A Proven and ExperiencedMaryland Attorney

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-Ross W. Albers,Proven DUI Attorney

Illegal Frederick County DUI Arrest

Category: Maryland DUI,Maryland DWI
December 10, 2015

An illegal Frederick County DUI arrest can be challenged by in many different ways.  Recently, the Law Office of Ross W. Albers litigated a Frederick County DUI Arrest in the district court.

How to challenge an illegal Frederick County DUI arrest

Frederick County DUI Attorney Ross W. Albers argued three separate motions to suppress the Frederick City Police Department’s DUI stop, DUI sobriety tests and DUI arrest.

A motion to suppress a police search, seizure or stop is a request by a defendant that the judge rule that police action is unconstitutional and violates the Fourth Amendment against unreasonable searches and seizures.  A Maryland DUI Defense Attorney often makes this motion in advance of trial.  However, in the district court, these motions are usually part of the trial.  If the district court judge rules in favor of the defendant and finds the police action unconstitutional, then the prosecution or judge may have to dismiss the case.

In order to stop a driver, the Frederick City Police must have a reasonable articulable suspicion that a traffic violation has occurred, is occurring, or is about to occur.  In our client’s case, the client was pulled over for speeding after the Frederick City Police used a speed radar to track the client’s speed.  The Law Office of Ross W. Albers challenged the Frederick City Police Department’s use of the speed radar.

Next, Frederick County DUI Attorney Ross W. Albers challenged the Frederick City Police Officer’s decision to order the client out of the car to perform the standard field sobriety tests.  In order to demand a driver exit their vehicle to perform field sobriety tests, the Frederick City Police Officer must have a reasonable articulable suspicion that the driver was driving while under the influence of alcohol.  In our client’s case, the Law Office of Ross W. Albers challenged whether the Frederick City Police Officer had enough evidence to order the driver out of the car to perform the field sobriety tests based on the strong odor of alcohol alone.

Finally, a DUI arrest requires probable cause.  Probable cause for arrest exists when facts and circumstances within the police officer’s knowledge would lead a reasonable person to believe that the suspect has committed, is committing, or is about to commit a crime.  In a Frederick County DUI case, the Frederick City Police Officer must have probable cause that a driver is under the influence of alcohol and that their normal coordination is impaired.  In our client’s case, Frederick County DUI Attorney Ross W. Albers challenged whether the Frederick City Police Officer had probable cause to place the driver under arrest.

Contact the Law Office of Ross W. Albers to schedule a free DUI consultation

If you believe you were the victim of an illegal Frederick County DUI arrest by the Frederick City Police Department, Frederick County Sheriff’s Office, or Maryland State Police, then contact the Law Office of Ross W. Albers immediately to schedule a free consultation.

The Law Office of Ross W. Albers is located in Carroll County, Maryland.  Maryland DUI Attorney Ross W. Albers represents clients charge with driving under the influence throughout Maryland. The Law Office of Ross W. Albers has been recognized as a Maryland Super Lawyers Rising Star in Criminal Defense: DUI.

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