Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Category: Uncategorized

Same Building but address change

My building address has been changed from Susquehanna Avenue to 215 Washington Avenue.  I am still in the same place, but the new owners believe the address should be changed.  Not my area of expertise. 

2020 Best Lawyers in America

Just announced today that I have been selected again.

Cecil County Not Guilty

It is extremely rare when a judge takes a case away from a jury and acquits the defendant.  It happened last week in the Circuit Court for Cecil County.  This was a DUI involving a high breath test.  The client's career depended on the outcome.  He suffers from an extreme medical condition where whenever he eats, he regurgitates the food and has to chew it again and again. He was just coming from dinner when stopped for speeding.  The receipt from the restaurant showed one beer and all that he and his family had eaten.  He explained his GERD issue to the arresting officer, who told him it was not an issue.  Well, it is an issue!  We hired Ronald Henson, PhD. to testify that the breath machine would basically add the alcohol coming from his stomach into his esophagus to the alcohol from his deep lungs and give an unreliable and high reading.  The mouth alcohol detector, if working, would not differentiate because of the constant amount of alcohol interfering with the deep lung air.  

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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.

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.

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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