Tough Times Call For Tough Representation

Photo of Gary S. Bernstein

Breath tests

LISTEN TO THE TESTIMONY

I tried a case a few weeks ago where the issue was going to be the officer inducing my client not to take the test.  He had an accident avoiding a deer and as a result did poorly on the SFSTs.  I had a witness to the inducement.  However, during his direct exam the...

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2nd of 2 Video Victories

The trial was today and I received the video Friday.  I watch the video and the first thing I see is that the officer could have done the SFSTs between his car and the client's car because a second officer had pulled up behind him, allowing for protection from a rear...

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MVA Refusal Victory

These are now few and far between.  The Officer's Order of Certification read that the stop was for a tag light at 2:00 AM.  No odor of alcohol.  SFSTs not to my satisfaction ( curved area of a rural road on a grassy area).  There were just no reasonable ground.  No...

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Another MDTA Officer and Another Nol Pros

Well a 3rd member of the MDTA  Police Force who would have been called to testify in Glen Burnie District Court has seen his written report blown up by his in-car video tape.  I knew when the officer did not have the video prepared for the State's Attorney's Office...

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No Action In A Refusal

Generally you are not having an Administrative Hearing in a refusal case.  Your client either takes the 120 day suspension or puts the interlock on for a year.  A client tells me that after he is advised by the officer who reads him the DR-15 he asks to speak to a...

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The Trainer Was The Breath Tech

If you read my previous post about the lying rookie and his trainer, you understand what the title means.  The other day, I return to the same courtroom, but this time the MDTA officer was experienced and the trainer was the breath tech.  Another good video that did...

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MDTA Liar

There are really not that many police who you catch in a lie.  Most are honest and let the chips fall where they may.  The ones who do lie are cynics who have become disillusioned and just want everyone they suspect of a crime convicted.  When you are this way on what...

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Not Running From Him Again

The other day I come to court where there is a "visiting judge." That means he is there for the day from another county.  I have only done one case in front of this judge because I had to.  It was an aggressive driving charge (have to prove three driving offenses like...

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