Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Baltimore County DUI’

Part 3- I Can Beat You With 25% of One Eye Closed

Last Tuesday I had a case I was really looking forward to on the Eastern Shore.  I had another relatively new officer, this one a Maryland State Trooper, and a video.  Interesting that they have videos in the cars everywhere but the Baltimore metropolitan area.  My eye was still repairing itself and it was a beautiful to cross the Bay Bridge.  Now this case had some history.  It was postponed the first time because I did not "check in" and therefore the State did not know to tell the police to come to court.  The prosecutor was incredibly pissed at me and when he went to look for the officer he told me I could have my trial the NEXT TIME I came over there.  When they went to look for the police, they found out that one was on his honeymoon.  I argued that if he eloped the night before he had a good reason for not notifying the court, but otherwise the postponement should be denied.  The postponement was granted.  

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PART 2- I Can Beat You With One Eye Closed

When I was postponing my Wednesday, Thursday, and Friday cases last week, I emailed the Baltimore County State's Attorney's District Court supervisors to let them know that I was requesting postponements.  I ended with:

"I expect to be back BETTER THAN EVER in Towson District Court on Tuesday morning!"

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PART 1- I Can Beat You With One Eye Closed

Two weeks ago today my right eye gets bleary.  I figure it is a cataract and I don't think they are a big deal.  I go to my internist for a flu shot and that is what he sees.  Meanwhile I squeezed in an appointment with my opthomologist for last Monday.  I see him at 9:00 AM and immediate him what is going on as we walk down the hall and he says you do not have cataracts that are causing this problem.  He dilates my eye so that it is the size of a beach ball and tells me I have a detached retina.  He brings in another guy to confirm it.  He calls Wilmer Eye Institute at Hopkins and tells me I have an immediate appointment to see a surgeon.  I tell him that I have a case I HAVE TO TRY on Wednesday MORNING, and he tells me I am not trying anything for a while.

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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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  • Gary S. Bernstein, P.A.
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  • Towson, Maryland 21204
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