If the police officer doesn’t show up, then you may get your Montgomery County DUI dismissed by the court.
Montgomery County DUI Dismissed after Postponement Denied
I speak with a lot of potential Maryland DUI clients who ask the same question: “Do I really need a DWI Attorney for my first offense? Won’t I just get a PBJ anyway?”
My client’s Rockville DUI case was a perfect example of why it pays to have an experienced Montgomery County DWI Attorney representing you in court.
My client was charged with . She crossed over the double yellow line and side-swiped a car head-on. My client refused the standard field sobriety tests, admitted to being drunk and refused the breathalyzer.
Anytime a DUI involves a car accident a big red flag exists. As a former Baltimore City prosecutor, I was taught to treat DUIs involving car accidents, high BAC results and/or multiple offenders differently. Meaning, advocate for harsher sentences.
As with any DUI case, I recommended that my client complete an alcohol assessment and treatment, which she did. I felt confident that after a trial, or a guilty plea, she would walk away with a probation before judgment, which is what my client wanted.
I checked in with the State’s Attorney and was told my client could plead guilty to driving while under influence and negligent driving, and the State was not opposed to a probation before judgment.
I knew that the prosecutor needed several witnesses to prove my client’s case and asked which witnesses were present.
Turns out, the only witness present in court today was the police officer who wrote the report, but did not observe my client driving.
So, my client and I waited for the necessary civilian and police witnesses to arrive. They never did.
The Assistant State’s Attorney requested a postponement and advised the judge that the State needed a postponement so they could subpoena the witnesses and police officers.
I objected and pointed out that my client was charged months ago. The State had months to subpoena and contact the necessary witnesses and police officers.
The judge agreed with my analysis and denied the State’s postponement request. The prosecutor then dismissed my client’s first offense case! My client was ecstatic.
So, had this client not hire an Rockville DUI attorney would she gotten her Montgomery County DUI dismissed? Maybe not. The State would have requested a postponement and the Court may have granted the postponement and told this client to go hire an attorney.
Contact Montgomery County DUI Attorney Ross W. Albers
If you have been arrested for a Maryland DUI, Baltimore City DUI, Carroll County DUI, Harford County DUI, or Frederick County DUI, then contact Montgomery County DWI Attorney Ross W. Albers for a free consultation.
Maryland DUI Attorney Ross W. Albers is a former Baltimore City prosecutor. The Law Office of Ross W. Albers is located in Carroll County and handles the following matters throughout Maryland: criminal defense, driving under the influence defense, juvenile defense, peace orders, and personal injury.