Driving under the influence (DUI) is a serious offense in Maryland, carrying significant penalties that can impact various aspects of your life. However, not all DUI charges are justified. Sometimes, the police might make errors or violate procedures during a DUI stop, forming the basis for challenging the validity of the stop. This guide will help you understand the steps to challenge a DUI stop in Maryland and what you need to consider to protect your rights.
Understanding the Basics of a DUI Stop
Before diving into the specifics of challenging a DUI stop, it’s essential to understand what constitutes a lawful DUI stop. In Maryland, the police need reasonable suspicion to pull you over. This means they must have a legitimate reason to believe you have violated a traffic law or are involved in criminal activity. Common reasons for DUI stops include swerving or erratic driving, running a red light or stop sign, speeding or driving too slowly, equipment violations such as a broken tail light, or reports from other motorists. If the police lack reasonable suspicion, the stop may be deemed unlawful, and any evidence obtained as a result of the stop could be inadmissible in court.
Grounds for Challenging a DUI Stop
One of the most common ways to challenge a DUI stop is by arguing that the police lacked reasonable suspicion. If the police cannot provide a valid reason for pulling you over, the stop is illegal. Your attorney will examine the police report, dashcam footage, and any witness statements to determine if the stop was justified.
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Another ground for challenging a DUI stop involves questioning the credibility of the police officer’s observations. The officer might claim they observed erratic driving or other suspicious behavior, but if these observations are not supported by evidence such as video footage or witness testimony, their credibility can be challenged. Additionally, if the officer’s account of the events leading to the stop changes or seems inconsistent, this can also be used to challenge the validity of the stop.
You can also challenge the administration and results of field sobriety tests. These tests are often used to establish probable cause for a DUI arrest, but they are not always reliable. Factors such as poor weather conditions, uneven road surfaces, or the driver’s medical condition can affect the results of these tests. If you can demonstrate that the field sobriety tests were administered improperly or that the conditions were unsuitable for accurate testing, you might be able to challenge the stop.
Questioning the calibration and maintenance of breathalyzer devices is another approach. Breathalyzer tests are commonly used to measure a driver’s blood alcohol content (BAC). However, these devices must be properly calibrated and maintained to provide accurate results. If there are records showing that the breathalyzer device used in your case was not properly maintained or calibrated, the results of your breath test might be called into question.
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Another significant factor is the conduct of the police officers during the stop. The officers must follow specific protocols when conducting a DUI stop. If they fail to read you your Miranda rights, use excessive force, or engage in any form of misconduct, this can be grounds for challenging the stop. Documenting and reporting any such misconduct is crucial for building your case.
In some cases, it might be possible to argue that you were not actually driving or in control of the vehicle. Maryland law requires that a person be in actual physical control of a vehicle to be charged with DUI. If you were not driving or in a position to operate the vehicle, this can be a valid defense.
Steps to Challenge a DUI Stop
To challenge a DUI stop, start by collecting and preserving all available evidence. This includes obtaining a copy of the police report, any dashcam or bodycam footage, and witness statements. This evidence will be crucial in demonstrating any discrepancies or errors in the police account of the stop.
Next, consult with an attorney who has experience with DUI cases in Maryland. An attorney can review the evidence, identify any weaknesses in the prosecution’s case, and develop a strategy for challenging the stop. They can also represent you in court and negotiate with prosecutors on your behalf.
File a motion to suppress evidence if you believe the stop was unlawful. This motion argues that any evidence obtained as a result of the illegal stop should be excluded from your case. If the court grants this motion, the prosecution may have insufficient evidence to proceed with the charges.
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Prepare for your court hearing by working closely with your attorney. This includes reviewing all the evidence, identifying potential witnesses, and developing a strong defense strategy. Your attorney will help you understand the legal process and what to expect during the hearing.
During the hearing, present your case clearly and confidently. This includes questioning the credibility of the police officers, highlighting any procedural errors or misconduct, and presenting any evidence that supports your claim that the stop was invalid. Your attorney will guide you through this process and help you make a compelling argument.
If the court finds in your favor, the charges against you may be reduced or dismissed. However, if the court upholds the validity of the stop, your attorney can still negotiate for a lesser sentence or explore other legal options.
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Fighting for Your Rights
Challenging the validity of a DUI stop in Maryland is a complex process that requires a thorough understanding of the law and careful examination of the evidence. By questioning the reasons for the stop, the credibility of the police officers, and the administration of sobriety tests, you can build a strong case for your defense.
If you are facing DUI charges, it is crucial to act quickly and seek legal assistance. The attorneys at Alpert Schreyer, LLC are dedicated to protecting your rights and helping you navigate the legal system. Contact us today for a consultation and take the first step towards defending your case.