Tuesday, February 25, 2014

Maryland Traffic Ticket Lawyers Baltimore Exceeding Posted Speed Limit

Have you been charged with DUI in the State of Maryland?

Are you concerned about the consequences of being charged with DUI in the state of Maryland?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a crime of DUI in the state of Maryland.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.

Mickey v. State

Facts:

Defendant in Baltimore challenged his traffic ticket conviction for possession of marijuana with intent to distribute, arguing that evidence gathered during an investigatory stop of his car violated U.S. Const. amend. IV. A trooper stopped defendant late at night for speeding by exceeding posted speed limit. After issuing a ticket and returning defendant's license to him, the trooper asked defendant to step out of the car. During the resulting conversation, defendant admitted transporting marijuana. On appeal, the court held that once the legitimate purpose of the traffic stop was complete, asking defendant to leave the car and answer questions constituted a second investigatory stop and was a "seizure" under U.S. Const. amend. IV. The seizure was not consensual because a reasonable person in defendant's shoes would not have felt free to leave. Additionally, the trooper failed to state articulable reasons for suspecting defendant of criminal activity. Under the circumstances, defendant's having bloodshot eyes and nervously glancing at the trooper from inside the car were activities equally consistent with innocence as with guilt. The court reversed and remanded for granting of defendant's motion to suppress evidence.

            If you are facing a traffic case in the State of Maryland, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747.

Holdings:

            The Maryland Court made the following holding:

  • The moment at which a traffic stop concludes is often a difficult legal question, not readily discernible by a layperson. It is not sound to categorically impute to all drivers the constructive knowledge as to the precise moment at which, objectively, an initially lawful traffic stop terminates, i.e., the time at which the driver may depart. The test for the existence of a show of authority is an objective one: not whether the citizen perceived that he was being ordered to restrict his movements but whether the officer's words and actions would have conveyed that to a reasonable person.
If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.

Contact our law firm today to speak with a lawyer today.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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