 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Harris v. Maryland12/30/1992
A collision between two automobiles on the Capital Beltway resulted in the death of an occupant of one of the cars. It also resulted in traffic citations being issued to Steven Craig Harris, the driver of the other vehicle and, later, additional criminal charges being lodged against Harris by way of a criminal information filed in the Circuit Court for Prince George's County. Those charges, in turn, have led to these two appeals, which were consolidated for oral argument.
The first appeal (No. 1804, September Term, 1991) was taken by Harris from an order of the Circuit Court for Prince George's County (Missouri, J.) denying his motion to dismiss, on grounds of double jeopardy, charges of driving while intoxicated (DWI) and driving while under the influence of alcohol (DUI). The second appeal (No. 573, September Term, 1992) was taken by the State, pursuant to Md.Code, Cts. & Jud.Proc. Article, § 12-302(c)(1) (1989 Repl. Vol.), from a subsequent order of the same court (Sothoron, J.) dismissing those two charges on the grounds that the circuit court lacked jurisdiction over them.
We shall affirm the order denying Harris's motion to dismiss on double jeopardy grounds, and we shall reverse the judgment dismissing the charges on jurisdictional grounds.
Background: Facts and Proceedings
On 29 November 1990, an automobile driven by Harris crashed into a disabled vehicle that was at a standstill in
one of the traveled lanes of the Capital Beltway. An occupant of the disabled car was killed. Harris sustained injuries and was taken to a hospital. Analysis of a sample of blood drawn from Harris at the hospital indicated a blood alcohol concentration of .12%. The police officer who investigated the accident issued traffic citations charging Harris with driving while intoxicated, driving while under the influence of alcohol, failing to control his speed to avoid a collision, and negligent driving. The latter two citations, in accordance with standard police procedures, informed Harris that he could pay the pre-set fines noted thereon, the effect of which would constitute convictions of those offenses. On 3 December 1990 Harris paid to the District Court the pre-set fines for failure to control speed and negligent driving.
On 28 December 1990, a criminal information was filed in the Circuit Court for Prince George's County, charging Harris with seven offenses: (Count 1) manslaughter by automobile, (Count 2) reckless driving, (Count 3) negligent driving, (Count 4) homicide by vehicle while intoxicated, (Count 5) failure to control speed to avoid a collision, (Count 6) driving while intoxicated (DWI), and (Count 7) driving while under the influence of alcohol (DUI). Thereafter, the State entered a nolle pros in the District Court for the DWI and DUI traffic citations, intending to proceed against Harris solely on the newly filed information in the circuit court.
Appellant moved for a dismissal of the entire information based upon double jeopardy. The State conceded that under Gianing v. State, 320 Md. 337, 577 A.2d 795 (1990),
double jeopardy barred prosecution of the first five counts of the information, and it nolle prossed those counts. The court required the State to answer Harris's demands for particulars and, after considering written memoranda of law and hearing oral argument, the court denied Harris's motion to dismiss as to Counts 6 and 7. Harris appeals that denial of his motion to dismiss the DWI and DUI charges. The circuit court denied Harris's request to stay further proceedings pending his appeal, and we declined to issue a stay.
Undaunted,
Page 1 2 3 4 5 6 7 8 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|