It is extremely rare when a judge takes a case away from a jury and acquits the defendant. It happened last week in the Circuit Court for Cecil County. This was a DUI involving a high breath test. The client's career depended on the outcome. He suffers from an extreme medical condition where whenever he eats, he regurgitates the food and has to chew it again and again. He was just coming from dinner when stopped for speeding. The receipt from the restaurant showed one beer and all that he and his family had eaten. He explained his GERD issue to the arresting officer, who told him it was not an issue. Well, it is an issue! We hired Ronald Henson, PhD. to testify that the breath machine would basically add the alcohol coming from his stomach into his esophagus to the alcohol from his deep lungs and give an unreliable and high reading. The mouth alcohol detector, if working, would not differentiate because of the constant amount of alcohol interfering with the deep lung air.
Posts Tagged ‘DUI’
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.
# 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.
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.
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