Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Baltimore County DUI’

First Body Cam Case- Not Guilty

I leaned over to my client near the end of the trial and said that the police report and the officer's testimony in response to the State's questions have you a falling down drunk.  When I got done the judge agreed there was not enough evidence to arrest him and threw the DUI out.  Welcome to the world of the Body Cam.  There have been car videos for a while and some agencies removed them- I believe because those that know how to try a case win with them so the Agency removed them.  Now the Body Cam is becoming mandatory.  My arresting officer was not wearing the cam, but his back-up was.  A State Trooper who I have tried cases against before and who was watching texted another trooper who was in another courtroom to come watch me.  Neither was disappointed, but it was not a State Trooper who got crushed.  He told me he was going to tell his squad about the case tonight.

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As a Lawyer it was Embarassing to Watch

Whatever your profession, when someone screws up or is incompetent, it is embarrassing to watch.  You feel like the "civilians" think we are all like that.  Today a lawyer asked a judge before a guilty plea in a DUI to defer sentencing for a few months so the client could start treatment.  The judge advised he does not do that and that they would deal with the lack of treatment at sentencing.  The lawyer then withdrew the guilty plea and asked for a jury trial.  HOWEVER, the client was not charged with DUI, but DWI so he was not entitled to a jury trial.  Even the judge and prosecutor squirmed as they looked to see if any of the charges allowed for a jury trial (penalty must exceed 90 days).  

When the judge and the prosecutor could not find that offense, as the lawyer watched the two of them go through the charging documents, he shrugged and said we plead guilty.  I left at that point.  I spoke to the public defender who was also watching this unfold and she said she felt so embarrassed sitting there. The prosecutor emailed me and told me the defendant went to jail and when released he will be on probation.  The lawyer did not even ask for an appeal bond so the guy will not get out if he files an appeal.  You may get a letter from this guy so be careful who you retain.  

Interlock Issues

My client's 2016 Cadillac is having issues because of low voltage.  The newer cars are going to have more and more issues as the interlock technology cannot keep up.  She takes videos of the malfunctions to keep the MVA from treating it as a failure and adding a month.  On October 1st when a .08 -.14 requires either a 6 month restricted license or an interlock, there will be more interlocks.  Judges are going to start using them as sentencing tools and that is going to be a disaster.

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Noah’s Law

Effective October 1 there will be major changes to Administrative penalties regarding the breath test.  For those reading this now if you blow between .08-.14 you face a 45 day loss of license or a 45 day restricted license for a first offense.  Beginning October 1st it increases to 180 days restricted or 180 days of interlock.  I don't know many people who can only drive to and from work, medical appointments, alcohol education, and school for 6 months.

For first offense .15 and above the period of suspension rises from 90 days to 180 days of no driving or the existing 1 year of interlock. I have had clients take 90 days of not driving but 6 months is a long time.

For a refusal the period of suspension rises from 120 days to 270 days of no driving or the existing 1 year of interlock.  

If it is a second or third time, the penalties increase as well.  The Interlock is going to become the norm in most DUI cases.

For those that refuse and are willing to live with the 270 days of no driving, they have legislated around that.  If as a result of your refusal, you are able to get the case down to a DWI instead of a DUI,  and the judge finds beyond a reasonable doubt that you refused the test, then the judge Orders you into the Interlock Program for 1 year.  For those on the interlock it runs concurrently and adds no time.  For those who tried to get around the interlock it now starts at sentencing.  

We still have Probation before Judgment for 1st offenders, but lawyers are going to have to earn their fees to insure the client is in the best possible position to avoid these sanctions.

 

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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  • 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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