Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Date Rape DUI

Yesterday in Towson District Court in Baltimore County a client was acquitted of DUI where she was slipped Rohypnol or another date rape drug at a business meeting.  She had a complete blackout and had no recollection of driving, SFSTS, refusing the breath test, or events after she was released by the police.  The arresting officer was a former EMT and thought she was just like other DUI defendants he has arrested.  I had her friend that picked her up from jail and her grandson testify about her condition for the almost day and a half post arrest.  She was taken to Patient First the morning of her release but they did not do a Tox Screen.  A day later Qwest Labs found nothing.  I won the Administrative Refusal Hearing because I proved she was unable to agree to submit to the breath test.  The trial judge acquitted on the DUI.  On July 17, 2009 at the HuffingtonPost.com there was an article by a woman similarly drugged.  This is not an easy defense because the chances of getting a timely blood test is remote.  You need witnesses who have seen your client drunk and can distinguish their “drunken behavior” and the “Stupor” Patient First diagnosed.  It was easy to defend since I didn’t care about how she performed on the SFSTS or how she was asked to perfrom them.  I almost stipulated to the State’s case. It was a fair verdict at both hearings and fortunately the predator was not successful.  Must have been too many people around.

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Contact Information

  • Gary S. Bernstein, P.A.
  • 29 W. Susquehanna Avenue, Suite 700
  • Towson, Maryland 21204
  • Toll Free: 866-435-2795
  • Locally: 410-415-9219
  • Fax: 410-823-0610

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