Year: 2009

Gary S Bernstein

One-eyed observation

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...

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No right to ask for SFSTS

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...

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Insufficient Breath Sample

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...

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Breath Tests and Administrative Hearings

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...

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Date Rape DUI

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...

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Supreme Court Ruling in Melendez-Diaz

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...

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