Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Baltimore County DUI’

No Odor of Breath Again

I won a case a few months ago where the officer did not testify to any odor of an alcoholic beverage on my client's breath.  This was I think the first time that had happened.  I am in front of the same judge a couple weeks ago and the same thing happens.  Now I knew I was going to win the case based on the field sobriety, realized I had no idea the officer would omit this.  The prosecutor realized it and tried to get him to say it by re-asking questions that were already answered so my objections were sustained.  

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A Good Man as Well as a Prosecutor

We are very fortunate in Maryland that the people hired to prosecute criminal cases are good decent people with compassion, as well as being smart.  It helps create a bond of trust and respect between the state and the defense. It creates a wonderful atmosphere to try cases and I have had my share of good trials the past two weeks.  Yesterday (Friday) something happened that was not unusual, but it was just really really nice.

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Two Breath Tests Ruled Inadmissible

I tried 2 cases in the last two weeks where my objection to the admission of the breath test was sustained.  The first in Baltimore City involved the MDTA, and the second in Anne Arundel County involved the Maryland State Police and the Anne Arundel County Police Department.  The one with the MDTA had a video and the Annapolis case involved testimony only.

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Noah’s Law

The Legislature has before it a Bill to REQUIRE  first offender .08-.14 to either have a 90 day suspension or install an interlock for 90 days.  Restricted licenses for work, alcohol education, school, medical appointment for yourself or a family member would no longer be an option.  The periods required for the use of an interlock would be altered for .15 and above.   Out-of-state residents who work in Maryland would be unable to drive here for 90 days since you must have a Maryland driver's license to enter the Interlock Program.  If there is insufficient evidence to sustain a DUI/DWI charge and the prosecutor reduces it to a Reckless or Negligent, an interlock would be required, the same as a DUI conviction.  The originally charged DUI/DWI controls the interlock requirement even though they are dropped.

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Expungement Update from Client

I received the following email today from a client who was worried about his background check post expungement.  I was surprised and intend to contact First Advantage Corporation to verify the removal of expunged cases and how they go about updating their database.

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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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