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I had a no breath test case today where the State offered the driving while impaired and would defer on sentencing. My client had finished treatment months ago and had no record, so I told the prosecutor I am playing with house money and we would try the case. The...
I watched the Webcast of the oral argument in the Court of Appeals concerning the right to counsel before you agree to take or refuse a breath test. For almost the last 30 years it has been understood that if you request counsel, you can call a lawyer or be given a...
After an almost two month wait, a supervisor in the State's Attorney's Office in Baltimore City "allowed" a seasoned prosecutor to enter a Nolle Prosequi to the case where my client aced the fields and there was no breath test, and no bad driving. The trial...
One of the most important DUI cases in years was Atkinson. It set forth the defense of using your vehicle for shelter when you leave a bar or party and are under the influence or impaired. I hear lawyers talk about the case as a defense anytime a defendant is found...
This one took all of 5 minutes. There was absolutely no basis for ordering my client from the car for SFSTs, and the judge suppressed them. The shame of it is that because he refused the test he had to deal with the suspension/interlock. The MVA standard is...
It is difficult to get trial time in Baltimore City Circuit Court, especially for a misdemeanor. The dockets range in the 20's to 40's and the judge to whom you are assigned is the judge you have to try the case in front of. The last time this case was in, we were...
I have a case where the client was arrested by a MDTA Officer. Formerly the “Tunnel Police.” On the way to the station he was told, you will take the breath test, I will do your paperwork, and your wife can come and pick you up. When the client decided not to take the...
A very interesting and intellectually enjoyable trial in Howard County District Court. A smart judge and a smart prosecutor. Everything was litigated- the SFSTs and the admissibility of the breath test.It was a one witness case that took an hour and a half to try. An...
I was contacted almost a year ago by a lawyer whose client got hammered at her Administrative Hearing. It was a second offense, and she was accused of refusing the breath test for the second time. She wanted a blood test, but it was not required in her situation....
Yesterday I was in court where the tape and printed word did not match. But for the fact my client did poorly on 1 of the SFSTS, it would have been a trial. The tape supported a plea to the lesser offense as there was a medical issue surrounding the breath test. A...