I had a Violation of Probation Hearing yesterday in Circuit Court for alleged interlock "failures." There were none. The client's first blow was unsuccessful but the subsequent blow was a pass. I explained to the judge my conversations with the two District Court...
I posted to the Maryland Criminal Defense Attorney's List serve the new Employer's Vehicle Exception Form. Years ago I had posted the form letter for an employer to write so that the client did not have to ask for a Hearing. I have been surprised to learn how many...
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...
Effective October 1 there will be major changes to Administrative penalties regarding the breath test. For those reading this now if you blow between .08-.14 you face a 45 day loss of license or a 45 day restricted license for a first offense. Beginning October 1st...
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...
Generally you are not having an Administrative Hearing in a refusal case. Your client either takes the 120 day suspension or puts the interlock on for a year. A client tells me that after he is advised by the officer who reads him the DR-15 he asks to speak to a...
Well I got a bit of a twofer yesterday. I was back in District Court because the docket was too crowded the last time, and this time the Clerk left time for a trial. The Court Clerks in Harford County are as good as it gets. The State offered the usual plead to...
Last week there are 2 MVA incidents that were unusual. I have a client who blew a .30, yes a .30. He gets the interlock on and goes to MVA to get his new license. The DR-15A has the .30 test result. The MVA computer system has it as well. HOWEVER, the trooper...
This one took all of 5 minutes. There was absolutely no basis for ordering my client from the car for SFSTs, and the judge suppressed them. The shame of it is that because he refused the test he had to deal with the suspension/interlock. The MVA standard is...
A repeat offender with breath test of .08-.14 who has a prior .08-.14 in the last 5 years is now interlock eligible without a Hearing. That is because the offender is no longer eligible for a restricted driver’s license. That does not mean that the ALJs are going to...
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Gary S. Bernstein, P.A.
215 Washington Ave
Ste 700
Towson, MD 21204
Phone: 410-337-7770
Fax: 410-823-0610
