Wednesday, February 26, 2014
Maryland Traffic Ticket Lawyers Baltimore Speeding
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.
Thomas v. State
Facts:
Appellant sought
review of his conviction for drug possession from the Circuit Court for Baltimore
(Maryland). Appellant asserted that trial court should have granted his motion
to suppress evidence seized from search of his car when the search constituted
a second stop that required probable cause after initial stop for speeding and
imposing traffic ticket and investigation of driving while intoxicated.
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 Court of Special
Appeals of Maryland has on several occasions issued opinions that condemn
the delay of stopped motorists for the purpose of either searching their
automobiles or gathering evidence during an unjustified delay. The Supreme
Court has recently spoken on the same issue. An unjustified delay,
although subsequent to a proper detention for the violation of traffic
laws, becomes a second stop, and unless based upon some other proper
constitutional ground, will result in the suppression of any evidence
produced during the detention.
- The prosecutor's burden to prove, by a preponderance of the evidence, that consent to search was given freely and voluntarily is already difficult to achieve without requiring the state to prove that the defendant knew about the right to refuse consent. The court finds that placing this additional burden on the state would mean that a defendant could frustrate the introduction of evidence simply by saying that he did not realize that he had the right to refuse permission. In sum, the court states that neither prior cases, nor the traditional definition of voluntariness requires proof of knowledge of a right to refuse as the sine qua non of an effective consent to a search.
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.
Email Us:
Our Phone #
Maryland | |
Rockville | 240-399-0304 |
Baltimore | 240-399-0304 |
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