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Since the top of my head flew off, it has taken me a full week to reattach it. Last week I had the typical 20 minute violation. The client credibly testified (the ALJ actually said he believed all his testimony), as to how the breath technician was off to his right...
Selected by my peers.
The statute concerning VOPs in the District Court (not the Circuit Court) has been a source of contention between attorneys and judges. The statute read that a request for a violation of probation had to be initiated while the defendant was still on probation. Well...
What happens if you are stopped for speeding and the officer detects an odor of an alcoholic beverage? He orders you out of the car. Instead, what if he asks you, while seated in the car, to perform the alphabet and count backwards and you successfully complete...
Some people just cannot provide a sufficient deep lung air sample for the Intoximeter EC/IR. Reason? How about asthma and sinus issues. How about the police won’t give the client her inhaler so that she can try to provide a sufficient sample. How about at the MVA...
In what can only be described as refreshing, Administrative Law Judges have been taking No Action in cases involving a violation of the procedures for breath testing. In a Maryland DUI, there are 3 categories of breath tests. .00 to .07; .08 to .14; and .15 and...
Yesterday in Towson District Court in Baltimore County a client was acquitted of DUI where she was slipped Rohypnol or another date rape drug at a business meeting. She had a complete blackout and had no recollection of driving, SFSTS, refusing the breath test, or...
Twice in the last month in Towson District Court in Baltimore County I have had police officers tell me that their NHTSA Field Sobriety Test Manual doesn’t say what mine says. You think maybe they send one to the police and put extra requirements in the ones they...
http://supct.law.cornell.edu/supct/html/07-591.ZS.html Much has been made about Judge Scalia’s majority opinion requiring the testing technician to appear in court. We have a “demand statute” in Maryland, where defense counsel is required to request the technician’s...
Because of defects in the procedure for the administration of breath tests, I have been successful in having judges refuse to admit DUI breath test results. This requires the knowledge of all aspects of the procedure and how various statutes and regulations...