As a Lawyer representing clients in DUI/DWI and serious traffic citations, it is gratifying to have a Judge hear a case, listen to the facts and make the right decision.

Anyway, I appeared in Howard County District Court for a young lady facing suspension of her driver’s license for another in a string of speeding tickets.  The officer testified about the stop and his certification for the radar unit.  It turns out that the unit he had records for and said he was using was NOT the same unit for which he was certified.  The officer could not satisfy the Judge with his explanation.  Judgment for the Defendant. 

My client was shocked and I have to admit that I too was a bit surprised.  You never know.  Until next time….

Somehow, I convinced the court that there was not proof beyond a reasonable doubt notwithstanding the testimony of two police officers to the contrary.  Not guilty.

The ALJ was attentive and found my client credible.  OAH had denied my requested to subpoena the officer.  Therefore, her testimony was unchallenged.

On to District Court where I am not sure we will be as successful.

I was certain she would go to jail for the Driving Without a License.  Although I had an issue that in front of the right judge may have been grounds to throw the charge out, I elected to go forward based on the State’s Attorney’s promise to not ask for jail.  In fact, the Judge only imposed a fine.  Of course, this may lead to the client’s deportation but at least the points won’t hurt her license.

I just settled a case for another client who was hit on the Beltway by a driver who took off.  That case against her own carrier somehow dragged on and was more difficult than a typical case against a third-party carrier. 

As a auto accident / personal injury lawyer in Baltimore and Maryland who also is a traffic and criminal lawyer, I see so many cases in court and in my office of drivers without licenses or without insurance.  I saw once of the nicest judges on the bench throw someone in jail for driving without a license.  The courts are taking it very seriously.

Eventually, she took and new job and moved to Iowa.  She was unavailable to attend the trial.  Under Maryland law, I was able to represent her without her physical presence.  I argued to the judge before the trial began that my client was unfairly prejudiced by the inordinate delay in setting the trial.  Although technically the “speedy trial” law does not apply in District Court, I argued that it was unfair to her to be forced to return to Maryland from Iowa for trial because the state could not get its act together.  The judge agreed and dismissed the case.  My client was thrilled.

She takes the case very seriously (not that I don’t).  She has photos, maps, etc… .  She tells me, as does the driver of the vehicle who waived her in who agrees to attend trial, that the officer NEVER interviewed either one of them. 

At trial, the officer tries to testify as to what other parties said.  The Judge agrees with me that he cannot do that.  He then tries to tell the Judge what my client told him.  I approach the bench and inform the Judge that my client will testify, as will the independent witness, that the cop never spoke with either one and that the officer is basically about to lie on the stand.  She says let it go and cross examine him.  She got the message.  Even on my cross, he maintains that he did speak with both my client and the other witness. 

The Judge granted my motion for acquital based mostly on the facts that the officer cited my client under a statute that didnot apply to the facts as they happened.  It also did not hurt that she suspected he was not telling the truth throughout the case.

As a Baltimore / Pikesville lawyer practicing medical malpractice and birth /brain injury cases it is not surprising to see the train wreck that over took these fine people.  They have since had another child.  The case has resolved.  I have gone on with my life Do they ever really move on?

Here’s the problem:  She decided to have the driver take her home from the scene.  The police were not called until later.  She left before anyone could investigate, find witnesses or do anything else to help support her case.  The police report, based only on the statements of the two parties finds her at fault.  Now, she very well may have been at fault.  My point to her and her sister was that she basically doomed her case from the start by leaving the scene before the police or an ambulance could arrive.  That does not even address the possible defenses to be raised for her not going to the ER and how she may have complicated her injuries by her own actions. 

Lessons to be learned:  If you are in an accident, and possibly seriously injured, do not move.  Don’t leave the scene; wait for the police and try to identify any witnesses.

I don’t know if this woman really had a case.  I know that now, she does does not.