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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...
That is what this fairly new Frederick State Trooper had to say about how he came about to record the driving and stop of my client. The problem is, the video did not record what he wrote in his report and testified to on the witness stand. Somehow the video recorder...
A prosecutor said to me a few weeks ago, “Can you imagine how they treated people when they weren’t being taped.” The prosecutor was referring to some (not all) of the Maryland State Police who apparently believe the interstate is not under the jurisdiction of the...
It only took this Maryland State Trooper about one month from his hire to write his police report and then less than a year to testify inconsistently with HIS video. He became a trooper in August 2011 and arrested my client in September 2012. His report was printed...
I was contacted almost a year ago by a lawyer whose client got hammered at her Administrative Hearing. It was a second offense, and she was accused of refusing the breath test for the second time. She wanted a blood test, but it was not required in her situation....
I just finished a case where the state trooper put the client in front of the CLIENT’S car for the SFSTS. Huh??? The client was tall enough that you could see some of the movement of the head and torso. Otherwise, you might as well have turned the camera off. The...
A repeat offender with breath test of .08-.14 who has a prior .08-.14 in the last 5 years is now interlock eligible without a Hearing. That is because the offender is no longer eligible for a restricted driver’s license. That does not mean that the ALJs are going to...
Yesterday I was in court where the tape and printed word did not match. But for the fact my client did poorly on 1 of the SFSTS, it would have been a trial. The tape supported a plea to the lesser offense as there was a medical issue surrounding the breath test. A...
Harford County has the reputation of being a tough jurisdiction to try a DUI, especially in the District Court. I have obtained not guilty verdicts in jury trials because I don’t try many of these in the District Court. The last trial in the District Court took 2...
I will spare this trooper the embarrassment of mentioning his name. The lawyers who read this know who I am talking about. This trooper is the exception, not the Rule. He makes a DUI arrest every other day. He screws up the SFSTs every other day! In a...