Sample Case #3

The client passed a Maryland State Trooper northbound on I-270 who was traveling at 65 mph. The speed limit on that part of I-270 is 55 mph. He pulled over the client, who had recently moved here from Belarussia. Field sobriety tests were conducted and the client did not perform to the officer's satisfaction. At the station, the client submitted to a breath test with a result of .10.

The client did not request a hearing within 30 days of arrest to contest the administrative suspension of his driver's license at the MVA as a result of a test result of over .10 and received a 45 day suspension of his license.

Even though it was more than 30 days after arrest, we requested a hearing and alleged that the client had failed to timely request a test in part as a result of the language barrier and in part because the officer did not offer the client an opportunity to request a hearing while he was still at the police station. The hearing request was denied and we appealed to the Circuit Court for Montgomery County, Maryland.

The circuit court reversed the suspension and ordered the MVA to give him a hearing. At the hearing the officer was subpoenaed to attend but failed to. The client testified he did not fully understand the implied consent advisement and a no action was entered.

In court, after numerous pre-trial motions to exclude the breath test were denied, the trooper testified that he based his stop of the client on the speed registered on his speedometer and nothing else. However, he was unable to locate any document to verify that the speedometer had been properly calibrated. He could not prove that the speedometer was reliable and accurate. As a result the court sustained an objection to the speed the trooper was driving, and therefore the State could not prove the speed the driver was traveling. Since the State could not prove the client was speeding, the motion to suppress all evidence as the result of an illegal stop was granted, and the client was acquitted of all charges.