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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...
I had an officer on the stand today who did a pretty good job on the SFSTS, but my client is 5’7″ and weighs 265. The officer denied weight could be an issue and then I approached him with the same NHTSA Manual he had for training. I felt like Jack Nicholson in the...
ALJ took 3 No Actions because of the same screw up in breath test procedure. One police officer admitted it during the Hearing. Got breath test tossed in the actual criminal case 2 days later without an argument by the State. Update on this issue: Well it is tax...
Interesting jury trial in Harford County. Obviously the verdict was very satisfying and correct. Jury selection was very fascinating. There were 6 jurors who believed that it was unlawful to have any alcohol and drive. Some were in the 12-step program. When the...
Since the top of my head flew off, it has taken me a full week to reattach it. Last week I had the typical 20 minute violation. The client credibly testified (the ALJ actually said he believed all his testimony), as to how the breath technician was off to his right...
The statute concerning VOPs in the District Court (not the Circuit Court) has been a source of contention between attorneys and judges. The statute read that a request for a violation of probation had to be initiated while the defendant was still on probation. Well...