Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Category: DUI

It May Be Embarrassing But Tell Me The Truth

Clients sometimes want to create a new reality.  They do this by not telling the lawyer the truth or all the facts.  They hope it gets hidden that way. I tell everyone I need to know exactly what happened..  I am a really good lawyer according to my peers and clients, and I can deal with the worst facts.  I cannot make chicken salad out of everything, but I can keep us from getting splattered with the alternative.  I don't want your family to be embarrassed about what may come out in court.  I can control the narrative much of the time.

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DUI Dismissal

Well for at least the 3rd time I have had a DUI case dismissed with the same officer.  The video did not corroborate his written report.  The prosecutor suggested last week that he put the case on and let me crush the guy so he would learn not to do it this way.  I told him today it was not my job to educate the police.  He said he had already agreed to dismiss the case with the approval of his supervisor. and let me vent for a few minutes before he laughed and told me to relax. 

Harford County DUI Not Guilty

My client in this case just posted a wonderful review on AVVO.  This client was innocent and had a horrible set of circumstantial evidence that could have caused a conviction.  The police treated her horribly based on what they believed the circumstances to be.  They were wrong.  No video again of the SFSTs and interaction with the client because the Senior Deputy had the camera facing the wrong direction.  There was rear seat video that was exculpatory when you saw the client.  I provided the name and location of the witness who saw the client cold stone sober (0 alcohol consumed) 32 minutes before the stop.  It was a sales person who remembered the client and who emailed me her statement.  I turned the email over to the State and the first contact they had with her was on cross-examination.

Because of the career implications for my client, I turned over to the State her written statement, typed immediately after her release from jail, along with the receipts for all the stores where she had been shopping.  I told the State I was providing Open File Discovery.  You have to be real careful and fully confident of what you are doing when you make that decision.  It was the right decision.  The State introduced her entire 3 page statement and the Judge was able to consider it without her testifying.  Although she was prepared and intended to testify, the State's introduction made it unnecessary.  Whatever benefit they thought they got was completely offset by the totality and detail in the statement.

This was a life that would have been totally totally ruined if there was a conviction. Justice was served and the client can move forward.

State Police Played Games and Lost

New client came in on Thanksgiving day after having been charged the night before with a DUI.  She was the designated driver and was out with her sister who was the drinker.  She gets stopped for an illegal U-Turn and is taken to the State Police Barracks that has a camera without audio in the breath test room.  Now the way she looked that evening and her attempts to take the test were important since she could not provide a sufficient sample. She arrives at the barracks within an hour of the stop so her appearance and actions in the room are relevant.  Was she steady on her feet, was she swaying, did she look DRUNK?

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Wonderful Christmas Card

i just got a really nice card from a client who had multiple drug and alcohol issues.  His father passed a way a few years ago and he got lost in grief.  It took 2 cases to get him on track.  Here is what he wrote:

 

"Thank you for giving me a second chance to get my life back together.  A learning lesson indeed.  I got my job back.  My boss told me he believes in second chances."

Your foster son,

 

He was finally ready to get help and he did.  He deserves all the credit.  He knows that I will alwys be there to help.  

 

 

 

 

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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

Office Location