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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...
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...
I had a trooper today who now operates a non-video car. My last case was when he had a video and the charges were dismissed after reviewing the video. When the prosecutor told him I wanted a trial he was visibly displeased. Unlike his previous aggressive roadside...
One of the basic rules of prosecution is that you need some evidence in order to convict. Unfortunately there are times when because of the client’s record, the State decides to take a shot. It is arguable whether this is correct, but having been a young prosecutor...
And he was not happy about it at all!!!!! He gave my client a thorough lecture on his conduct, told him he might have put him in jail, but instead had to send him on his way. Very simple case. Client strikes his neighbors fence. Neighbor in the house and hears it....
I have a case where the client was arrested by a MDTA Officer. Formerly the “Tunnel Police.” On the way to the station he was told, you will take the breath test, I will do your paperwork, and your wife can come and pick you up. When the client decided not to take the...
A very interesting and intellectually enjoyable trial in Howard County District Court. A smart judge and a smart prosecutor. Everything was litigated- the SFSTs and the admissibility of the breath test.It was a one witness case that took an hour and a half to try. An...