Tough Times Call For Tough Representation

Photo of Gary S. Bernstein


On Behalf of | Nov 17, 2014 | DUI |

There are really not that many police who you catch in a lie.  Most are honest and let the chips fall where they may.  The ones who do lie are cynics who have become disillusioned and just want everyone they suspect of a crime convicted.  When you are this way on what might be your FIRST case, there is a major problem.  When you are accompanied by a veteran officer who is training you, it is a bigger problem.  According to the police report, my 285 pound client is stopped for crossing the shoulder line 4 times.  When the rookie officer, hereinafter referred to as “rookie” comes to the car he smells a strong odor of an alcoholic beverage.  My client’s speech is slurred and once out of the vehicle he is staggering and swaying.  All of it is bullshit!

On the first trial date the rookie brings a video that was not given to the State.  We postpone the case.  I get the video, and then the top of my head nearly explodes.  My guy is close to the line and maybe on it, so I attribute the crossing the line to semantics.  After the rookie returns to the police car with my client’s license and registration, he is asked by the “trainer” what he detected at the car.  The response:  he told me he had 2 beers, ” I DID NOT SMELL IT ON HIM.”  Now I had a witness about the 2 beers being consumed around 4-6, and my client visiting with his parents from 6 to midnight (no beer there).  After he lumbers out of the car, he stands perfectly still during the HGN, no swaying nor staggering.  He is able to do the SFSTs but had to raise his arms because he is the size of an offensive lineman.  He even spoke to the officer about his size and trying to do these.  NO SLURRED SPEECH.  Total under penalty of perjury lies.

I debate calling and finding out who the new trial ASA is going to be and telling him about this, or just trying the case and blowing this asshole up.  No surprise I opt for the latter.  I get to Court and I am the only one there when the ASA shows up.  He is a really good and fair guy.  I have a retired Judge who was a former ASA to hear the case and know he is going to be pissed.  I walk up and tell the ASA it is a trial.  He looks at me with a “Huh” look and asks why.  I ask him if he saw the video.  He says he did not watch it and sees the look on my face and says maybe I should have.  He asks if I will play it for him and show him what is wrong.  I tell him the cop is a liar and he and his trainer should be off the force. I have him look at the police report and compare it to the video.  He looks at me like he is sickened by it and tells me to wait.  Meanwhile the line is now out the door and the liar is about 5 people back.  When he comes up, he is so young that you think you can smell Desitin as he passes by.  The prosecutor talks to him for a minute and he walks back with the look of a moron on his face.  Just before the docket starts the “trainer” rolls in.  He gets to sit next to the ASA while he “splains” it to him (i.e. Rcky Ricardo splaining to Lucy).  The “trainer” claims that at some time after the arrest they went over things with the rookie.  I didn’t see anything in writing from the rookie or the “trainer” that a perjured Statement of Probable cause was filed.  There was no correction by either of them.   Perhaps the trainer thought the defense lawyer was going to be one of the advertising letter writing pall bearers who would not ask for nor look at the video, and just roll in and plead the client guilty and beg for a PBJ.  Are you f…..g kidding me, that he was that arrogant to think he and his trainee could get away with it.

The client got a nol pros and I should have held out for the two “fine” MDTA officers paying the $30.00 expungement cost.  I told the ASA the video was staying on my IPAD and the perjured police report in the 50 pounds of law in my trunk, for the next time this rookie locks up somebody I represent.  I do not know if he intends to report it, or prosecute it.  If these guys want to be old-time “toll police” put them in a booth.  However, you better have exact change when they stick their hands out.  Meanwhile they better be carrying a Depends and a tube of Desitin the next time they have a case with me, because it is going to be a bit uncomfortable.