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Tough Times Call For Tough Representation
...Be prepared to be asked to take a breath test. Today the Court of Appeals eliminated the defense to the requirement for taking of a breath test, that you be found driving or in actual control of the vehicle on a highway or private property used by the public in...
Many lawyers are having problems figuring out the issues a driver charged with DUI who holds a CDL. AN INTERLOCK IS A SUSPENSION AND YOU LOSE YOUR CDL. A PBJ FOR DUI OR PER SE LOSES YOUR CDL. If you blow a .15 or above take the 90 day hit, and then you get your CDL...
Thus spoke the police officer at an MVA Hearing last week. I will have the tape of this admission for the jury trial in Baltimore City. He condensed the HGN exam, because he sometimes does that. He admitted he was not supposed to. Wrong instructions on the Walk and...
The judge today asked the police officer to perform the tests on her exactly as on the client. On the HGN he held the stimulus so high she had to crane her neck. I showed him the NHTSA Manual and he agreed it was held to high. On the one-leg stand he told to hold...
If it was not already hard to win one of these hearing, it just keeps getting harder. The Court of Appeals has recently announced rulings that interpret our Breath Testing Statute- §16-205.1 as requiring a minimum of paperwork that has to be submitted in order to...
Pay attention to the testimony!!!! A police officer yesterday may have confused himself when he recited the order in which he confronted my client and asked her to perform the Field Tests. He testified that he the car was lawfully parked and after he detected an...
I won a Driving Under the Influence of Xanex this week. It had been continued from last month where I had a lot of fun cross-examing the Drug Recognition “Expert.” The witness has been an “expert” since 1993, and this was the first time he ever testified. People...
Two weeks ago I tried a DUI that had career implications for my client. The police were very upset about the prospect of a trial and having to be in court all day. They didn’t like my outlook on the case and asked a “regular” who is this guy Bernstein. He told them...
The MVA is proposing new Rules that help motorists using the Interlock. If you are removed from the Program because of a VOP you will be allowed a Hearing and the suspension will be held in abeyance pending the outcome of the Hearing. This is a major change giving...
There are 2 ways you get interlocked. The first and most usual is by the MVA- .15 or above, refusal, DUI or DWI conviction. The second way is court ordered as a condition of probation. The MD legislature rejected a bill making it mandatory for the court to order an...