How can I ask for a dismissal of charges prior to trial?
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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 11 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.
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