Legal Question in DUI Law in Maryland

I got off work from t mobile, and before heading to my office, where i fix computers, I stopped by the 7-11, directly across the street from it -- walking distance away. I parked my car upfront of the store and accidentally fell asleep. Someone noticed me asleep inside my vehicle and was concerned. I wake up to someone knocking on my window, a cop and see an ambulance nearby. Somewhat confused to this, I get out and see whats going on? He said he was about to break my window open, assuming I was in a medical emergency, but my door was unlocked. I assured him, I was fine, just a little tired. He asked if I was OK, and made sure I knew where I was at location-wise. I certainly was. He asked if I didn't mind if the paramedics looked at me, I complied. Why not? They pricked my finger to see if my blood sugar was alright and the cop shined a light in my eyes and the EMS confirmed I was OK. The officer then walked me to my car and said he recommended I leave my car here and just walk back to my office. I asked if I could get the food I came to 7-11 for... he said sure. I got my hot dog, and entered my car. I waited for about 20 minutes still stunned over the situation and waste of city resources. I then, feeling fine and wide awake now, decided to drive across the street to my office. As I exited i saw the cop parked alongside the store still. So I knew he was watching me. So I made sure to be extra careful during the 0.1 mile trip across the street. I drive perfectly fine and soon as I'm at my office parking lot, flashing lights come on. He asked why didn't I just listen to him and "not drive", I told him, I was fine. He now asked me to perform a sobriety test but arrested me before even completing the series of tests. I was in disbelief. Now his report conflicts with mine not totally but in some key ways... bottom line is, is there a chance this can get dropped? Did I not have the right to drive my car across the street? Which I did so without incident? This is my second DUI, first one was in 2013. Lastly, I was not drinking that night. I did try to perform a breathalyzer at the station but apparently they said I wasn't cooperating, and finally took me to jail. Ive had cases dropped before, and wondering if this is plausible for dismissal? Public defender isn't too reachable or seems keen on assisting me, she hadn't even read my report until 1st court appearance. Case extended until 5/30/16. What should I do in the meantime? I haven't driven since this occurred in October 2015! Thanks

Asked on 4/02/16, 2:47 pm

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

An experienced criminal defense attorney can help you evaluate defenses and mitigation. Make an appointment to meet with your assigned public defender before your trial date. Sometimes public defenders' heavy case loads interfere with their ability to spend much time on each case. If you can afford to retain private counsel, then perhaps you should do so.

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Answered on 4/05/16, 1:26 pm

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