Tough Times Call For Tough Representation

Photo of Gary S. Bernstein

Year: 2013

Atkinson revisited

One of the most important DUI cases in years was Atkinson.  It set forth the defense of using your vehicle for shelter when you leave a bar or party and are under the influence or impaired.  I hear lawyers talk about the case as a defense anytime a defendant is found...

read more

Harford County DUI Not Guilty

This one took all of 5 minutes.  There was absolutely no basis for ordering my client from the car for SFSTs, and the judge suppressed them.  The shame of it is that because he refused the test he had to deal with the suspension/interlock.  The MVA standard is...

read more

Breath Test Suppressed

It is difficult to get trial time in Baltimore City Circuit Court, especially for a misdemeanor.  The dockets range in the 20's to 40's and the judge to whom you are assigned is the judge you have to try the case in front of.  The last time this case was in, we were...

read more

Inmate Running The Asylum

This is a an off-spring of the treatment nightmare post.  I had a young client who is a junkie-plain and simple.  Like all heroin addicts he wanted everything his way and he wanted it now.  He decided he needed to be in a $40,000.00 28-day program because it will look...

read more

Federal DUI- Not Guilty

Had a good time in Federal Magistrate’s Court. The new JAG Officer told me he wanted to learn from me so he wanted to try the case.  Fine with me.  He had his questions  scripted as a new lawyer does, but that causes any lawyer a problem when the witness does not...

read more

Treatment Nightmare

No sooner had I posted the previous post when I get a call from a 24 year old who was just charged with a 3rd DUI.  The caller is on probation for the 2nd.  I asked about the treatment for the second DUI and the caller did a weekend at a program. The caller then...

read more

Treatment Programs

Maryland law requires that the client receive treatment in a “certified” program.  Some programs offer more than what they are certified to do.  Some do not have the proper counselors teaching the “certified” program so that the treatment does not meet the...

read more