Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘DUI’

# 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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2008-2019 Best Lawyers In America

I got the email today that I have been selected again.  You take nothing for granted and each case is as important as the next.  Each case involves someone's life and maybe liberty.  You want to be one of the Best lawyers in America then you better be the best lawyer in America for each and every client.

It May Be Embarrassing But Tell Me The Truth

Clients sometimes want to create a new reality.  They do this by not telling the lawyer the truth or all the facts.  They hope it gets hidden that way. I tell everyone I need to know exactly what happened..  I am a really good lawyer according to my peers and clients, and I can deal with the worst facts.  I cannot make chicken salad out of everything, but I can keep us from getting splattered with the alternative.  I don't want your family to be embarrassed about what may come out in court.  I can control the narrative much of the time.

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DUI Dismissal

Well for at least the 3rd time I have had a DUI case dismissed with the same officer.  The video did not corroborate his written report.  The prosecutor suggested last week that he put the case on and let me crush the guy so he would learn not to do it this way.  I told him today it was not my job to educate the police.  He said he had already agreed to dismiss the case with the approval of his supervisor. and let me vent for a few minutes before he laughed and told me to relax. 

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.

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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

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