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STATE v. WEISBROD

No. 1925, Sept. Term, 2003.

859 A.2d 664 (2004)

159 Md. App. 488

STATE of Maryland v. Timothy WEISBROD.

Court of Special Appeals of Maryland.

October 12, 2004.

Attorney(s) appearing for the Case

Celia Anderson Davis (J. Joseph Curran, Jr., Atty. Gen., on the brief), Baltimore, for Appellant.

Leonard R. Stamm (Andrea Hayduk, Goldstein & Stamm, P.A., on the brief), Baltimore, for Appellee.

Panel: DEBORAH S. EYLER, KRAUSER, CHARLES E. MOYLAN, Jr. (retired, specially assigned), JJ.

CHARLES E. MOYLAN, Jr., Judge (Retired, Specially Assigned).

In dismissing two alcohol-related charges against a defendant, the trial judge vastly expanded the rights, statutory and constitutional, enjoyed by one charged with such offenses. On this appeal, we agree with the State that, at three separate levels of analysis, the dismissal was erroneous.

The Motion to Dismiss

The appellee, Timothy Weisbrod, was charged with five offenses: 1) driving...

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