Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Baltimore County DUI’

Harford County DUI Dismissal

Friday afternoon I finally said to the prosecutor, as we discussed for the second straight day the DUI case against my client, that we had talked about this case longer than the jury will be out before finding my client not guilty.  He laughed and agreed so this morning the DUI was dismissed.  Why did a case that originated in August take until April to get resolved with a dismissal?  It is because of the process and policy.  My client was asleep on a parking lot when the police woke him up.  There was a six pack of beer in the vehicle.  There was an empty bottle outside the driver's door and an empty in the six pack.  There were 4 unopened beers.  My client refused the breath test because his union newspaper (which I had) advised against taking a test.  I had evidence that I shared with the State to show that he drank at the parking lot ONLY, and was not drinking before he got there.

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DUI and Criminal Defense Practice in 2017

As technology use becomes prevalent in law enforcement, we are seeing more and more video interaction between police and clients.  The more recent Blogs cover some of these cases.  Body Cam footage has been extremely valuable in the defense of cases.  Car video has always been helpful.  It is simply amazing how unprepared police witnesses are in the courtroom when there is a video.  Often the prosecution does not have time to review the videos in many of the cases. Of course, if you are inexperienced or not very interested in the nuances of Field Sobriety Testing or Search and Seizure, these videos serve no purpose and the client is short changed.  Words matter, and what the police say during an encounter is critical to the defense of any case.  There are no shortcuts to defending people accused of an offense.  You cannot hide a conviction or a Probation Before Judgment from employers.  I get calls every week from people who cannot get a job because of a conviction and/or a probation and want to know if I can undo what their original lawyer did.  The answer is usually "no" because there is not sufficient evidence that the original trial counsel meets  

the test for providing inefficient assistance of counsel.  You have one chance to get it right. I do not win every case or try every case, but I prepare to do so, and make sure the client gets every protection allowed by our Constitution and laws.  In the coming months lawyers in MD will be able to brand themselves as "Specialists" without a standardized criteria.  I expect that a lawyer who has represented 1 client in a DUI and done nothing else may think himself a specialist because he has only practiced that kind of law- 1 case.  Your case that brought you to this site is the biggest thing in the world for you at this time.  It is why you are on the internet researching lawyers and calling every name you find.  You will get letters from dozens of lawyers who solicit business by buying the list of people charged with any type of criminal offense- DUI is a criminal offense.  You have to select someone who is going to care about your case and your future.  I have a reputation for straight talk and being aggressive in preparing you for the case.  I insist on treatment as every judge in Maryland EXPECTS the client to be evaluated and in treatment.

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Health-care bill would drop addiction treatment mandate covering 1.3 million Americans

This issue has nothing to do with whether you voted for President Trump or Ms. Clinton.  Obama care may be a disaster, my premiums skyrocketed like yours.  There were 4 needed features- coverage of pre-existing illnesses, children remaining on a parent's policy until age 26, mental health coverage, and drug abuse coverage.  Over the years it has been incredibly difficult to get mental health and drug abuse treatment for clients even when insured.  Health care policies limited coverage and paid a low percentage.  Only the wealthy could afford residential treatment for their child.  That changed under our present health care system.

The title above is a newspaper headline of an article that explains how poor people on Medicaid will lose their mental health and drug coverage.  It will no longer be mandated.  I am not debating the merits of the Republican proposal versus the mess we now have, but the loss of this coverage is going to decimate a population that is growing everyday. West Virginia counties sued opioid distributors today "for shipping inordinate quantities of opioids into the state in violation of a West Virginia law."  They have filed suit against drug distributors as well as Walgreens and CVS.  The merits of the law suit are not the purpose of this Blog either.  We unfortunately have a massive substance abuse and mental health crisis in this country and it is not subsiding.  People need help. This is a sad situation and I thought I would put it out there for people to think about.  These are not people born to do evil or born to hurt others.  Mental health issues represent genetics as does substance abuse for many who find themselves in that abyss.  Whatever the reason they need the help President Trump promised to continue for these problems, and hopefully the next headline will read "does not" instead of "would."

Harford County DUI Dismissal

The importance of police KGA Broadcasts can never be underestimated.  My client tells me about his stop and subsequent arrest and I expect I will see the same information in the police report.  I have had cases with this officer before and know what he does EVERY TIME- offers a PBT.  The key to the case is the result of the PBT that he always offers and that my client took. Well guess what?  There is no PBT listed in the police report.  My client who was not either under the influence or impaired goes nuts.  He says the only reason he was arrested was because he never took the alcohol restriction off his driver's license (it could have been removed 2 years ago).  The officer told him without the alcohol restriction he would have let him go.  My client is so upset and when he sees he is also being charged with a DUI he refuses the breath test at the station.

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Court Ordered Interlock Issues Update

I had a Violation of Probation Hearing yesterday in Circuit Court for alleged interlock "failures."  There were none.  The client's first blow was unsuccessful but the subsequent blow was a pass.  I explained to the judge my conversations with the two District Court judges about using the MVA standard for probation.  I explained that unless you limit Violation of Probation reporting to MVA failures, you will be issuing summonses or warrants for people who are actually in full compliance.  

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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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