How can I ask for a dismissal of charges prior to trial?

My issues are that the reason for a”stop” was insufficient legally. As well as the fact that the officer articulated no reason to require me to submit to any field tests or breathalyzer tests. No odor of alcohol, nothing about my appearance, behavior, speech or demeanor indicated that I was under the influence of anything, thus o refused to submit to tests and was arrested and charged with DUI, DWI and attempted DUI while sitting parked in a parking lot, having not been driving, I violated no traffic laws, and displayed no “suspicions of criminal activity”.

Asked on January 7, 2013 under Criminal Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written concerning the facts of the stop and your eventual arrest concerning the DUI matter which is the topic of your question, a motion to "supress" the evidence by way of a law and motion matter would seem to be the course of action for you.

I suggest that if you do not have a criminal defense attorney representing you in your matter that you consult with one about your case and the suggested suppression motion.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.