Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘2008-2019 Best Lawyers in America’

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.

 

 

2020 Best Lawyers in America

Just announced today that I have been selected again.

Super Lawyer 2019

Announced today that I have been selected for the 13th straight year.  

Not Guilty Driving Under the Influence of Prescription Medication

This case is the same one my most recent review references.  My client takes Morphine during the day and an Oxy at night because of multiple surgeries. The dosage of each is small as it has decreased over the year since an accident.  His roommate drives with him all the time and the client is fine on the present therapeutic dose.  The client takes the morphine in the AM and then goes about the days business.  The client  goes to a friend's job for a while and then goes to White Marsh Mall for lunch.

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# Badass. Thank G-D for the Body Cam Video

That is the title of the AVVO review from my client.  The arrest was an absolute disgrace.  The client was stopped for an inoperable headlight.  When I got the video, I was so angry I was going to take it to the State's Attorney's Office to show them how absurd the arrest was as well as the client's treatment.  Instead I decided I would teach the officer a lesson.  The prosecutor called me the day before to offer a guilty plea.  I asked him what did she do wrong?  He couldn't answer it except to say he thought he had enough.

I had the judge watched the video before the officer testified so that the trial and cross-examination could proceed smoothly.  The judge was clearly disturbed by what she was.  The officer testified that the client swayed during the HGN.  I said to him I have watched the video ten times and never saw a sway.  He wound up testifying that his eyes are better than the video camera on his shoulder.  I asked the judge if I could get him out to the witness chair to demonstrate. She was too through at that point and basically let me go after the lies.  He had the audacity to "show" that she swayed all the way to the right and then all the way to the left.  She didn't move, much less go where she would have been out of the camera.  He totally butchered the Walk and Turn.  He then wanted to argue with me that even though he instructed her incorrectly and she did as he said, that it was still wrong.  It was her fault that she did it the way it was instructed.  The One Leg was perfect.  

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  • 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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