Here we go again. Do we go to the Courthouse or do we do it over Zoom? Well that depends on where you are going? And if you are going inside, not everyone will be allowed entry because of social distancing- witnesses and family members will be in parking lots...
Tough Times Call For Tough Representation
NCDD- National College for DUI Defense
Seminar for District Court Public Defenders
I have been contacted by two separate supervisors in Baltimore City to give a DUI and Serious Traffic Seminar to their new District Court lawyers. DUI is more complicated than many other types of criminal cases. The science and the technical aspects are different...
MCDAA’S A-Z DUI DEFENSE SEMINAR
Friday was the latest Seminar and the turnout was over 70 people. There has always been a big turnout for this and years ago when we took it around the State, the total turnout would be around 200+. There was a Maryland continuing legal education organization...
“You hired a really good lawyer”
I had a trooper today who now operates a non-video car. My last case was when he had a video and the charges were dismissed after reviewing the video. When the prosecutor told him I wanted a trial he was visibly displeased. Unlike his previous aggressive roadside...
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...
Blasi case and odor of alcohol and SFSTs Instructions
Pay attention to the testimony!!!! A police officer yesterday may have confused himself when he recited the order in which he confronted my client and asked her to perform the Field Tests. He testified that he the car was lawfully parked and after he detected an...
State failed to follow the Evidence Rules
Two weeks ago I tried a DUI that had career implications for my client. The police were very upset about the prospect of a trial and having to be in court all day. They didn’t like my outlook on the case and asked a “regular” who is this guy Bernstein. He told them...
Interlock Hearings Update- New Rules
The MVA is proposing new Rules that help motorists using the Interlock. If you are removed from the Program because of a VOP you will be allowed a Hearing and the suspension will be held in abeyance pending the outcome of the Hearing. This is a major change giving...
Interlock Hearings
There are 2 ways you get interlocked. The first and most usual is by the MVA- .15 or above, refusal, DUI or DWI conviction. The second way is court ordered as a condition of probation. The MD legislature rejected a bill making it mandatory for the court to order an...
Watch them sweat, but beware the cool judge
I had an officer on the stand today who did a pretty good job on the SFSTS, but my client is 5’7″ and weighs 265. The officer denied weight could be an issue and then I approached him with the same NHTSA Manual he had for training. I felt like Jack Nicholson in the...