Sample Case #7

The client was traveling northbound on New Hampshire Avenue in Montgomery County, Maryland. He was observed weaving in and out of his lane, almost hitting a curb. He was pulled over by an officer from the Maryland National Capital Park and Planning Police Department and given field sobriety tests. His performance was poor on the tests he was arrested. At the station he submitted to a breath test with a .12 result.

At trial, the officer conceded that he was not on a roadway that was adjacent to Maryland National Capital Park and Planning property (numerous park areas within Montgomery and Prince George's Counties). However he claimed that his jurisdiction to make the stop came from a concurrent jurisdiction agreement between Montgomery County and the Maryland National Capital Park and Planning Commission authorizing enforcement on "serious traffic offenses." He also claimed that a Montgomery County Police officer had written him a letter giving him county wide jurisdiction in addition to his other authority. Since the officer did not have either of these documents in court, it was not necessary for the court to decide the merits of these arguments and it sustained the objection to the stop of the client.

The client was acquitted of all charges.