The client was seen by local doctors the night before the DUI/DWI arrest for pneumonia. The next morning, the client was called to pick up a family member that was about a mile from his home. As he was returning from picking up the family member, the client began to feel light headed and lost consciousness.
The client was unable to control his vehicle and remembers blacking out and waking up after striking a number of cars. The police arrived on the scene and found the client unable to stand and shaky from the accident. The police conducted field sobriety tests and believed that the client was under the influence of either prescribed drugs or controlled dangerous substances (CDS). The client was taken to the precinct and given a breath alcohol test.
The results of that tests resulted in a .00 blood alcohol content. The client was then exposed to a DRE (Drug Recognition Evaluation), which is a battery of test performed by a police officer. That officer is supposed to be able to determine what substances are affecting the individual. It is not a science and many Courts have found that it is unreliable in Court hearings. The client then gave a blood test. The results of the blood test indicated that there was not enough of any substance to show he was affected. The police did not know the results of the blood test at the time of charging and therefore charged him with TA 21-902 (a), (b), (c), and (d).
The Trial:
After a lengthy discussion with the Assistant State's Attorney, they were convinced that a prosecution against my client for any DUI or DWI charges would be unsuccessful. The State agreed to drop all of the DUI and DWI charges.
The client was incredibly satisfied with the work we did for him and the result in the case.
If you have been charged with DUI or DWI, and you were subjected to a DRE test, contact my office at 410-288-2900 to schedule a free consultation.
Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222
410-288-2900
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