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...
Tough Times Call For Tough Representation
Breath tests
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...
1st of 2 Video Victories in the Past Week
MDTA Officer stops my client for a stop sign violation. The client is asked to exit the car for SFTSs. The client categorically refuses to do them. The clients told unless the client does the SFSTs, the client will be arrested based on the observations that...
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...
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...
Triple Teamed in Anne Arundel County and Still a NG
Well, I wound up with three prosecutors today. The 2 new and the Division Chief. It was fair because the new prosecutors were not familiar with all the legal issues that could be raised to support their side. This was a non-video stop with a trooper who tried to...
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...
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...
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...
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...