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I had a DUI today with another new prosecutor. She called me last week about a postponement and I asked her to watch the video. She did so over the weekend, and this morning she agreed that if she was not brand new, she would drop the DUI. She needed her supervisor...
We are all new at our jobs. Being a prosecutor is no exception. When you are a new prosecutor it is hard to make a decision on how to handle what looks like and may be a serious case. As I said to the police liason after this case, it was a learning experience. I...
Yesterday was another example of the Gregg Bernstein try every piece of s… policy. If this is the first thing you are reading of mine, Gregg Bernstein is the elected State's Attorney. WE ARE NOT RELATED. He got his ass kicked in his first attempt at re-election as...
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...
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...
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...
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...
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...
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...
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...