RHOP’s Karen Huger’s Request to Dismiss DUI Case Denied Due to 'Illegal Search' While Detained

A judge denied Karen Huger’s request to have her drug-related case dismissed.

According to a proposal obtained by PEOPLE, The 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 custodial interrogation without being read her Miranda rights.

The motion alleges that Huger claimed that “the evidence seized in this case was obtained as a result of an illegal search and seizure.”

“The defendant was told she could not leave,” Huger’s lawyers wrote. “She was not read her Miranda warnings, which indicated that the information she gave them would be used in criminal charges against her.”

The Real Housewives of Potomac Star Karen Huger charged with DUI after crash

On July 25, the judge filed a response denying the request, stating that based on past Supreme Court cases, Huger’s “roadside search” did not require her to be read her Miranda rights.

“The defendant’s statements were not obtained as a result of custodial interrogation because some of her statements were made while emergency medical services (EMS) personnel were treating the defendant for possible injuries,” the ruling states. “The defendant’s statements made at that time were free and voluntary, and they were spoken aloud in the presence of police officers.”

Karen Huger.

Getty

“Furthermore, statements made after the defendant was examined by emergency medical personnel were not obtained as a result of in-custody questioning 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.”

Karen Huger Slams RHOP Costars for their ‘painful’ statements about her DUI: ‘Do you wish me harm?’

As background, the court also provided details of what the scene of the accident looked like when the officers arrived. The filing said officers found two beers in Huger’s Maserati, which was off the road in a grassy area with the airbags deployed.

“The police officers additionally observed the driver of the vehicle, the defendant, unsteady on her feet, swaying, staggering and slurring her words,” the documents state. “Furthermore, the initial caller spoke with officers at the scene and indicated that prior to police arrival, the defendant appeared confused and the caller smelled alcohol while speaking with the defendant.”

Huger was reportedly temporarily detained for “less than 10 minutes” before being taken into custody.

PEOPLE did not immediately return Huger’s attorney for comment.

InTouch was the first to report the story.

Karen Huger.

Charles Sykes/Bravo via Getty

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After her arrest in March, Huger spoke about the incident in a statement to TMZ.

“Thank you all for your prayers and well wishes during this very scary experience,” she said. “I’m still in shock from last night’s incident, but I’m grateful to be alive today. With the passing of my beloved mother, grief comes and goes in waves, and as Mother’s Day approaches, it’s more and more like a tsunami.”

Huger, whose parents both died in 2017, added: “I met a girl for dinner last night and we talked and we brought up some very emotional topics. I was crying on the way home and I saw a car coming straight at me. I swerved to avoid a head-on collision, hit a divider and then a tree. I’m hurt, a little bruised, but I’m so thankful that I got the tickets, one of which was unrelated to the incident, which is understandable, but what surprised me the most is that the car that almost hit me just drove away!”

She urged others to “underestimate their emotional state” before getting behind the wheel before concluding by crediting her mother, whom she called her “guardian angel”, and her seat belt for saving her life.

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Source: HIS Education