Legal Question in DUI Law in Maryland

Re: switching jurisdiction

It appears that you have numerous defenses to the DUI charge. First a police officer is not permitted to enforce the traffic laws outside of the officer�s jurisdiction. Thus, if the office pulled you over and detained you while other officers arrived, the initial stop by the out of jurisdiction officer would have been improper and any evidence derived from the illegal stop would be inadmissible. You have also noted a general lack of evidence that you were driving or attempting to drive while intoxicated.

If you would like to discuss the matter in more detail, please give me a call at (301) 838-8950.

Re: switching jurisdiction

Three major issues present themselves:

1. The officer that stopped and detained you did not have the authority to do so. In fact, even if the officer was within his jurisdiction, based on the

facts that you describe, he did not have a reasonably articulable basis to beleive a crime was being committed and therefore lacked the proper basis to stop you at all.

2. It is arguable that you were attempting to drive. Here the question will be whether the car

was in motion, or whether other evidence exists to proffer that you were attempting to drive. Any defense

that you can bring that you were not attempting to drive may be useful, but it should be underscored that it is the

State's burden to prove your guilt. The key being in the ignition while a person sits behind the steering wheel has, in some cases, been sufficient to warrant a finding that the person was attempting to drive.

3. Whether you were legally intoxicated depends on the evidence. Some evidence can come from the arresting officer. Alco-sensor tests are but one

way that a conviction for DUI can occur. The arresting officer may testify that you exhibited certain behaviors that are recognized as

indicative of intoxication. Whether a test was offerred is another matter where you were charged with refusing to take a chemical test under informed consent law. Other factors may also exist where you are charged with refusing a breathalyzer test. You should understand that a field sobriety test is not a breathalyzer test.

Although other convictions are not to be used as a basis for discerning your guilt or innocence, judges often look at a person's record before determining guilt

or innocence. Judges are permitted to view your record for purposes of sentencing.

There are things that you should be doing. Many of these are time sensitive and you should consult with an attorney. The State's evidence can and should be obtained and reviewed by an attorney.

Lastly, there are things that you can do to minimize the sting of a conviction, if such were to occur, as well as increase the probability of probation before judgment.

On another level, why were 11 tickets written? There is likely to be duplicative charges that could be merged. An attorney's assistance, especially with this matter, is highly advised.

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Re: switching jurisdiction

This will be a very difficult case to prosecute for the gorvernment. Challenge should be focused on the probable cause element. Additionally, it will be interesting to review the hearsay elements inherent in making the case in Court. Should you require our assistance in formulating the defense, please let us know. 703-981-7726