Not Guilty Annapolis District Court

Gary S Bernstein

| Sep 17, 2020 | Firm News |

Last week I had a DUI trial in Annapolis District Court.  2 cars were involved in a red light accident and BOTH got charged with DUI.  My client’s trial was last week and the other driver’s is in November.  My client admitted to drinking at a Casino earlier in the evening.  He also had 2 passengers in the car that he had just picked up too take back to the Casino.  The State could not establish my client ran the light so there was no bad driving.The police officer did not remember much so he relied on his police report.  An example of the madness I have discussed caused by Covid postponements.  He wrote that my client’s car was DESTROYED and it was a front end collision for his car.  When asked about Field Sobriety he remembered asking my client if he had injuries BEFORE the accident, but not if he was injured in the accident.  I locked him into the instructions he gave for the SFSTs and they were WRONG.  I showed him the NHTSA Manual and he agreed he messed them up.

At the end of the State’s case the prosecutor argued that if you go to a Casino you go to get drunk and that they give you free alcohol- NO EVIDENCE OF THAT.  He then tried to blame the accident on my client-NO EVIDENCE OF THAT EITHER.  At that time the judge looks at the evidence in the light most favorable to the State.  Even with that she found my client Not Guilty and I didn’t;t have to produce any evidence.

When I left the prosecutor was giving the officer an earful.  Eventually the officer saw me as he left and came over to commiserate to me.  The case is now being Expunged.