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Tough Times Call For Tough Representation
I finally got to try a case that was almost a year old and had been snowed out twice. I had commented on this case when I did the MVA Hearing and the officer denied my client a phone call to her attorney, and the ALJ took no action. Today we showed up with our three...
Last week there are 2 MVA incidents that were unusual. I have a client who blew a .30, yes a .30. He gets the interlock on and goes to MVA to get his new license. The DR-15A has the .30 test result. The MVA computer system has it as well. HOWEVER, the trooper...
I had a no breath test case today where the State offered the driving while impaired and would defer on sentencing. My client had finished treatment months ago and had no record, so I told the prosecutor I am playing with house money and we would try the case. The...
This is a two part comment. One on the case and one about the judge. Yesterday I had a DUI with an issue about the arrest. The video showed my client was not impaired, and the only reason for the stop was excessive speed. Because of the judge's reputation for...
I watched the Webcast of the oral argument in the Court of Appeals concerning the right to counsel before you agree to take or refuse a breath test. For almost the last 30 years it has been understood that if you request counsel, you can call a lawyer or be given a...
After an almost two month wait, a supervisor in the State's Attorney's Office in Baltimore City "allowed" a seasoned prosecutor to enter a Nolle Prosequi to the case where my client aced the fields and there was no breath test, and no bad driving. The trial...
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...
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...
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...
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...