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.

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