Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Baltimore County DUI’

Triple Teamed in Anne Arundel County and Still a NG

Well, I wound up with three prosecutors today.  The 2 new and the Division Chief.  It was fair because the new prosecutors were not familiar with all the legal issues that could be raised to support their side.  This was a non-video stop with a trooper who tried to volunteer every opinion he could muster.  I had a recently appointed judge who had been a prosecutor and criminal defense attorney and knew the law.  In fact, she left the bench after argument to read some cases.  As another attorney remarked to me, "she is a breath of fresh air," although this county's District Court judges are a great group to try cases with.  The Division Chief did not jump in until  the end of the probable cause testimony.

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Chico Marx: “Are You Going To Believe Me, Or Believe Your Own Eyes?”

It is not often you get to quote the Marx Brothers in a courtroom.  A few weeks ago, I had used Joe Pesci's "Grits" remarks from "My Cousin Vinnie" when comparing how long it took two breath technicians to perform the same actions.  It was pretty funny except for the second "grits" cook.  But back to the case at hand.  Another video that will show my client staggered to the rear of the car and swayed, etc…  Well not according to what I see on the video.  The explanation from the MDTA officer is you cannot see the slight body movement from the camera angle.  We watch it multiple times, but we just cannot see it!  He also fails to give the correct instructions on the walk and turn, which we can hear.

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No Action In A Refusal

Generally you are not having an Administrative Hearing in a refusal case.  Your client either takes the 120 day suspension or puts the interlock on for a year.  A client tells me that after he is advised by the officer who reads him the DR-15 he asks to speak to a lawyer.  Now you are no longer entitled to speak to a lawyer in the Administrative context.  As soon as he makes the request, the officer tells him to take his shoes off and escorts him to a cell.  I tell him I think he was so drunk he got it wrong. The officer must have said no lawyer and then you refused.  He say he is sure what happened.  We have the Hearing yesterday and I have summonsed the officer.  The officer has no specific recollection, but says that "if someone asks for a lawyer that is a refusal."  Hearing Officer looks at me with a smile and I have no further questions.  I waited for the client to get his new license and drove him to the interlock location where they were waiting to do the install if we lost.  Officer was completely honest.  It is a nice day when you win one at OAH.   

Another MDTA Caught on Video

Deja Vu  all over again!  Same Courthouse, different prosecutor, different cop.  Same bullshit.  Another video that does not show all the bad driving described.  This MDTA officer tried to explain it by saying he waited until after all the bad stuff happened before putting on the video camera, a 30 second delay or 5 City blocks (1/2 mile). Lots of bad stuff in that 1/2 mile!!!!, but no more bad stuff for the next 3-5 miles.  When I pointed that out, the State rehabilitated this bullshit by having him testify that it took the camera another 30 seconds to warm up and turn on, and he was still making observations.

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2015 Super Lawyers Designation

It is nice that it is now 9 years.  I was the first designee in 2007.  Still means nothing unless you do the work for the client.   

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