A judge has denied Karen Huger’s request for the dismissal of her DUI case.
According to a motion obtained by PEOPLE, The Real Housewives of Potomac star, 61, filed paperwork on July 11 to suppress statements and evidence from her DUI arrest after claiming she incriminated herself during a custodial interrogation without being read her Miranda rights.
The motion claims that Huger argued that “the evidence seized in this case was obtained as a result of an illegal search and seizure.”
“The defendant was told she was not free to leave,” Huger’s lawyers wrote. “She was not read her Miranda warnings, indicating that the information she would provide them would be used in the filing of criminal charges against her.”
On July 25, a judge submitted a response denying the request, stating that based on past Supreme Court cases, Huger’s “roadside investigation” did not require her to be read Miranda rights.
“The defendant’s statements were not obtained as a result of a custodial interrogation because some of her statements were made while Emergency Medical Services (EMS) personnel were treating the defendant for potential injuries,” the ruling read. “The defendant’s statements made during this time were free and voluntary, and were stated out loud while in the presence of police officers.”
“Additionally, statements made after the defendant was examined by EMS personnel were not obtained as a result of a custodial interrogation because the defendant’s subsequent statements were made while the defendant was temporarily detained pursuant to a traffic stop,” it added. “The defendant’s statements should not be suppressed and the Defendant’s Motion to Suppress should be denied.”
As background, the court also provided details of what the scene of the crash looked like when officers arrived. The filing alleges officers found two beers in Huger’s Maserati, which was off the road in a grassy area with its airbags deployed.
“Officers additionally observed the driver of the vehicle, the defendant, unsteady on her feet, swaying, stumbling, and slurring her speech,” the documents continued to allege. “Furthermore, the initial caller spoke to officers on scene and indicated that prior to police arrival, the defendant appeared confused and the caller smelled alcohol when interacting with the defendant.”
Huger was allegedly temporarily detained for “less than 10 minutes” before being placed under arrest.
PEOPLE did not immediately hear back from Huger’s lawyer for comment.
InTouch was the first to report the story.
Never miss a story — sign up for PEOPLE’s free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from celebrity news to compelling human interest stories.
Following her arrest in March, Huger spoke out about the incident in a statement to TMZ.
“Thank you all for your prayers and well wishes during this very frightening experience,” she said. “I am still in shock from last night’s incident, but grateful to be alive today. With the passing of my Beloved Mother, Grief comes and goes in waves, and with Mother’s Day approaching it has felt more like a tsunami.”
Huger, whose parents both died in 2017, added, “Last night I met a girlfriend for dinner, we talked and brought up some very emotionally sensitive topics. I was crying on my way home and saw a car heading right for me. I swerved to avoid the head-on collision, hit the divider, and then a tree. I’m hurt, bruised up a bit, but so grateful I am alive! I did receive citations, one of which was unrelated to the incident which is understandable, but what was most surprising is that the car that almost hit me just drove away!”
She encouraged others to “understate your emotional state” before getting behind the wheel before concluding by crediting her mother, whom she called her “Guardian Angel,” and her seatbelt for saving her life.
Read the full article here
