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The MVA is proposing new Rules that help motorists using the Interlock. If you are removed from the Program because of a VOP you will be allowed a Hearing and the suspension will be held in abeyance pending the outcome of the Hearing. This is a major change giving...
2007, 2008, 2009, 2010. 2011, and 2012 It is nice to be recognized but more important not to think that this means you don’t have to work as hard or be as creative. Judges and clients want to see real lawyering not awards. These look nice on the wall behind my desk,...
There are 2 ways you get interlocked. The first and most usual is by the MVA- .15 or above, refusal, DUI or DWI conviction. The second way is court ordered as a condition of probation. The MD legislature rejected a bill making it mandatory for the court to order an...
I had an officer on the stand today who did a pretty good job on the SFSTS, but my client is 5’7″ and weighs 265. The officer denied weight could be an issue and then I approached him with the same NHTSA Manual he had for training. I felt like Jack Nicholson in the...
ALJ took 3 No Actions because of the same screw up in breath test procedure. One police officer admitted it during the Hearing. Got breath test tossed in the actual criminal case 2 days later without an argument by the State. Update on this issue: Well it is tax...
Interesting jury trial in Harford County. Obviously the verdict was very satisfying and correct. Jury selection was very fascinating. There were 6 jurors who believed that it was unlawful to have any alcohol and drive. Some were in the 12-step program. When the...
Since the top of my head flew off, it has taken me a full week to reattach it. Last week I had the typical 20 minute violation. The client credibly testified (the ALJ actually said he believed all his testimony), as to how the breath technician was off to his right...
Selected by my peers.
The statute concerning VOPs in the District Court (not the Circuit Court) has been a source of contention between attorneys and judges. The statute read that a request for a violation of probation had to be initiated while the defendant was still on probation. Well...
What happens if you are stopped for speeding and the officer detects an odor of an alcoholic beverage? He orders you out of the car. Instead, what if he asks you, while seated in the car, to perform the alphabet and count backwards and you successfully complete...