Posted On: May 13, 2009 by Ronald V. Miller, Jr.

DWI Technicalities in Baltimore County

The Maryland Daily Record has a story today on how the Maryland State Police electronic traffic ticket system led to a not-guilty verdict in a drunken-driving case this week in Baltimore County.

Defendant's lawyer successfully argued before Baltimore County District Court Judge Philip N. Tirabassi that his client’s citation impermissibly listed multiple offenses per count. The Daily Record quotes another lawyer who handles DUI cases, Bruce Robinson, as saying that he uses with paper citations where an officer does not clearly circle the individual charges in a case.

I voted for Obama. I voted for O'Malley. I'm against the death penalty. I'm believe criminal lawyers should do what they ethically can to get their client acquitted and I don't fault the lawyer for doing what he did. There is more but have I already established my liberal bona fides with you? Good. Let's go on.

Why on earth does this kind of hypertechnical garbage matter? Does anyone think the defendant - who was named by name in the Daily Record - did not understand the charges against him? If not, let me help. You are accused of drinking and driving on I-95. This is against the law and risk the health of innocent children and adults.

Is there no justice in this world? Wait, maybe there is. Baltimore County State’s Attorney Scott D. Shellenberger said prosecutors will ask the trooper who stopped the defendant to redo the citation to recharge him. Will this work? If so, what was the point of all of this other than to agitate Baltimore County prosecutors who will probably be less forgiving next time around and getting your name in the paper as someone accused of a DWI? I don't know the answers. I'm not a criminal lawyer. Which reminds me: I'm glad I'm not a criminal lawyer.