Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Frederick County DUI’

Health-care bill would drop addiction treatment mandate covering 1.3 million Americans

This issue has nothing to do with whether you voted for President Trump or Ms. Clinton.  Obama care may be a disaster, my premiums skyrocketed like yours.  There were 4 needed features- coverage of pre-existing illnesses, children remaining on a parent's policy until age 26, mental health coverage, and drug abuse coverage.  Over the years it has been incredibly difficult to get mental health and drug abuse treatment for clients even when insured.  Health care policies limited coverage and paid a low percentage.  Only the wealthy could afford residential treatment for their child.  That changed under our present health care system.

The title above is a newspaper headline of an article that explains how poor people on Medicaid will lose their mental health and drug coverage.  It will no longer be mandated.  I am not debating the merits of the Republican proposal versus the mess we now have, but the loss of this coverage is going to decimate a population that is growing everyday. West Virginia counties sued opioid distributors today "for shipping inordinate quantities of opioids into the state in violation of a West Virginia law."  They have filed suit against drug distributors as well as Walgreens and CVS.  The merits of the law suit are not the purpose of this Blog either.  We unfortunately have a massive substance abuse and mental health crisis in this country and it is not subsiding.  People need help. This is a sad situation and I thought I would put it out there for people to think about.  These are not people born to do evil or born to hurt others.  Mental health issues represent genetics as does substance abuse for many who find themselves in that abyss.  Whatever the reason they need the help President Trump promised to continue for these problems, and hopefully the next headline will read "does not" instead of "would."

Interlock Issues

My client's 2016 Cadillac is having issues because of low voltage.  The newer cars are going to have more and more issues as the interlock technology cannot keep up.  She takes videos of the malfunctions to keep the MVA from treating it as a failure and adding a month.  On October 1st when a .08 -.14 requires either a 6 month restricted license or an interlock, there will be more interlocks.  Judges are going to start using them as sentencing tools and that is going to be a disaster.

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Visiting Canada

Entry into Canada with a DUI is a problem.  If you have pending plans to go to Canada you should contact the consulate to make sure you are eligible for entry or can receive permission to enter.  Here is the the Canadian Government policy regarding admission into Canada with a DUI:


Operational Bulletin 389 – February 27, 2012

Cost Recovery Fee Exemption for Temporary Resident Permits Issued to Foreign Nationals who are Inadmissible on Criminality Grounds

This Operational Bulletin has expired. Please refer to ENF 4 (PDF, 1.10 MB) for current information.


A public policy was recently approved with respect to the entry of foreign nationals (FNs) who are inadmissible on A36(2) criminality grounds. Specifically, the policy allows the grant of a one-time fee exemption for a Temporary Resident Permit (TRP) for certain offences, including offences such as driving while impaired (also known as driving under the influence (DUI)). 


The purpose of this Operational Bulletin (OB) is to provide operational guidance on issuing a one-time fee-exempt TRPto a foreign national who is inadmissible on A36(2) criminality grounds and who meets the conditions set out in the public policy (see Instructions). 


Where an officer is of the opinion that it would be justified in the circumstances for an inadmissible FN to become a temporary resident, a TRP may be issued to enable the FN to enter and/or remain in Canada under section 24(1) of the Immigration and Refugee Protection Act (IRPA). Section 25.2 of the IRPA authorizes the Minister or delegated officers to grant an exemption from the payment of applicable fees where the Minister is of the opinion that public policy considerations warrant it. 

On January 13, 2012 the Minister of Citizenship, Immigration and Multiculturalism issued the public policy considerations that in his opinion justify the granting of a one-time exemption from the TRP processing fee that is required under section 298 of the Immigration and Refugee Protection Regulations (IRPR) for FNs who meet the conditions of this public policy.

These instructions are to be considered an interim measure to facilitate the entry of these FNs until a more permanent measure is established. Additional instructions will be offered once a permanent measure comes into force or this public policy is revoked by the Minister. 


As of March 1, 2012 the public policy exemption would apply to an FN to whom a TRP is being issued at a port of entry (POE) or a visa office abroad, who is inadmissible solely on the grounds of “criminality” under section 36(2) of IRPA, and who:

  1. was convicted of an offence and received no term of imprisonment as part of the sentence imposed; and
  2. has had no other convictions or committed any other acts that would render the person inadmissible.

To facilitate these circumstances and overcome the inadmissibility, a delegated authority should consider issuing a TRP. If choosing to issue a TRP, the delegated authority can now exempt the fees associated with the issuance of this document. The delegated authority should counsel the foreign national that the next time they seek to enter Canada, the fee exemption will not apply and that they should look into potential mechanisms to overcome their inadmissibility.

This public policy fee exemption does not apply to persons convicted of child pornography or a sexual offence. This authority has been delegated to CIC immigration authorities at visa offices abroad and to Canada Border Services Agency’s (CBSA) Border Service Officers, Inland Enforcement Officers and Regional Program Officers in their immigration functions for POE examinations only. 

When issuing a TRP in these circumstances, the cost recovery code M31 on the TRP screen in the Field Operations Support System is to be used. This code will automatically generate the following information on the TRP


This public policy does not apply to FNs who are already in Canada. 

Further information


For further information or questions regarding the changes outlined in this OB, please contact Operational Management and Coordination at [email protected].

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 volunteer every opinion he could muster.  I had a recently appointed judge who had been a prosecutor and criminal defense attorney and knew the law.  In fact, she left the bench after argument to read some cases.  As another attorney remarked to me, "she is a breath of fresh air," although this county's District Court judges are a great group to try cases with.  The Division Chief did not jump in until  the end of the probable cause testimony.

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Baltimore County Not Guilty

I finally got to try a case that was almost a year old and had been snowed out twice.  I had commented on this case when I did the MVA Hearing and the officer denied my client a phone call to her attorney, and the ALJ took no action.  Today we showed up with our three witnesses and credit card receipts to attest to the amount of alcohol consumed.  They never got on the stand.  The officer could not remember simple facts and could not identify the photos of the street and sidewalk where the SFSTs were requested to be performed.  I took the clear copy of the mugshot from the State, and introduced it to show my client looked better than she did in court.  Obviously bright eyed and no sign of impairment.  Take a look on line of Nick Nolte's mugshot, and you see what really f…ed up looks like.

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  • Gary S. Bernstein, P.A.
  • 29 W. Susquehanna Avenue, Suite 700
  • Towson, Maryland 21204
  • Toll Free: 866-435-2795
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