• 23
  • January
    2012

In a very interesting DUI/DWAI story out of Howard County, Maryland -- a suburb of the Baltimore-Washington, D.C. Metro Area -- a judge recently threw out drunk driving charges against a young woman on the grounds that her arrest was made as part of an illegal quota in place by the local police department.

Back in April 2011, 22-year-old Katie Q. was pulled over after being observed going 38 miles-per-hour in a 25 miles-per-hour zone. The Howard County police officer who pulled Katie Q. over soon placed her under arrest for driving under the influence and later measured her blood alcohol content (BAC) to be .17, over twice the legal limit.

The officer had been out as part of a so-called saturation patrol (i.e., increased police patrols in designated areas) made possible by federal funding dedicated to making DUI arrests.

At trial, Katie Q.'s attorney introduced subpoenaed internal police memos that contained exact wording from federal grant documents, which stated that "an average of 2-4 citations must be written per hour on each of these details by each officer or future funding may be withheld."

Ruling from the bench, the presiding judge found that the DUI charges in the present case were clearly part of an illegal quota and were therefore dropped.

Not surprisingly, the ruling left officials with the Howard County Police Department upset, including the Police Chief William J. McMahon.

"I know there was some concern about the wording," he said. "It was a guideline given to the officers. Grants have expectations, and this was a way of explaining that to the officers ... The goal clearly wasn't to set out for X number of citations. It was a well-intended effort to underscore the important to be active on these details."

McMahon -- who also admitted that that memo was "not the best wording" -- indicated that the "bad ruling" will likely be appealed.

Interestingly, the same judge who dismissed the DUI charges is slated to hear two similar cases in the near future.

Whether you have been arrested and charged with DUI first offense or felony DUI, it is imperative to consider speaking with an experienced Colorado attorney. Your rights and your future may be at stake.

This post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Stay tuned for more news from our Denver criminal defense blog ...

Source:

The Baltimore Sun, "Judge throws out DUI case, saying police had quotas" Jan. 5, 2012