One of the unique features of Maryland courts is that if you are not happy with your District Court DUI guilty verdict, then you can appeal directly to the Circuit Court and start from scratch! That is exactly how the Law Office of Ross W. Albers got its client’s Frederick County DUI arrest suppressed and case dismissed.
Frederick County DUI arrest suppressed and case dismissed
You have a right to appeal a guilty verdict entered in a District Court criminal or traffic case. However, you do not have a right to appeal if you have been given a probation before judgment.
Our client was found guilty in the District Court. The client turned down the judge’s offer of a probation before judgement in order to preserve the right to appeal. Within 30 days, our client filed an appeal to the Circuit Court.
Just as we did in the District Court, Frederick County DUI Lawyer Ross W. Albers moved to suppress the arrest. A DUI arrest requires probable cause. Probable cause exists when the police officer has reason to believe that a driver’s normal coordination is impaired by alcohol.
Here, the court agreed that speeding, a strong odor of alcohol, glassy eyes and 6 out of 6 clues on the HGN test were not enough to prove that our client’s normal coordination was impaired by alcohol.
The Assistant State’s Attorney did an amazing job in the District Court and Circuit Court. Additionally, both judges in the District Court and Circuit Court were fair and impartial.
At the end of the hearing, both the arresting officer and breathalyzer operator said that if they ever needed a lawyer, then they’d be calling the Law Office of Ross W. Albers.
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.