I had a Violation of Probation Hearing yesterday in Circuit Court for alleged interlock "failures." There were none. The client's first blow was unsuccessful but the subsequent blow was a pass. I explained to the judge my conversations with the two District Court...
Tough Times Call For Tough Representation
DUI
Administrative Hearings for .08, .15 and Above, and Refusals – Employer’s Vehicle Exception
I posted to the Maryland Criminal Defense Attorney's List serve the new Employer's Vehicle Exception Form. Years ago I had posted the form letter for an employer to write so that the client did not have to ask for a Hearing. I have been surprised to learn how many...
PBT Not Admissible
While sitting in Howard County last week before my trial, a scrum broke out in court over the admissibility of a PBT result during sentencing. The judge asked my opinion and I explained to her that it is only admissible at the Office of Administrative Hearings on the...
Howard County Roadblock- Not Guilty
Last week I tried a roadblock case in Howard County. The prosecutor thought I was crazy to try it and told me I would get a worse result than the plea that was offered, but I thought there were solid issues regarding the roadblock as well as factually regarding the...
First Body Cam Case- Not Guilty
I leaned over to my client near the end of the trial and said that the police report and the officer's testimony in response to the State's questions have you a falling down drunk. When I got done the judge agreed there was not enough evidence to arrest him and threw...
Interlock Issues
My client's 2016 Cadillac is having issues because of low voltage. The newer cars are going to have more and more issues as the interlock technology cannot keep up. She takes videos of the malfunctions to keep the MVA from treating it as a failure and adding a...
Noah’s Law
Effective October 1 there will be major changes to Administrative penalties regarding the breath test. For those reading this now if you blow between .08-.14 you face a 45 day loss of license or a 45 day restricted license for a first offense. Beginning October 1st...
No Odor of Breath Again
I won a case a few months ago where the officer did not testify to any odor of an alcoholic beverage on my client's breath. This was I think the first time that had happened. I am in front of the same judge a couple weeks ago and the same thing happens. Now I knew...
Two Breath Tests Ruled Inadmissible
I tried 2 cases in the last two weeks where my objection to the admission of the breath test was sustained. The first in Baltimore City involved the MDTA, and the second in Anne Arundel County involved the Maryland State Police and the Anne Arundel County Police...
The Rules Apply To Me?
Some time ago I get a call from a prospective client referred to me by a friend who is a prosecutor. So I come well recommended and presumably knowledgeable in the DUI field. The person calling is an educator who has zillions of meetings to attend. The educator...
