ALJ took 3 No Actions because of the same screw up in breath test procedure. One police officer admitted it during the Hearing. Got breath test tossed in the actual criminal case 2 days later without an argument by the State. Update on this issue: Well it is tax day and I was feeling pretty taxed during 2 MVA Hearings. ALJ summonsed the police officer and breath tech to contradict break in 20 minute observation. Both fail to appear so I figure I am home free. Reargue why the 20 minute observation period is important, primarily because of belching and bringing up alcohol from stomach. I show Judge training manual that advises breath tech to expect cross-examination on this issue. ALJ says belching is not an issue only eating. Then asks what is the prejudice of the break in observation period. I argue unreliability, but do not argue belching up alcohol. Judge holds that they could not say she did not ingest anything so unreliable and No Action.
Next Hearing involved insufficient breath and the police officer testified that could not say that my client intentionally thwarted the test. Those of you who believe “cops always lie” don’t deal with very many Baltimore County Police, particularly Officer Strickler. The officer was asked 3 times by the ALJ if he thought my client was trying not to blow and all 3 times the police officer said he could not render that opinion. ALJ had to take No Action. Not based on great lawyering, based on honest police officer. Feels better “winning” that way. The fact is everybody won today.