Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

No Odor of Breath Again

I won a case a few months ago where the officer did not testify to any odor of an alcoholic beverage on my client's breath.  This was I think the first time that had happened.  I am in front of the same judge a couple weeks ago and the same thing happens.  Now I knew I was going to win the case based on the field sobriety, realized I had no idea the officer would omit this.  The prosecutor realized it and tried to get him to say it by re-asking questions that were already answered so my objections were sustained.  

I wrote on my notes in large letters ODOR and circled it.  When it came time to argue I held it up and reminded the judge this was the second time this happened where we were trying a case.  She remembered the first time and granted the Motion for Judgment of Acquittal.  As I type this, I am back from court where the issue came up in a different context and that is the next blog. 

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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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