Sheriff Robert Corley- Garrett County

Sheriff Craig Robertson- Allegany County

Sheriff Doug Mullendore- Washington County

Sheriff Rex Coffey- Charles County

Sheriff Barry Janney- Cecil County

Sheriff Robert Jones- Somerset County

Please also take the time to recognize the following Police Chiefs:

Chief Rodney Cox- Town of Denton, Caroline County rcox@dentonmdpolice.com

Chief Gary Manos- Town of Ridgely, Caroline County gmanos@ridgelymd.org 

If your Sheriff or Chief is not listed as supporting your Constitutional rights, please contact them directly and ask the following specific question:

Will you stand with many of your fellow Sheriffs in upholding your Oath to protect and defend the Constitutional right to keep and bear arms in your jurisdiction? Will you if necessary, defend your constituents in this regard?

If you get a comitment, please have your Sheriff contact my office in order that he may be listed with the other Sheriffs above.

 

Constitutionally Yours,
Don H. Dwyer, Jr. Delegate

During the Legislative Session I welcome visitors who would like to view the legislative process. We can arrange a tour or you can shadow me as I attend session and committee hearings. To schedule a visit, please call my office 410-841-3047

 



UPDATE:

Former delegate Dwyer sentenced to 6 months in jail

By TIM PRAT | www.capitalgazette.com/ | SEP 30, 2015

Former Anne Arundel County Del. Don Dwyer on Wednesday was sentenced to six months in jail for violating his probation in a drunken boating case.

"I told you that if you violated probation in any way, shape or form ... you were going to jail," said Judge Emory Plitt, a retired Harford County judge.

Dwyer, 57, of Pasadena, previously was ordered by the court to abstain from alcohol and stay away from businesses that serve alcohol after his guilty plea to operating a vessel while under the influence.

The charge stems from a boating crash on the Magothy River in 2012 that injured more than a half-dozen people, including children.

But the former Republican lawmaker, known for his conservative views on same-sex marriage and other issues, admitted to drinking six beers one night in May in Ocean City. An interlock device in his vehicle detected the alcohol the following morning, said special prosecutor Claude de Vastey Jones, an assistant state's attorney from Howard County.

Dwyer's interlock device also detected alcohol on his breath in late December, Jones said. His parole and probation agent warned him after the December incident that he was violating the terms of his probation, the prosecutor said.

"He was fully aware that it was not OK," Jones said.

Wearing a green jail uniform with a long-sleeve white shirt underneath, Dwyer struggled to keep his composure during the hearing. He said he has lost his family and many of his possessions in a divorce, and that his father has died.

An elder care business he started in March is still getting off the ground. And he owes nearly $200,000, as ordered by the courts, in connection to the boating accident, he said.

"Your honor, I stand before you today as a broken man, and I mean truly broken," he said.

Defense attorney Jill Carter said Dwyer has been taking steps to deal with his alcoholism, including inpatient and outpatient services, Alcoholics Anonymous meetings and counseling. She asked Plitt to spare Dwyer more jail time — he served a combined 60 days on weekends for the drunken boating case and a separate drunken driving case — and instead let him undergo treatment for his alcohol addiction.

"I don't believe the public's interest or Mr. Dwyer's interest is served by giving Mr. Dwyer incarceration," Carter said.

But Plitt, who could have given Dwyer the 11 months of suspended jail time that was hanging over his head for the boating case, said he thought carefully about the case and decided jail time was appropriate.

"I suspect nobody put a gun to his head and said, 'Drink this beer or you're dead,'" the judge said.

Plitt gave Dwyer credit for the 20 days he has served in Jennifer Road Detention Center since he was arrested earlier this month on the probation violation. Dwyer's probation was scheduled to end in October 2016. The judge ended it unsatisfactorily after imposing the jail sentence.

The drunken boating charge against Dwyer followed an incident in August 2012, when he was operating his 26-foot Targa Baha Cruiser, The Legislator, on the Magothy River and it collided with another boat. Eight people, including children who had been tubing in the water, were injured in the crash.

Dwyer received a year in jail, with all but 30 days suspended, plus three years of probation. He also received 30 days in jail for the drunken driving case.

In the June 2014 Republican primary, Dwyer was ousted by voters in District 31-B. Dwyer was replaced by Republican Meagan Simonaire. Del. Nic Kipke, R-Pasadena, also represents the district.

Dwyer had served in the House of Delegates since 2003, winning elections in 2006 and 2010.

 



 

DelegateDwyer.com