Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Glen Burnie DUI’

The Rules Apply To Me?

Some time ago I get a call from a prospective client referred to me by a friend who is a prosecutor.  So I come well recommended and presumably knowledgeable in the DUI field.  The person calling is an educator who has zillions of meetings to attend.  The educator also refused the breath test.  I explained that there are no restricted licenses and it is either the interlock or 4 month suspension.  There is no other driver available during the 4 month suspension period so the interlock is the only option.  The educator just refuses to believe that these are the only 2 alternatives.  I direct the educator to the form that was read and signed at the police station with the same language.  I explain again that I do as many as 20 DUIs a month and teach it, and that the circumstances of the refusal do not create any issues of inducement or misadvise. I suggest that when there are meetings where people go in a group, that the educator's car be unavailable that day. The last question was the most interesting and disappointing.

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2016 The Best Lawyers In America

I have received this honor as well.  I get a lot of membership requests for Best Lawyer type organizations, but I turn them down.  Super Lawyers and this are the two I respect the most and think give my potential clients a basis for trusting me to review their cases.  

Another MDTA Officer and Another Nol Pros

Well a 3rd member of the MDTA  Police Force who would have been called to testify in Glen Burnie District Court has seen his written report blown up by his in-car video tape.  I knew when the officer did not have the video prepared for the State's Attorney's Office before the first trial date that my client was accurate in his recollection of the SFSTs.  I remember the cavalier and smug attitude when I asked where the video was, and that look never materialized today.  I got the video and he got his ass saved by not having to testify under oath, although his police report is under oath.

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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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Another MDTA Caught on Video

Deja Vu  all over again!  Same Courthouse, different prosecutor, different cop.  Same bullshit.  Another video that does not show all the bad driving described.  This MDTA officer tried to explain it by saying he waited until after all the bad stuff happened before putting on the video camera, a 30 second delay or 5 City blocks (1/2 mile). Lots of bad stuff in that 1/2 mile!!!!, but no more bad stuff for the next 3-5 miles.  When I pointed that out, the State rehabilitated this bullshit by having him testify that it took the camera another 30 seconds to warm up and turn on, and he was still making observations.

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  • 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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