RHOP’s Karen Huger Asks Court to Dismiss DUI Case Due to 'Illegal Search' While Detained

This story has been updated since it originally published on Oct. 17.

Karen Huger has asked a judge to dismiss her DUI case, but prosecutors are opposing the motion, which has yet to be ruled on by the judge.

According to a motion obtained by PEOPLE, The Real Housewives of Potomac star, 61, filed a motion on July 11 to suppress statements and evidence from her DUI arrest, arguing that she incriminated herself during a custodial interrogation without having been read her Miranda rights.

Huger alleged 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,” according to the motion. “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, the Maryland State’s Attorney submitted a response opposing 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 government's filing 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."

In its opposition, the government provided a description of the scene of the crash 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 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.”

Prosecutors say Huger was temporarily detained for “less than 10 minutes” before being placed under arrest.

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 “understand 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.