DUI Anne Arundel Maryland Lawyer Impaired Alcohol Suspended Probation
Mithchell v. State
Defendant contended that the motions court erred in denying his motion to dismiss on double jeopardy grounds, because the sanction imposed in another case, a weekend in jail, was a punishment for his act of drinking and driving in this case. The State responded that the sanction imposed by the DUI court was solely for defendant’s failure to abide by the terms of the DUI Treatment plan. Following the denial of defendant’s motion to dismiss, defendant was found guilty of driving while impaired by alcohol. The Circuit Court for Anne Arundel County (Maryland) sentenced defendant to one year and 60 days, which was suspended in favor of probation, with conditions. Defendant appealed.
- Whether the defendant DUI conviction amounts to double Jeopardy?
This Court concluded that defendant was not placed in initial jeopardy for the charges in this case when he first appeared before the DUI court, because neither the prosecutor nor defense counsel were present, no evidence in the traditional sense was received by the court, and defendant was never sworn or subject to cross-examination. Defendant signed an agreement pursuant to which he agreed that one consequence for failure to comply with the DUI treatment requirements could be incarceration. When the DUI court imposed such a sanction, the court was acting under the agreement and Defendant was not punished by the DUI court. Since defendant’s double jeopardy claim was rejected, the appellate court declined to consider whether he waived his right to be free from double jeopardy
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These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
A trial court erred in dismissing the State’s charges of assault and illegal use of a handgun against a defendant after a mistrial as a sanction for the State violating the court’s scheduling order by not refiling the charges timely under Md. Code Ann., Crim. Proc. § 6-103(a) and Md. R. 4-271.
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