Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Wabash DUI’

Harford County DUI Dismissal

Friday afternoon I finally said to the prosecutor, as we discussed for the second straight day the DUI case against my client, that we had talked about this case longer than the jury will be out before finding my client not guilty.  He laughed and agreed so this morning the DUI was dismissed.  Why did a case that originated in August take until April to get resolved with a dismissal?  It is because of the process and policy.  My client was asleep on a parking lot when the police woke him up.  There was a six pack of beer in the vehicle.  There was an empty bottle outside the driver's door and an empty in the six pack.  There were 4 unopened beers.  My client refused the breath test because his union newspaper (which I had) advised against taking a test.  I had evidence that I shared with the State to show that he drank at the parking lot ONLY, and was not drinking before he got there.

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Baltimore City NG

Well I got out while the sun was still shining.  The Court was so accommodating.  All the cases in the morning and afternoon except trials were moved to other judges.  They do this elsewhere and I don't think I have ever seen it done in Baltimore City before. It allowed me to get started before lunch and finish in the afternoon, not the evening.  It also took the cooperation of the State's Attorney's Office to bring in help to handle the other courtrooms.  This has been a common practice FOREVER in every county.  I can remember judges in the City refusing to take cases from another courtroom because they were from another courtroom.  No more!  Having been a prosecutor in Baltimore City and practicing there for years, it was really nice to watch this happen.  It takes the pressure off the trial judge, who can now focus on the trial and not on the other 18 cases that were moved this morning and the other 15 moved this afternoon. 

This was the 5th trial date.  Although I know lawyers who add an "appearance" fee for each postponement, I won't do it.  It penalizes people who hire a "real" lawyer, and who expect a trial when there are legitimate issue.  I like trying cases so I just don't care if I have to come back.  I just reschedule my conflicts, and the courts never deny me a postponement because I ask for the postponement as soon as I get a trial notice that is a conflict.  They can move the case back a week or sometimes to the same week.  You want to screw around with the "system" and try to get postponements at the last minute,  the judges are going to make you be in 2 places at the same time; and then the client gets rolled over on a guilty plea because the lawyer has to be elsewhere, or they pray a jury trial when it is totally unnecessary (and I am sure they want to charge more money for that).  Judges know who these "scofflaws" are and they don't get any respect during a trial either.  Now to the case:

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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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