If you read my previous post about the lying rookie and his trainer, you understand what the title means. The other day, I return to the same courtroom, but this time the MDTA officer was experienced and the trainer was the breath tech. Another good video that did not jive with the written report. My client looked great. No SFSTs because of physical injuries. No bad driving because he pulled over, as the law requires, and was on his cell phone.
The prosecutor, who is very smart and very good, asked if I was going to school her in DUI as we talked about all the problems in her case. When the MDTA duo arrived she told them she wanted to speak to them after checking everyone in. Meanwhile, she had heard about the last case as had the supervisor who got involved in this case. While they were waiting to speak to her, the arresting officer looked around the room, and asked if I was "Bernstein" or "Mr. Bernstein." I stared at him and nodded yes. He did not seem comfortable. The ASA asks if there is a middle ground and I say Negligent Driving, even though he was stopped on the shoulder. That does not fly and an hour later we discuss Reckless, which is 6 points here, and I am not sure of the points in the State my client is licensed in. He wants the DUI charges gone and expunged. He takes public transportation to work and wants to be able to get into Canada with minimal problems. We did a seminar on difficulties getting into Canada with a DUI, even a PBJ. Too ridiculously complicated to discuss here. I tell him no, but he is the client and he says yes. I tell the judge, the plea is over my vigorous objection, and he laughs and gives him a $100.00 fine. Everyone is happy, except me, because I wanted to try the case. I waited 2 days to see if my feelings changed before I wrote this, and they have not. The officers got let off the hook. The trainer's bad habits will never change, and I now have a breath test report to use when we get to try a case. Pretty soon my truck will have 60 instead of 50 pounds of law, and the additional weight will be MDTA videos and reports.