Howard County Judge Dismisses DUI/DWI Charges for Speedy Trial Violation

Howard County Driver Charged with DUI/DWI

A 53-year old disabled man was charged with DUI (driving under the influence of alcohol) and DWI (driving while impaired) in Howard County after a Maryland State Trooper saw his car pass by without a right front tire and riding on its rim. The driver was arrested and charged with his 4th drunk driving offense. The prosecution gave notice that, if the driver were to be convicted, they would seek enhanced penalties as a repeated offender and request 6 months in jail.

Constitutional Right to Speedy Trial applies to DUI/DWI Charges

The United States Constitution and the Maryland Declaration of Rights  both provide every person accused of a crime with the right to a speedy trial. The right to a speedy trial applies to all criminal offenses, including  DUI, DWI, and other drunk driving charges.

Howard County Judge Dismisses DUI/DWI Charges for Violation of Speedy Trial

The accused was represented by Howard County criminal lawyer, Jonathan Scott Smith. The first trial date was postponed because the prosecution failed to provide an audio and video recording that was made by a camera in the police car at the time of the stop. The second trial date was postponed because no court and judge were available to hear the case. Since the beginning of the case, Mr. Smith repeatedly requested a speedy trial in writing and in open court.

The case was postponed repeatedly over Mr. Smith’s objections. The case finally was heard in the District Court for Howard County, located in Ellicott City. Mr. Smith, a top rated lawyer handling DUI/DWI cases, successfully convinced the judge that the client’s constitutional right to a speedy trial was violated because of the inexcusable delays between the date of arrest and the trial date — a period of 9 1/2 months. The judge agreed and all charges were dismissed.

Top Rated Howard County, Columbia, and Ellicott City Criminal Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including cases involving violations of a right to speedy trial. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in DUI/DWI, and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.


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