Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Baltimore County DUI’

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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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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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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  • 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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