Don’t Add to the Quota – An Interesting DUI Defense

I recently heard of a DUI defense that had some success in a local Maryland Court. A judge in Howard county found that there was an illegal police quota during the trial for a DUI against the local defendant. Due to this discovery, the Judge dismissed DUI charges against the defendant.

The arrest occurred during what was found to be a period of increased enforcement, the funds of which came apparently came from federal grant money. This grant provided the necessary funding for overtime pay due to officers who were on heavy patrols on the look out for those driving aggressively or under the influence.

The evidence included a memo that was given to those officers patrolling, which appeared to set a quota per hour for each officer patrolling. They were to aim for 2 to 4 citations. As you would expect, such quotas are illegal in Maryland. Police officials explained the “quota” as only being the federal grant’s requirements and have been misinterpreted as a quota because of poor or confusing wording.

While this decision will not have authority on other cases, it may possibly lead to other criminal defense attorneys in Maryland investigating in search of similar circumstances and possibly challenging the DUI charges this way. The ruling may have opened the door for another possible defense strategy for attorneys involving illegal law enforcement quotas. Others have found that more areas in Maryland fund drunk-driving patrols with federal grant money, which may lead to more lawyers reexamining cases even outside of Howard County.

Needless to say, this kind of news has created an increased level of interest throughout the legal community. I would not be surprised to see more instances of this type of defense as word spread and more lawyers become aware.

Our Maryland DUI Defense Attorney, Fredric G. Antenberg, defends DUI charges throuhgout Howard County and Maryland. He will surely add this to his list of Strategies to consider for DUI/DWI charges in the future. If you have been charged with a DUI/DWI or any other citation, CONTACT Fred in Columbia, MD at 410-730-4404 for you FREE CONSULTATION.