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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...
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...
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...
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...
I tried a case a few weeks ago where the issue was going to be the officer inducing my client not to take the test. He had an accident avoiding a deer and as a result did poorly on the SFSTs. I had a witness to the inducement. However, during his direct exam the...
The trial was today and I received the video Friday. I watch the video and the first thing I see is that the officer could have done the SFSTs between his car and the client's car because a second officer had pulled up behind him, allowing for protection from a rear...
MDTA Officer stops my client for a stop sign violation. The client is asked to exit the car for SFTSs. The client categorically refuses to do them. The clients told unless the client does the SFSTs, the client will be arrested based on the observations that...
These are now few and far between. The Officer's Order of Certification read that the stop was for a tag light at 2:00 AM. No odor of alcohol. SFSTs not to my satisfaction ( curved area of a rural road on a grassy area). There were just no reasonable ground. No...
Well a 3rd member of the MDTA Police Force who would have been called to testify in Glen Burnie District Court has seen his written report blown up by his in-car video tape. I knew when the officer did not have the video prepared for the State's Attorney's Office...
The client in this case was only stopped at 1:00 AM for speeding. The SFSTs were done in insanely cold and windy conditions next to an open field. My client was without a coat. He asked to be taken to a reasonable location to do the SFSTs but the officer declined....