I just received an email that for the past 20 years I have received the highest rating (AV) from Martindale-Hubbell peer review. For years this was the only rating and review a lawyer would receive, as the Super Lawyers Recognition began a few years ago. It is a nice...
Tough Times Call For Tough Representation
Year: 2010
Update to DRE
The Judge never got to rule on the DRE because I got the charge dismissed on technical grounds. I wonder how happy he was to learn about that? The arresting officer was shocked. My client was happy.
DRE Not a Happy Guy
I won a Driving Under the Influence of Xanex this week. It had been continued from last month where I had a lot of fun cross-examing the Drug Recognition “Expert.” The witness has been an “expert” since 1993, and this was the first time he ever testified. People...
State failed to follow the Evidence Rules
Two weeks ago I tried a DUI that had career implications for my client. The police were very upset about the prospect of a trial and having to be in court all day. They didn’t like my outlook on the case and asked a “regular” who is this guy Bernstein. He told them...
Interlock Hearings Update- New Rules
The MVA is proposing new Rules that help motorists using the Interlock. If you are removed from the Program because of a VOP you will be allowed a Hearing and the suspension will be held in abeyance pending the outcome of the Hearing. This is a major change giving...
Maryland Super Lawyers Criminal Defense: DUI/DWI 2007-2012
2007, 2008, 2009, 2010. 2011, and 2012 It is nice to be recognized but more important not to think that this means you don’t have to work as hard or be as creative. Judges and clients want to see real lawyering not awards. These look nice on the wall behind my desk,...
Interlock Hearings
There are 2 ways you get interlocked. The first and most usual is by the MVA- .15 or above, refusal, DUI or DWI conviction. The second way is court ordered as a condition of probation. The MD legislature rejected a bill making it mandatory for the court to order an...
Watch them sweat, but beware the cool judge
I had an officer on the stand today who did a pretty good job on the SFSTS, but my client is 5’7″ and weighs 265. The officer denied weight could be an issue and then I approached him with the same NHTSA Manual he had for training. I felt like Jack Nicholson in the...
MVA Success
ALJ took 3 No Actions because of the same screw up in breath test procedure. One police officer admitted it during the Hearing. Got breath test tossed in the actual criminal case 2 days later without an argument by the State. Update on this issue: Well it is tax...
Jury returns NG in Harford County DUI
Interesting jury trial in Harford County. Obviously the verdict was very satisfying and correct. Jury selection was very fascinating. There were 6 jurors who believed that it was unlawful to have any alcohol and drive. Some were in the 12-step program. When the...