And he was not happy about it at all!!!!! He gave my client a thorough lecture on his conduct, told him he might have put him in jail, but instead had to send him on his way. Very simple case. Client strikes his neighbors fence. Neighbor in the house and hears it....
Tough Times Call For Tough Representation
DUI
Howard County DUI Not Guilty
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...
“Stand Right There and Face Your Car”
A prosecutor said to me a few weeks ago, “Can you imagine how they treated people when they weren’t being taped.” The prosecutor was referring to some (not all) of the Maryland State Police who apparently believe the interstate is not under the jurisdiction of the...
A Nice Drive to Cecil County, And An Even Better Drive Back
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....
Videotape Scam
I just finished a case where the state trooper put the client in front of the CLIENT’S car for the SFSTS. Huh??? The client was tall enough that you could see some of the movement of the head and torso. Otherwise, you might as well have turned the camera off. The...
2nd State Trooper whose videos do not match his reports
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...
Harford County Not Guilty
Harford County has the reputation of being a tough jurisdiction to try a DUI, especially in the District Court. I have obtained not guilty verdicts in jury trials because I don’t try many of these in the District Court. The last trial in the District Court took 2...
Want to get drunk and sit in your car in your driveway with the engine on……
...Be prepared to be asked to take a breath test. Today the Court of Appeals eliminated the defense to the requirement for taking of a breath test, that you be found driving or in actual control of the vehicle on a highway or private property used by the public in...
CDL
Many lawyers are having problems figuring out the issues a driver charged with DUI who holds a CDL. AN INTERLOCK IS A SUSPENSION AND YOU LOSE YOUR CDL. A PBJ FOR DUI OR PER SE LOSES YOUR CDL. If you blow a .15 or above take the 90 day hit, and then you get your CDL...
“Not one of my better Field Sobriety Days”
Thus spoke the police officer at an MVA Hearing last week. I will have the tape of this admission for the jury trial in Baltimore City. He condensed the HGN exam, because he sometimes does that. He admitted he was not supposed to. Wrong instructions on the Walk and...