Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Category: Maryland Super Lawyers Criminal Defense: DUI/DWI 2007-2018

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.

It May Be Embarrassing But Tell Me The Truth

Clients sometimes want to create a new reality.  They do this by not telling the lawyer the truth or all the facts.  They hope it gets hidden that way. I tell everyone I need to know exactly what happened..  I am a really good lawyer according to my peers and clients, and I can deal with the worst facts.  I cannot make chicken salad out of everything, but I can keep us from getting splattered with the alternative.  I don't want your family to be embarrassed about what may come out in court.  I can control the narrative much of the time.

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DUI Dismissal

Well for at least the 3rd time I have had a DUI case dismissed with the same officer.  The video did not corroborate his written report.  The prosecutor suggested last week that he put the case on and let me crush the guy so he would learn not to do it this way.  I told him today it was not my job to educate the police.  He said he had already agreed to dismiss the case with the approval of his supervisor. and let me vent for a few minutes before he laughed and told me to relax. 

Baltimore County Not Guilty

Had a trial in Essex yesterday that resulted in an aquittal.  The back story is funny.  I am sitting on my patio one Friday night enjoying the autumn air when I hear a BOOM and the power in my house goes out.  I say "some drunk just hit the BGE pole."  Two hours later power is restored.  You know what is coming next.  The following week a new client comes in and explains how he was travelling on Greenspring Avenue when the guy in front of him stopped suddenly and he had to hit his brakes and pull to the right to avoid colliding with the car…..instead he knocked my lights out.  I told him about my comment and he went home and told his wife who also found it hilarious.

There was a video and I thought it helped.  His head hit the windshield and it was a mess.  He had a previousl leg injury and was constantly holding and rubbing his leg (including in the station), so no SFSTs.  He attempted to take the breath test but could not provide a sufficient sample.  He was subjected to sarcasm from the technician who thought he was fine.  The video showed him holding his rib area while trying to blow.  HE HAD A FRACTURED RIB.  I thought the State had "bupkus"- NOT DICK BUTKUS of  Chicago Bears fame.  It is a commonly used Yiddish word for "nothing"- no I do not speak Yiddish either.

The Judge, who is not Jewish, also thought they had "bupkus" and found my client not guilty.  The good news is he has moved south of my BGE pole so the next time a moron stops suddenly in the roadway in front of him, someone else's light will get knocked out.

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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

Office Location