What is the name of your state (only U.S. law)? Maryland
My boyfriend received a DUI a week ago and I am trying to do as much research as possible to help him prepare for what is to come. (Note: this is his first DUI and his first criminal charge. He has gotten a couple tickets for speeding in the past, but that is all. Otherwise, his record is completely clean). He lives in New Jersey, but spent last week with his band mates in Montgomery County, Maryland, recording several songs with a producer there for an upcoming album.
After attending a concert in Baltimore where he consumed a single drink, he was pulled over in Bethesda (back in Montgomery County, as opposed to Baltimore) for making an illegal right turn at a red light- he claims he did not see the sign. The officer's notes on my boyfriend's ticket(s) note that his eyes were bloodshot and his breath smelled like alcohol; consequently, he was subjected to four different sobriety field tests. He passed all but the last, which was to stand on one leg for thirty [one thousand-count] seconds. My boyfriend claims that he stumbled around 24 seconds not because of intoxication but rather as a result of fatigue. I am not putting too much significance on this statement (regardless of its validity) because from a legal perspective, the point is that he failed that test, regardless of the reason. He was also given a breathalyzer test, where he blew a .12 BAC.
He was then arrested (but placed in the front seat of the police car, which I find strange) and taken to the Bethesda police station. His license was not seized; he was not fingerprinted, photographed, documented, or tested in any other way. He simply filled out some paperwork (I unfortunately do not know the specifics of which documents) and was then released and driven home by a band mate. He was issued an Officer’s Certification and Order of Suspension (Temporary License)- however, it was not authorized by the officer.
He mailed his Hearing Request Form several days after the arrest, well within the State's 10 day period, so the [supposedly] mandatory license suspension that results from not returning this form on time will not be an issue. However, I do not know what to expect next. I don't know what significance, if any, we can deduct from his Temporary License not being authorized. Similarly, I don't know what effect his out of state residency will have on the case. It seems as though the police involved took the incident very lightly, but of course DUIs are never trivial matters. He can't afford a criminal defense lawyer (quintessential starving musician!), so I'm encouraging him to look into public defenders.
I would greatly appreciate any thoughts or expectations for the case/situation, as well as advice on where to go from here. I wish I could be more actively involved in the case but I currently attend Colgate University in upstate New York, so I have a whole lot on my own plate at the moment.
Thank you in advance!What is the name of your state (only U.S. law)?
My boyfriend received a DUI a week ago and I am trying to do as much research as possible to help him prepare for what is to come. (Note: this is his first DUI and his first criminal charge. He has gotten a couple tickets for speeding in the past, but that is all. Otherwise, his record is completely clean). He lives in New Jersey, but spent last week with his band mates in Montgomery County, Maryland, recording several songs with a producer there for an upcoming album.
After attending a concert in Baltimore where he consumed a single drink, he was pulled over in Bethesda (back in Montgomery County, as opposed to Baltimore) for making an illegal right turn at a red light- he claims he did not see the sign. The officer's notes on my boyfriend's ticket(s) note that his eyes were bloodshot and his breath smelled like alcohol; consequently, he was subjected to four different sobriety field tests. He passed all but the last, which was to stand on one leg for thirty [one thousand-count] seconds. My boyfriend claims that he stumbled around 24 seconds not because of intoxication but rather as a result of fatigue. I am not putting too much significance on this statement (regardless of its validity) because from a legal perspective, the point is that he failed that test, regardless of the reason. He was also given a breathalyzer test, where he blew a .12 BAC.
He was then arrested (but placed in the front seat of the police car, which I find strange) and taken to the Bethesda police station. His license was not seized; he was not fingerprinted, photographed, documented, or tested in any other way. He simply filled out some paperwork (I unfortunately do not know the specifics of which documents) and was then released and driven home by a band mate. He was issued an Officer’s Certification and Order of Suspension (Temporary License)- however, it was not authorized by the officer.
He mailed his Hearing Request Form several days after the arrest, well within the State's 10 day period, so the [supposedly] mandatory license suspension that results from not returning this form on time will not be an issue. However, I do not know what to expect next. I don't know what significance, if any, we can deduct from his Temporary License not being authorized. Similarly, I don't know what effect his out of state residency will have on the case. It seems as though the police involved took the incident very lightly, but of course DUIs are never trivial matters. He can't afford a criminal defense lawyer (quintessential starving musician!), so I'm encouraging him to look into public defenders.
I would greatly appreciate any thoughts or expectations for the case/situation, as well as advice on where to go from here. I wish I could be more actively involved in the case but I currently attend Colgate University in upstate New York, so I have a whole lot on my own plate at the moment.
Thank you in advance!What is the name of your state (only U.S. law)?
