DUI Dropped over Electronic Ticket
A Maryland judge dismissed a DUI offense this week over the electronic citation issued by the State Police.
It is believed to be the first ruling of its kind in the state, which starting using the e-citations in March, 2008.
Raphael J. Santini, the DUI lawyer in the case, argued Monday that the citation violated his client’s constitutional rights by listing multiple charges per offense.
Santini said he believes the argument could apply to other DUI cases, according to an article by the Maryland Daily Record.
“We have a constitutional right to be notified what the charges are against us,” he said.
Santini’s client was charged in February with speeding and three DUI-related charges:
- “(driving/attempting to drive) vehicle while under the influence of alcohol”;
- “(driving/attempting to drive) vehicle while impaired by alcohol per se”; and
- “(driving/attempting to drive) vehicle while impaired by alcohol.”
Because each charge included the offense of both driving and attempting to drive, Santini successfully argued that the charges against him were duplicitous.
Maryland State Police say that they will redo the citation and re-file the charges against Santini’s client.
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