State failed to follow the Evidence Rules

Gary S Bernstein

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 you better watch out he teaches this stuff.  They ask if I am as good as he is and he says “I go to his classes.  He teaches me.”   Talk about setting the right tone.  The “regular” and I were laughing about this, but compliments don’t win cases.  The State did not comply with the Evidence Rules and the breath test was suppressed.  My original offer of a Reckless that was sneered at by the police was now acceptable.  Case ended with a Reckless and a PBJ (no points and no MVA sanctions).  I guess those two police will recognize my name the next time.