The State of Maryland v. Alexan*** K****ing
Jan 06, 2026OUTCOME: 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.