The director of the attorney general's civil rights office is trying to keep a sentence that could allow him to avoid a drunken-driving conviction for the second time, a punishment that prosecutors now argue is illegal.
Carl O. Snowden's attorneys wrote in court papers that despite a 2009 change in the law barring more than one probation before judgment every 10 years for drunken driving, other laws prevent Anne Arundel County Circuit Court Judge Ronald A. Silkworth from increasing Snowden's sentence....This is Snowden's second probation before judgment in a drunken-driving case in eight years. A third similar charge...was dropped in 2005.
He also contended that it would be "unfair to prevent Mr. Snowden from receiving probation before judgment when at the time he accepted his first probation before judgment he did so with the understanding that he would be eligible for another one after five years." His third argument is that court rules say that a sentence cannot be increased.