In addition to challenging the evidence and negotiating with the prosecution, identifying procedural errors can also be a viable strategy for getting a DUI/DWI dismissed in Maryland. Procedural errors refer to any violations or mistakes made by law enforcement or the legal system during the arrest, investigation, or prosecution process.
Constitutional Rights Violations
One of the most significant procedural errors that can lead to the dismissal of a DUI/DWI charge is the violation of an individual’s constitutional rights. This can include:
- Unlawful search and seizure: Law enforcement officers must have probable cause or a valid warrant to conduct searches or seize evidence. If your vehicle or personal belongings were searched without proper justification, any evidence obtained may be deemed inadmissible.
- Improper arrest procedures: Officers must follow proper protocols when conducting an arrest, including reading you your Miranda rights and informing you of the charges against you. Failure to do so may result in a dismissal of the charges.
- Violation of due process: You have a constitutional right to due process, which includes a fair trial and the opportunity to present a defense. If this right is violated, it may lead to the dismissal of the charges.
Evidentiary Issues
Procedural errors can also arise in the handling and presentation of evidence. These may include:
- Chain of custody issues: Law enforcement must maintain a clear chain of custody for any physical evidence, such as blood or breath samples. If there are gaps or irregularities in the chain of custody, the evidence may be deemed inadmissible.
- Improper preservation of evidence: Evidence must be properly stored and preserved to maintain its integrity. If there are concerns about tampering or contamination, the evidence may be excluded.
- Failure to disclose evidence: Prosecutors are required to disclose all relevant evidence to the defense, including any potentially exculpatory evidence. Failure to do so may result in a dismissal of the charges.
Prosecution Missteps
In some cases, procedural errors may stem from mistakes made by the prosecution, such as:
- Violating discovery rules: Prosecutors must comply with rules regarding the timely disclosure of evidence and witness lists to the defense. Failure to do so may result in sanctions or dismissal of the charges.
- Prosecutorial misconduct: Prosecutors are held to high ethical standards and must refrain from engaging in any misconduct, such as withholding evidence, making improper statements, or engaging in discriminatory practices.
- Statute of limitations issues: There are time limits, known as the statute of limitations, within which charges must be filed. If the prosecution fails to file charges within the appropriate timeframe, the case may be dismissed.
Role of an Experienced Attorney
Identifying and successfully arguing procedural errors often requires the expertise of an experienced DUI/DWI attorney. These legal professionals have a thorough understanding of the procedures and protocols that must be followed during the arrest, investigation, and prosecution process.
Your attorney will carefully review the details of your case, looking for any potential missteps or violations that may have occurred. They will then build a compelling argument to have the charges dismissed based on these procedural errors, citing relevant case law and legal precedents.
It’s important to note that not all procedural errors will automatically result in the dismissal of charges. The court will weigh the severity of the error, the potential impact on the defendant’s rights, and other mitigating factors in determining the appropriate remedy.
