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The Government doesn't play fair- there's a shocker!

By Bruce M. Robinson, P.A.

I was in Baltimore County District Court this week representing a pleasant out of state client on a Maryland DUI/DWI charge. This client had never been in trouble before and was very concerned about the outcome of his case (obviously desiring to keep his record untarnished by a bogus DUI charge). We proceed to Essex District Court and I advise the prosecutor that we can stipulate to the facts of the case but that I will be arguing the legality of the stop under the omnipotent Atkinson case. The Government responds that if I wish to argue the facts of the case, then we must have a full blown trial. I tell her that's a ridiculous waste of the Court's time and resources but if that's what you want, that's what we'll do. The next thing that happens is that the senior prosecutor comes over to me and asks me if I want the breath tech to stay for the trial...continue to full post

Full post as published by Maryland DUI Lawyer Blog on October 25, 2008 (boomark / email).