Judgment of Acquittal when field sobriety tests aren’t understood

Criminal defense attorney obtained a complete judgment of acquittal for his client who was charged with driving under the influence of alcohol in Maryland. The Montgomery County judge sided with attorney David Krum who argued that the standardized field sobriety tests are designed as a diverted attention test and the Defendant must be able to fully understand the specific instructions of the stopping officer. The officer, on cross examination, admitted that he did not remember the facts of the stop very well and that he was not sure if JM’s client requested the assistance of an interpreter. The client was also charged with speeding; however, that testimony was excluded because the officer did not have the proper certifications with him in court. In the very same Montgomery County case, Defense lawyer was also able to avoid a mandatory 120 day suspension of the client’s license by the Motor Vehicle Administration because the judge sided again with the arguments of the defense that the officer had not followed the proper procedure.