Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Baltimore County DUI’

The Rules Apply To Me?

Some time ago I get a call from a prospective client referred to me by a friend who is a prosecutor.  So I come well recommended and presumably knowledgeable in the DUI field.  The person calling is an educator who has zillions of meetings to attend.  The educator also refused the breath test.  I explained that there are no restricted licenses and it is either the interlock or 4 month suspension.  There is no other driver available during the 4 month suspension period so the interlock is the only option.  The educator just refuses to believe that these are the only 2 alternatives.  I direct the educator to the form that was read and signed at the police station with the same language.  I explain again that I do as many as 20 DUIs a month and teach it, and that the circumstances of the refusal do not create any issues of inducement or misadvise. I suggest that when there are meetings where people go in a group, that the educator's car be unavailable that day. The last question was the most interesting and disappointing.

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2016 The Best Lawyers In America

I have received this honor as well.  I get a lot of membership requests for Best Lawyer type organizations, but I turn them down.  Super Lawyers and this are the two I respect the most and think give my potential clients a basis for trusting me to review their cases.  

2016 Maryland Super Lawyer Criminal Defense: DUI/DWI

Only lawyer in Maryland named for all 10 years.

LISTEN TO THE TESTIMONY

I tried a case a few weeks ago where the issue was going to be the officer inducing my client not to take the test.  He had an accident avoiding a deer and as a result did poorly on the SFSTs.  I had a witness to the inducement.  However, during his direct exam the officer never mentioned the smell of alcohol or anything about alcohol.  The charges were dismissed.  The officer was pissed to say the least, but he never included it in his answers where it would have been appropriate.  You have to listen and not assume everything that is customary will be said by a witness.

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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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

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