Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Baltimore County DUI’

Teaching CLE

I received a request today from a Baltimore County judge to do a DUI Seminar one morning.  In Baltimore County we have Continuing Legal Education Program each month at 8:00 AM.  The last one I did was on Sentencing.  This one will be on the SFSTs and Sentencing.  I don't have to worry about police and prosecutors coming in for this lecture.   

2nd of 2 Video Victories

The trial was today and I received the video Friday.  I watch the video and the first thing I see is that the officer could have done the SFSTs between his car and the client's car because a second officer had pulled up behind him, allowing for protection from a rear end collision.  The video is now obscured, but not enough for me to see the defects in the testing.  I watch the video and it is clear that my client does them almost perfectly, especially since he gave incorrect instructions on the heel to toe test.  I then rewatch the video comparing it to the police report and the police report is inaccurate.  The client is wearing sandals, not boots, and she did not "take her boots off and walk barefoot."  The sandals were visible when she walked to the police car.  The officer wrote down the instructions he gave for the heel to toe, but he did not verbally give those instructions.  I watched the video multiple times to make sure I did not miss anything he said.  

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1st of 2 Video Victories in the Past Week

MDTA Officer stops my client for a stop sign violation.  The client is asked to exit the car for SFTSs.  The client categorically refuses to do them.  The clients told unless the client does the SFSTs,  the client will be arrested based on the observations that officer states on the video  With no other choice, the client performs them.  The SFSTs are 100% inadmissible and the prosecutor knows it.  The client also refuses the breath test so the client has the interlock for 1 year.  One of the observations is also 100% inconsistent with the abusive use of alcohol.  I am not describing it because I am saving it for the client that came in on Saturday. 

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MVA Refusal Victory

These are now few and far between.  The Officer's Order of Certification read that the stop was for a tag light at 2:00 AM.  No odor of alcohol.  SFSTs not to my satisfaction ( curved area of a rural road on a grassy area).  There were just no reasonable ground.  No action taken.  As much of a lock as it reads, the Hearing took 40 minutes while the ALJ and I discussed the relevant case law.  He wrote a lengthy opinion and no appeal was taken by the MVA.  The jury trial is next up in this no alcohol case.

Declining To Teach Fall Seminar

After a great deal of consideration I am not going to teach the State Bar Association course on how to defend a a DUI.  The reason?  I am not going to lecture prosecutors and police on my strategy to win your case.  It is one thing when I teach strictly defense lawyers, and even some of them don't get it.  But to make the police and prosecutors aware of the things they are missing, I am not going to do it.  You retain me to exploit their weaknesses as they have the burden to prove your guilt beyond a reasonable doubt.  I don't tell them our defense when I walk into the courtroom before trial, so why should I tell them in November so they are prepared starting the day after.  Some State's Attorney's Offices send a few prosecutors who then go back and tell everyone what we say so they can prepare for YOUR defense.  

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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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