Beating a Maryland DUI Charge
No one ever expects to be arrested and charges
with a DUI or DWI. Unfortunately, it's the kind of
thing that can happen to almost anyone, if you've
had a drink, and happened to be in the wrong place
at the wrong time.
Many police officers will reflexively arrest
people under even the slightest suspicion of DUI or
drunk driving.
If drove your car after one drink, and spilled
some on your shirt, and have bad knees, meaning you
can't pass the field sobriety exercises, then
suddenly you will find yourself arrested.
The police report may sternly read that you:
- smelled strongly of alcohol,
- failed field sobreity tests,
- and refused a breath test.
But all of these facts are explainable, and
shouldn't be evidence that you were impaired and
don't mean that you are a drunk driver.
But now you are going to need a lawyer to prove
that. You need a criminal defense attorney to fight
your Maryland DUI charge, and help explain these
facts absoultely don't mean you were drunk, and
shouldn't mean a conviction.
Fighting a criminal charge is
stressful, period. And, when you are looking at
losing your license, your money, and your freedom,
you have a lot riding on the outcome. DUI and DWI laws in
Maryland are stringent to say the least. But I'm
hear to tell you that these charges can be beaten,
or reduced. Even if the facts don't look like they
are on your side, there are still legal defenses we
can use.
Is it
possible to beat a DUI or DWI charge in the state of
Maryland?
Absolutely, it happens all the time. Of course
there are no guarantees, and some cases are better
than others. But even tough cases can be won.
There are many options when determining the best
course of action for your case. Together we will
work to ensure you get the best results possible on
your day in court.
Maryland DUI
Defense
Options
There are many rules and
procedures that must be followed when arresting
someone and charging them with a crime. Despite the
way it feels, the criminal justice system was
designed to protect your rights. As your defense attorney, it would be my job
to ensure that’s exactly what is happening.
Challenge the
Stop- In order to pull you over for suspicion of
driving under the influence, the police must have
probable cause. Erratic, illegal driving is one such
justification. If we can show that the police somehow violated
your rights by stopping you without sufficient
reason, we may be able to get the charges dropped.
Challenge the
Breath Test Results- If your breath test results
are the main evidence against you we can challenge
the validity of them. From the accuracy of the
machine itself to the training of the officer who
administered the test, there are many possible
options for use to show the court that the test
cannot be relied upon.
Challenge the
Arrest Procedures- Police must follow some
arrest procedures “by the book” to ensure that you
are taken into custody in a legal manner. If they
neglect to read you your rights or even read them
too late in the case, the prosecution may not be
able to use the evidence and information obtained
from you prior to the issuance of those rights.
Challenge
Field Sobriety Tests- If the arresting
officer(s) had you perform field sobriety tests,
they must have been administered properly. Together
we will look closely at the tests given to you and
the results to see if the officer, perhaps, made a
mistake.
Even if the
prosecution seems to have a good case against you,
we may be able to get charges reduced or even a
Probation Before Judgement (PBJ).
If this is your first DUI
offense the prosecution could agree to reduce the
charges against you. Perhaps if the original charge
was a DUI, we can work to get it lowered to a DWI,
which carries a much lower potential sentence.
Probation
Before Judgment
If you haven’t had any
convictions within the last 5 years, you could
qualify for a PBJ. PBJ allows for you to serve a
term of probation without going to trial. If
successful during this probationary term, the
charges against you are dropped.
This probation period may
include community service, drug/alcohol treatment,
and other basic conditions.
When
facing criminal charges like DUI and DWI, you want
an attorney who knows several different defense
strategies. Having experience is crucial but being
able to individually tailor the strategy to your
specific case, and find you the best possible DUI
defense options.
Call For a Legal Consultation on Your Maryland
Drunk Driving / DUI/DWI Charges
Maryland drunk driving cases can be challenged
won. To
find out what I can do to help you protect your
rights and freedom to drive, call (888) 452-4344.
Call me at (888) 452-4344 for my legal opinion on
a defense of you Maryland DUI arrest. My drunk
driving case evaluation is free.
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