Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Category: Maryland Super Lawyers Criminal Defense: DUI/DWI 2007-2017

Harford County Not Guilty Jury Trial

Well it took 3 days because of the sparse courtroom time that was available, but my client was acquitted and keeps his CDL.  I let in evidence that the State did not produce a foundation for because I needed the jury to see the whole picture.  It was a speeding case with a .07 breath test.  A .07 by itself is not enough to convict of either DUI or DWI.  I maintained that there was no other impairment evidence to justify a DWI based on the breath test.

I didn't think the State could get the speed in but I wanted the 43 in a 30 so the jury could not speculate.  I told the jury that most of them drove that "fast" on their way to court.  The State had failed to provide me with the certifications for the Intoximeter, but I didn't want the jury to think my client refused the test making it worse than it really was.

My client did the field tests perfectly even though the officer claimed there were a few flaws not visible on the video.  My client testified to what he drank, why he was out (picking up his wife), and why he stopped his vehicle where he did, even though the officer said he should have stopped sooner.

One of the problems I encountered was the Judge helping the young prosecutor.  When I moved for the case to be dismissed, the judge gave the prosecutor arguments for her to use in her closing.  The judge also tried to give a jury instruction that would have allowed to argue the .07 was higher.  I had to point out that the instruction regarding the test result is based on the time it is given at the station.  The State had not even requested the instruction, and the judge came up with this theory on her own.

I really didn't think the case should be prosecuted based on all the evidence but it is Harford County.  I did have one dropped two weeks before where there was truly no evidence, but you have to be ready for trial there- and I was.

 

 

2008-2019 Best Lawyers In America

I got the email today that I have been selected again.  You take nothing for granted and each case is as important as the next.  Each case involves someone's life and maybe liberty.  You want to be one of the Best lawyers in America then you better be the best lawyer in America for each and every client.

Where is the Anne Arundel County Car Video

Hide the ball trick does not work.  Three years ago I wrote a Blog about a police officer who I caught lying in his FIRST CASE!  I have kept the video from that case on my IPad and the original tape and written report in a binder waiting to see if I would get a "return match" with this officer.  Well a few months ago a new client comes in and I recognize the officer's name, walk over to file boxes across from my desk, grab a blue binder sitting on top of them, and open it to the first stack of papers and tapes and it is the same guy.

There is no mention of a video in this client's paperwork but I KNOW there is one.  We get to court 2 weeks ago and when the officer arrives I ask him where is the video.  He tells me he and his supervisor looked for it, but the DVD in the car must have been full and the stop was not recorded.  I remind him who I was and he remembered his first case.  I don't believe him and move to dismiss the case and explain to the Judge, the prosecutor, and a courtroom of police, lawyers, and defendants that I have him on video and on paper committing perjury in 2014 and I don't believe for a moment that the video in this case does not exist.

After 2 recesses and the Judge ordering the prosecutor to personally speak to the supervisor, THERE IS A VIDEO!  However it is housed in a building that will require an hour to drive to and find.  The case is reset to today to give me my video.  Did anyone reading this get it?  I didn't either. Instead of the officer bringing it to court, a supervisor somewhere else emailed the State that he had it and would get me a copy next week.  The judge was too through with this bullshit, and gave the State 40 minutes to get it to court as she had ordered 2 weeks ago.  The new prosecutor on the case calls the supervisor who sent the email, but he is no where to be found, nor is the video.  

Without the video she is going to give me an inference that the video would be  favorable to my client.  Now the police report description of my client's field tests was not bad and incredibly vague (meaning he did really well).  At that point we agree to plead to 2 payable citations and pay $115.50 fines and costs.  The officer is probably happier than my client as he dodged a blood letting on cross-examination.  I blogged before to make sure you retain a lawyer who will watch the video.  Make sure you retain one who will DEMAND the video.

Maryland Super Lawyers

I have once again been fortunate to make the lists.  As I wrote in the past, it does not mean anything unless you do the work for each client.

Harford County- 3rd Recent DUI Dismissal and $185.00 Court Costs Instead of 9 Months

In the past few months I have had 3 DUI cases dropped by the State.  All were flawed as a result of the poor policing in the cases.  The most recent had a video showing the officer did not do what was in the police report.  Prior to his having a video camera, I had used his KGA Broadcast to get another of his DUI arrests dismissed.  The one two weeks ago had no basis for the stop, and but for my client's notoriety, he would not have been arrested, must less charged with resisting arrest.

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Contact Information

  • Gary S. Bernstein, P.A.
  • 29 W. Susquehanna Avenue, Suite 700
  • Towson, Maryland 21204
  • Toll Free: 866-435-2795
  • Locally: 410-415-9219
  • Fax: 410-823-0610

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