Howard County DUI Not Guilty

Gary S Bernstein

A very interesting and intellectually enjoyable trial in Howard County District Court. A smart judge and a smart prosecutor. Everything was litigated- the SFSTs and the admissibility of the breath test.It was a one witness case that took an hour and a half to try. An experienced Howard County task force officer did not give complete instructions on the Walk and Turn and 1 Leg Stand Field Sobriety exercises. The client did exceptionally well, not withstanding the incomplete instructions. The breath test was the lynchpin of the State’s case. I am not going to explain why the Judge ruled it inadmissible as it took about an hour to litigate the issue. To the State’s credit, the prosecutor conceded that there were problems beyond those that the Judge ruled upon. The Judge recognized other problems, but narrowed his focus to the first and most immediate problem of admissibility. This case was the best example of how a case should be litigated by the State and the defense. And there is nothing like having a smart judge in a case who is fair to everyone.