Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Baltimore County DUI’

Baltimore County Body Cam Not Guilty

I just returned from court after a Not Guilty verdict in a DUI.  There were 14 Body Cams but only one that was diapositive.  That Body Cam showed my client at his car and the subsequent field sobriety testing.  The officer's report was 100% accurate, but there is a difference in how you visualize the written word as compared to what you actually see.  Small "failures" are not really failures.  

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Harford County- 3rd Recent DUI Dismissal and $185.00 Court Costs Instead of 9 Months

In the past few months I have had 3 DUI cases dropped by the State.  All were flawed as a result of the poor policing in the cases.  The most recent had a video showing the officer did not do what was in the police report.  Prior to his having a video camera, I had used his KGA Broadcast to get another of his DUI arrests dismissed.  The one two weeks ago had no basis for the stop, and but for my client's notoriety, he would not have been arrested, must less charged with resisting arrest.

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OUT- OF STATE DRIVER’S LICENSE MUST READ TO DRIVE IN MARYLAND

I watched a disaster today in Carroll County District Court.  A Pennsylvania resident with a PA driver's license got a DUI and blew a .10.  Instead of requesting a Hearing and getting a 6 month restricted license that would allow her to drive to her Maryland job, her lawyer told her to get the Interlock installed.  NO!  Under our regulations, that I believe are unconstitutional, YOU MUST HAVE A MARYLAND DRIVER'S LICENSE TO BE ON THE INTERLOCK PROGRAM.  The woman in this case put it on her car and is driving in MD.  The judge announced to her and her lawyer that she has been suspended by the MVA for 6 months according to her driving record  The glazed look in their eyes was sickening to see.  I told the lawyer to wait for me in the hallway so I could try to help.

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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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  • 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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