Motion to Suppress Carroll County DUI Stop on Route 140 Granted
A Route 140 DUI not guilty verdict is possible in Carroll County, Maryland. But, you have to be: Ready for trial!
Carroll County DUI Attorney Ross W. Albers tried a first offense driving under the influence case in the district court located in Westminster, Maryland. Our Carroll County DUI client was found not guilty of all DUI charges after a motion to suppress hearing.
Facts: Route 140 DUI Not Guilty
Our Carroll County DUI client was pulled over for crossing the broken white lines dividing Route 140 in Carroll County. According to the Maryland State Trooper, he observed our client cross the lane divider four times over the course of 0.2 miles.
Ultimately, our Carroll County DUI client was arrested after failing the standard field sobriety tests and registering a 0.09 BAC on the breathalyzer.
Our Carroll County DUI client was charged with: (1) failing to obey a properly placed traffic control device; (2) negligent driving; (3) reckless driving; (4) driving under the influence; (5) driving under the influence per se; and (6) driving while impaired.
Law: Route 140 DUI Not Guilty
Immediately, Albers & Associates recognized that there was an issue with the stop in this Carroll County DUI case. In order for the Maryland State Police to stop your car they must have a reasonable suspicion that you are driving contrary to the laws governing the operation of a motor vehicle.
Failing to obey a properly placed traffic control device requires that a driver not follow the markings on the road.
Here, our theory of the case was that our Carroll County DUI client did nothing wrong by crossing over the “broken” lane dividers, because these markings on the road allow drivers to change lanes. More importantly, there was no evidence to suggest that our Carroll County DUI client was driving in an unsafe manner affecting other traffic on the road.
There is some good case law in Maryland about whether or not touching, crossing, or entering another lane of traffic is enough for the Maryland State Police to stop a car.
Motion to Suppress: Route 140 DUI Not Guilty
After consulting with our Carroll County DUI client, collectively we made the decision to let Albers & Associates take the Carroll County DUI case to trial. On the day of court, Carroll County DUI Lawyer Ross W. Albers informed the prosecutor that the Maryland State Trooper was needed because our Carroll County DUI client wanted a hearing to suppress the stop.
The State called the Maryland State Trooper to the stand and elicited testimony that he observed our Carroll County DUI client cross the “broken” lane dividers four times over a span of 0.2 miles. On cross-examination, the Maryland State Trooper admitted that no other cars were affected by our client and that his observations lasted about 10 seconds.
The District Court judge granted the motion to suppress the stop because 10 seconds and no unsafe driving is not enough for the police to stop a vehicle for crossing “broken” lane markings.
Since the stop was illegal, the Carroll County State’s Attorney’s Office had no evidence to prove the DUI charges.
Our Carroll County DUI client was found not guilty.
The Maryland State Trooper, Assistant State’s Attorney, and District Court judge did an excellent job. The hearing was conducted professionally and both sides made compelling arguments. Luckily, the District Court judge was persuaded in our favor.
Schedule a free Carroll County DUI Lawyer consultation
If you’re looking for a Maryland DUI Attorney to take your case to trial, then contact Albers & Associates.
Carroll County DUI Attorney Ross W. Albers offers a free consultation to explain and review your Carroll County DUI arrest. During your free consultation, Albers & Associates will review the facts, charges, MVA consequences and possible criminal penalties of your Carroll County DUI case.
Contact Albers & Associates today to schedule a free DUI consultation. Evening and weekend appointments are available.The post Motion to Suppress Carroll County DUI Stop on Route 140 Granted appeared first on Albers and Associates.