Tough Times Call For Tough Representation

Photo of Gary S. Bernstein

Year: 2010

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...

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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...

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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...

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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...

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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...

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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...

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