Pulled over for speeding and arrested for a Maryland DUI
A DUI speed pace stop is a common occurrence on highways such as Route 140, Route 97 and Route 27 in Carroll County, Maryland.
What is a DUI Speed Pace Stop?
Many driving under the influence arrests begin after a driver is pulled over for speeding. Police officers can determine whether a vehicle is speeding by their own observations, a radar, a LIDAR, or pacing a driver.
A "pace" is where a Maryland police officer maintains a constant distance from your vehicle in order to determine what speed your vehicle is traveling.
How does the State prove a DUI Speed Pace Stop?
Here, is how the Maryland prosecutor proves your car was speeding: Did you perform a pace of the car?
How did you do this? Where did you start? Did you maintain a constant distance between your car and the car in question? Approximately what was the distance? Did you have a clear view of the car? What were the traffic conditions like at that time? How far did you follow the car? Did you look at your speedometer? When? What did it read? What kind of police unit were you driving that day? How long had you been driving it? Do you know if that speedometer has been check or certified? Do you have proof of certification or calibration with you? Did you observe the speedometer while driving in traffic with other vehicles in an area with a posted speed limit? Did you form an opinion as to whether your speedometer was functioning accurately? What was your opinion? The prosecutor needs to prove that the police officer's pace was: (1) done by a vehicle properly tested and checked; (2) operated by a competent police officer; (3) proper procedures were followed; and (4) proper records kept.
How can my DUI Attorney challenge a DUI Speed Pace Stop?
Your Maryland DUI/DWI attorney can challenge the "pace" of your vehicle by showing that the proper foundation has not been laid by the prosecutor. Additionally, your DUI/DWI attorney can challenge the certification or calibration of the police officer's vehicle by showing that it is hearsay, and not admissible.
Contact Carroll County DUI Attorney Ross W. Albers
If you have been arrested for driving under the influence after a DUI speed pace stop, then contact the Law Office of Ross W. Albers to schedule a free DWI consultation. Westminster DUI Lawyer Ross W. Albers is former Baltimore City prosecutor. The Law Office of Ross W. Albers is a 2016 Maryland Super Lawyers Rising Star in Criminal Defense: DUI. Westminster DUI Lawyer Ross W. Albers is a member of the National College for DUI Defense.