Two Breath Tests Ruled Inadmissible

Gary S Bernstein

I tried 2 cases in the last two weeks where my objection to the admission of the breath test was sustained.  The first in Baltimore City involved the MDTA, and the second in Anne Arundel County involved the Maryland State Police and the Anne Arundel County Police Department.  The one with the MDTA had a video and the Annapolis case involved testimony only.

It is not surprising how many officers try to short cut the procedures and then attempt to justify their actions. All the officers were the usual distressed after they waited hours to try the case and it did not go their way. None of this was in the police reports, which is why you have to try cases and not roll over on the written reports.