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...
Tough Times Call For Tough Representation
DUI
2nd of 2 Video Victories
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...
1st of 2 Video Victories in the Past Week
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...
MVA Refusal Victory
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...
Another MDTA Officer and Another Nol Pros
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...
Harford County Not Guilty, and Respect Before and After, Unlike Baltimore City
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....
American Association of Premier DUI Attorneys????
I get a pamphlet mailed to me that says I can be a Founding Member of this organization if I send in a check or give them a crfedit card number. They explain all their resources that I already have, and which all attorneys should have already. I look on-line to see...
Triple Teamed in Anne Arundel County and Still a NG
Well, I wound up with three prosecutors today. The 2 new and the Division Chief. It was fair because the new prosecutors were not familiar with all the legal issues that could be raised to support their side. This was a non-video stop with a trooper who tried to...
Chico Marx: “Are You Going To Believe Me, Or Believe Your Own Eyes?”
It is not often you get to quote the Marx Brothers in a courtroom. A few weeks ago, I had used Joe Pesci's "Grits" remarks from "My Cousin Vinnie" when comparing how long it took two breath technicians to perform the same actions. It was pretty funny except for the...
No Action In A Refusal
Generally you are not having an Administrative Hearing in a refusal case. Your client either takes the 120 day suspension or puts the interlock on for a year. A client tells me that after he is advised by the officer who reads him the DR-15 he asks to speak to a...
