State of Maryland v. John Steven Fritzinger
May 28, 2026OUTCOME: Dismissal
Case dismissed for lack of body cam footage.
Silver Spring, MD
DUI and DWI Lawyer at Silver Spring, MD
Practice Areas: DUI & DWI, Litigation, Criminal Defense
OUTCOME: Dismissal
Case dismissed for lack of body cam footage.
OUTCOME: Nolle Prosequi - Case dismissed - ALL CHARGES DISMISSED. 21-902(a) and 21-902(b) were both Nolle Prosequi (dismissed), along with other remaining citaitons.
Client was sleeping in the back of his work truck parked on the shoulder of the MD200 Intercounty Connector (ICC). Maryland Transportation Authority police investigated the vehicle and discovered clie ... nt asleep in the backseat. No other people were present. Defendant told the police investigating that his friend drove him there and left him there. Due to his limited English (proficient in Brazillian Portugeuese), he had some communication problems and when the police asked if he had driven there, he misunderstood that to mean if his friend had driven there in their truck as he was awakend while still very intoxicated. To the officers it seemed as though he admitted to driving drunk to get there. When he told defense attorney Moschkin the story, his friend was an undocumented migrant and was a part of a WhatsApp group chat that alerts others in Montgomery County, MD about the presence of ICE officers, having been alerted ICE may be up ahead pulling over vehicles on the ICC with Hispanic drivers, he pulled over and had a friend come pick him up and left Defendant there. Defense Attorney Christopher Moschkin made arguments based on Portillo Funes v. Maryland as to language barriers and DUI/DWI investigations, as well as, for the first time in his career used the iconic case Arizona v. Miranda, to arguem the investigation required mirandizing Defendant to be able to use the fruits of that investigation to convict. After a long conversation with the arresting officer as well as the prosecution, all charges were dismissed Nolle Prosequi in Silver Spring, District Court.
OUTCOME: All charges dismissed. 21-902(a) DISMISSED. 21-902(b) DISMISSED. Reckless Driving DISMISSED. Negligent Driving DISMISSED. Nolle Prosequi. q
This case invovles a totaled Honda Accord. Defendant totaled his car in a single-car accident on an exit ramp comming off of I-270 Southbound. Accident was severe. Defendant was taken to Suburban Hospi ... tal where his blood was tested. Blood test came back positive for ETOH (alcohol). The blood tested was plasma/serum levels. Motion to exclude the state's top expert witness, and the Maryland State Police chief chemist, Dr. Kathleen Mulder, PhD, was never ruled on. Dr. Mulder failed to show up by refusing to answer to the state's subpoena 3X and one subpoena issued by the *defense* attorney Christopher G Moschkin, Esq. Four total subpoenas were completely ignored possibly due to the detailed questions and issues raised in Defense Motion to exclude expert testimony under the Rochkinda/Daubert standard. A motion was also submitted that directly challenged the 1.18 Multiplier formula used to convert plasma/serum blood draw results to standard whole-blood BAC, which is required for a conviction. Due to attorney Moschkin's robost knowledge of bioechmistry and hobbyist (advanced) level of pharmocokinetics, and a deep understanding of the population averages used to determine hematocrit levels whereby indiviudal levels are not tested but instead population averages are used to substitute for that (and three) *other* critical variables, Dr. Mulder knew she could not survive both cross-examination, nor the designation as an expert under the strict Rochkind standard due to her lack of specific research on the subject for which she was called to testify.
OUTCOME: Incarcerable DUI/DWI charges all dismissed.
DUI/DWI charges dismissed. Pled to reckless driving. Kept his job!
OUTCOME: Defense Counsel's motion to dismiss granted on constitutional grounds.
Felon in possession of firearm: 5 years MANDATORY MIN up to 15 years. Loaded handgun on person. 3 years Loaded handgun in car. 3 years Felon in possession of ammunition. 5 years Facing total of 2 ... 8 years in prison.
OUTCOME: DUI/DWI charges totally dismissed. Client was very happy!
DUI/DWI dismissed for negligent driving plea. 3rd DUI facing mandator incarceration.
OUTCOME: All incarcerable charges dismissed. Negligent driving, 1 point.
DUI/DWI for drug intoxication. Police found defendant unconscious as the result of a single car collision with a telephone pole. Pole and car were destroyed. At Circuit Court jury trial, was able to co ... nvince the judge to suppress most of the evidence. Client had 10 years backup time for possible felony violation of probation if we lost this case. State dismissed the charges and allowed to plea to negligent driving.
OUTCOME: All charges dismissed except for reckless driving, no points on license. DUI/DWI dismissed. Unsupervised probation.
Marijuana DUI/DWI with Drug Recognition Expert witness.
OUTCOME: All incarcerable charges dismissed. Reckless driving, no points.
DUI/DWI Marijuana with police witnesses present.
OUTCOME: 1 year *unsupervised* Probation Before Judgement - **Eligible for expungement**
Client was charged with disqualified person in possession of an unregistered firearm after an illegal warrantless search of his home. After filing a motion to suppress the evidence, and knowing that I ... would win the motion and the state would be left with no evidence to convict, the prosecutor offered my client the deal of a lifetime rather than lose the motion hearing and ultimately the trial. Client being risk adverse accepted the plea. The plea was for two years unsupervised probation before judgement. If the client stays out of trouble in Maryland for 1 year, he can have his record expunged (removed from his record). That's what we in the legal industry refer to as a "win-win".