At Alpert Schreyer, LLC, we believe in defending our clients’ rights vigorously and providing them with the best legal representation possible. Recently, our talented attorney, Jason Miller, achieved a significant victory for one of our clients facing a DUI charge. Through his relentless advocacy and profound knowledge of the law, he successfully had all evidence suppressed, resulting in a potential year-long jail sentence being averted. The key to this triumph lay in exposing the officer’s failure to comply with body-worn camera (BWC) regulations and the wiretap law governing one-party recordings. In this blog post, we delve into the details of this case to emphasize the importance of knowing your rights when charged with a traffic or criminal matter.
The Case: A DUI Charge and Potential Consequences
Our client, whose identity remains anonymous for confidentiality reasons, was facing a DUI charge and the daunting prospect of spending up to a year behind bars. A DUI conviction could have also led to severe consequences, including hefty fines, license suspension, probation, and a tarnished criminal record. Knowing the gravity of the situation, our client turned to Alpert Schreyer, LLC, seeking expert legal counsel and representation.
Attorney Jason Miller: Championing the Client’s Rights
Attorney Jason Miller took on the case with utmost dedication, recognizing the significant impact it could have on our client’s life. Drawing from years of experience and a deep understanding of the law, Attorney Miller identified a crucial flaw in the prosecution’s case – the officer’s non-compliance with BWC regulations and the wiretap law.
The Key to Success: Suppression of Evidence
In many DUI cases, the evidence collected by law enforcement officers, such as breathalyzer results, field sobriety tests, and observations, serves as the foundation of the prosecution’s case. However, when evidence is obtained unlawfully or in violation of an individual’s rights, it can be suppressed, rendering it inadmissible in court. Attorney Miller’s sharp eye for detail uncovered that the arresting officer had failed to adhere to BWC regulations and the wiretap law during the arrest.
Body-Worn Camera (BWC) Violation
In recent years, many law enforcement agencies have adopted body-worn cameras to increase transparency and accountability during interactions with the public. These cameras are essential tools for capturing interactions between officers and individuals, especially during arrests. In this case, the officer failed to activate the BWC or deliberately turned it off during crucial moments of the arrest. As a result, there was no recorded evidence of the arrest procedure, potentially raising doubts about the accuracy of the officer’s testimony.
Wiretap Law and One-Party Recordings
The wiretap law, which varies by state, prohibits the recording of private conversations without the consent of all parties involved. In this particular case, Attorney Miller revealed that the officer had recorded the interaction without our client’s knowledge or consent. Such one-party recordings are illegal, and using them as evidence in court constitutes a violation of an individual’s privacy rights.
The Outcome: All Evidence Suppressed
Armed with this critical information, Attorney Miller skillfully presented the evidence of BWC non-compliance and wiretap law violation to the court. As a result, all evidence gathered during the arrest, including the officer’s observations and breathalyzer results, was deemed inadmissible. With the core of the prosecution’s case dismissed, our client’s position was significantly strengthened, and the potential jail sentence and other DUI-related consequences were no longer imminent threats.
Know Your Rights: Seek Professional Legal Help
The case of our anonymous client serves as a reminder of the importance of knowing and understanding your rights when faced with a traffic or criminal matter. While some may be tempted to navigate the legal system alone, the consequences of such charges can be severe and long-lasting. Seeking professional legal assistance from skilled attorneys like those at Alpert Schreyer, LLC, can make a significant difference in the outcome of your case.
Contact Our Experienced Maryland DUI Attorneys
At Alpert Schreyer, LLC, we are committed to protecting the rights of our clients and achieving the best possible outcomes for their cases. Our recent victory in suppressing evidence due to BWC and wiretap law violations underscores the significance of proper legal representation. If you or someone you know is facing a DUI or any criminal charge, remember to know your rights and reach out to our experienced attorneys for dedicated and skilled legal assistance.