WATCH THE BODY CAMERA FOOTAGE. After paying a $70.00 no points ticket, my DUI, etc… case is being dismissed. Why? Because my client did not do poorly on the SFSTs and the Maryland State Trooper STOPPED him from taking the breath test!!!
My client is under 21 so any alcohol violates his license restriction, HOWEVER he still has to blow a .08 or higher to have his license confiscated and a Temporary issued. The Trooper told him that if he blew a .02, because he was under 21, he would have his license confiscated. He told him for under 21 the level was not .08 but .02. Nonsense!!!
I filed a Motion to have the jury advised that because of this erroneous information my client was entitled to have in evidence a reading of .00-.05 which is a presumption that not DUI or DWI. Hard to convict when the client is presumed sober. So he is signing his Expungement and the incarcerable charges will be removed from the State’s records.