Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Baltimore County DUI’

Federal DUI- Not Guilty

Had a good time in Federal Magistrate’s Court. The new JAG Officer told me he wanted to learn from me so he wanted to try the case.  Fine with me.  He had his questions  scripted as a new lawyer does, but that causes any lawyer a problem when the witness does not answer the question that was posed.  The police officer in this case had his own script about how he wanted to present his testimony.  The 2 scripts collided at some points and some of the scripted answers were inadmissible.  The officer seemed aggravated at our having a trial and seemed like he did not know it was his lawyer who did not suggest discussing a plea.  He was more aggravated when he could not say exactly what he wanted to say.  

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Treatment Nightmare

No sooner had I posted the previous post when I get a call from a 24 year old who was just charged with a 3rd DUI.  The caller is on probation for the 2nd.  I asked  about the treatment for the second DUI and the caller did a weekend at a program. The caller then chose  the 26 week Aftercare instead of the 48 week Aftercare.  I had a problem with this same program allowing the clients to chose how little treatment they wanted to do, and it was understood that my clients did the 48 week Aftercare that judges expected.  

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Treatment Programs

Maryland law requires that the client receive treatment in a “certified” program.  Some programs offer more than what they are certified to do.  Some do not have the proper counselors teaching the “certified” program so that the treatment does not meet the “certification” standard.  The State Department of Health and Mental Hygiene is in the process of trying to educate the judiciary, so that the programs they or the defense lawyers refer clients  to are appropriate.

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“You hired a really good lawyer”

I had a trooper today who now operates a non-video car.  My last case was when he had a video and the charges were dismissed after reviewing the video.  When the prosecutor told him I wanted a trial he was visibly displeased.  Unlike his previous aggressive roadside behavior, he was quiet and calm on the witness stand.  My client did very well on the SFSTs.  The trooper gave the wrong instructions, meaning my client did even better than expected. Verdict was not guilty on all except speeding.  While my client was in the hallway after the trial, the trooper came up to him and said “you hired a real good lawyer.”  I appreciate the compliment, but my clients expect me to be a really good lawyer.  

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Update to What Did I Do With My Magic Wand?

The lawyer he hired lost his magic wand as well.  Just checked and saw the guy got 30 days.

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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
  • Fax: 410-823-0610

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