Tough Times Call For Tough Representation

Photo of Gary S. Bernstein

DUI

Atkinson Update

The third time must be the charm.  I have previously written about a case I have in Baltimore City where the car is parallel parked and is being used as a shelter to drink beer in front of the house where the drinkers are spending the night.  There is no intention to...

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Harford County NG and a Little Payback

Well I got a bit of a twofer yesterday.  I was back in District Court because the docket was too crowded the last time, and this time the Clerk left time for a trial.  The Court Clerks in Harford County are as good as it gets.  The State offered the usual plead to...

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Baltimore County Not Guilty

I finally got to try a case that was almost a year old and had been snowed out twice.  I had commented on this case when I did the MVA Hearing and the officer denied my client a phone call to her attorney, and the ALJ took no action.  Today we showed up with our three...

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MVA CONFUSION

Last week there are 2 MVA incidents that were unusual.  I have a client who blew a .30, yes a .30.  He gets the interlock on and goes to MVA to get his new license.  The DR-15A has the .30 test result.  The MVA computer system has it as well. HOWEVER, the trooper...

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Baltimore County Not Guilty

I had a no breath test case today where the State offered the driving while impaired and would defer on sentencing.  My client had finished treatment months ago and had no record, so I told the prosecutor I am playing with house money and we would try the case.  The...

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Baltimore County Not Guilty

This is a two part comment.  One on the case and one about the judge.  Yesterday I had a DUI with an issue about the arrest.  The video showed my client was not impaired, and the only reason for the stop was excessive speed.  Because of the judge's reputation for...

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Right to Counsel

I watched the Webcast of the oral argument in the Court of Appeals concerning the right to counsel before you agree to take or refuse a breath test.  For almost the last 30 years it has been understood that if you request counsel, you can call a lawyer or be given a...

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Update on Breath Test Suppressed

After an almost two month wait, a supervisor in the State's Attorney's Office in Baltimore City "allowed" a seasoned prosecutor to enter a Nolle Prosequi to the case where my client aced the fields and there was no breath test, and no bad driving.  The trial...

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