Tough Times Call For Tough Representation

Photo of Gary S. Bernstein

Month: August 2009

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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