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:
Email Us:
Our Phone #
|
Maryland | |
| Rockville | 240-399-0304 |
| Baltimore | 240-399-0304 |
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