Answer: Yes, we definitely review the police report. In fact, it’s the only real-time answer that we get as far as what actually occurred out there on the roadway, unless there’s video. So we kind of have to take, you know, start our case from reading through the discovery to get an idea of what the officer’s going to testify to. And yes, they’re extremely formulaic. They are obviously cut-and-paste.

There’s a lot of times where you’ll see a defendant’s name, a totally different name—you know, you’ll see Adams in there, defendant Adams, and that was obviously somebody who would have been arrested prior to your client because your client’s name was Martinez. They generally use the exact same wording on almost every DUI. I’m not sure if there’s as many attorneys that do as many DUIs as my office does, but the statement of charges are sometimes almost virtually identical outside of the names being changed.

And yes, it’s absolutely something that we use against them. When an officer uses a word to describe the odor of alcohol that is, say, “overly pungent” or “extremely pungent,” something like that, it’s kind of a unique term. So when you see him use that on, just recently I was in court, I had two cases with the same officer and he used the exact same statement. Well, if you’re trying to embellish the odor of alcohol by using a word like “pungent,” and you use the exact same word for both, you can cross-examine him and say, during the first trial he says, “Oh, well it was overwhelming, it was unusually strong,” and then, you know, attack him because he obviously used it recently as well. So yes, they’re very formulaic; you can attack them.

Often the officer just memorizes, you know, their fact pattern and then will throw in the person’s name every once in a while testifying. It’s the easiest way for them to be able to testify sort of uniformly. You can subpoena prior police reports written by that officer and basically attack his credibility and memory of the incident if it appears to be overly pre-written. So, yes, that is something that is a great way to attack a case and the officer’s credibility, when you find out or are able to prove that he uses pretty much the same writings.

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DUI/DWI Defenses and Court

› What are some common tactics that you use to get a DUI case reduced or dismissed in Maryland?

› Do you review the police report in preparing for a Maryland DUI case? Can you attack the police report as part of the defense?

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Penalties

› Can you explain the penalties for a first offense DUI in Maryland?

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› Will a DUI/DWI conviction in Maryland affect my credit score?

› If my license is suspended due to a DUI arrest, can I get any type of restricted or limited driving permit in Maryland?

› Are there any places that I cannot drive to with a restricted driver’s license in Maryland?

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Roadside Test & Police

› What happens if you refuse the roadside breath test in Maryland?

› What should I say if a Maryland police officer asks if I have been drinking?

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› What is the difference between a hospital blood draw and a police blood draw in Maryland?

› How do police conduct drunk driving investigations in Maryland? What are they looking for?

› Can there be other causes for the physical signs of intoxication?

› What role does the police report play in a Maryland DUI/DWI case?

› Should I record a traffic stop with my smartphone? Can the video be used as evidence?

› Do police have to be within their jurisdiction to pull me over for DUI in Maryland?

› DUI Roadblocks or Checkpoints

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Laws

› What does probable cause mean in Maryland?

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› Are there any recent or upcoming changes to the DUI/DWI laws that people should be aware of in Maryland?

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Field Sobriety Tests & Defenses

› Is refusing to take a breath test considered a criminal act in Maryland?

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› What are the repercussions for refusing the official state breath test in Maryland?

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› Is it better for my case if I to fail the breath test or if I refuse a Maryland DUI breath test?

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› Non-Standardized Field Sobriety Tests

› Refuse Field Sobriety Tests

› Sobriety Checkpoint

FAQ

› What is the first thing a person should do after a DUI/DWI arrest in Maryland?

› What can you do to be proactive about your pending DUI case in Maryland?

› Do I need to hire an attorney from the area in which I got the DUI?

› What are the potential penalties for boating under the influence (OUI) in Maryland? Could a conviction impact my regular drivers license?

› Can you explain a rising blood alcohol level in Maryland?

› What is mouth alcohol in Maryland?

› What happens if I plead guilty to DUI/DWI in court in Maryland?

› Can being nervous impair a person’s driving ability?

› Can I be charged with DUI if I am on private property in Maryland?

› What are the laws in Maryland regarding boating under the influence?

› Difference Between DUI and DWI

› DUI Reported Licensing Board or Commission

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› DUI Charge but Live in another State

› Out of State DUI

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Non-Driving DUI

› Do I have to be driving a vehicle to be charged with DUI in Maryland?

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Drug Related Offenses

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About the Firm

› What sets Bruce Robinson & Associates apart from other DUI/DWI attorneys and firms in Maryland?

› What made you interested in practicing law and DUI defense specifically?

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› What sets Bruce Robinson apart from other DUI attorneys in Maryland?