www.charlesjeromeware.com --- "MARYLAND BEST 10 DUI AND DWI ATTORNEY"[AIDUIA], "TOP LAWYERS IN MARYLAND"[ALM], " BEST ATTORNEYS OF AMERICA"[RUE's RATING], "CLIENT DISTINCTION AWARD"[MH], 'TOP 100 TRIAL LAWYERS" [NTL], Et Al. For an initial courtesy DUI consultation, contact defense attorney Charles Ware at (410) 720-6129.' We are "here to make a difference."
In my more than 30 years of successfully defending my clients in DUI and DWI cases, I have yet to experience a case in which the arrest and charge process was done perfectly by law enforcement. My clients have always had defenses of some type. The issue becomes whether these defenses are sufficient to warrant trial on the merits. For certain, the drunk driving test machinery should be scrutinized and evaluated for competency.
Just about every state, including Maryland, has statutory schemes for regulating the chemical testing of drunk driving suspects. The purpose of these statutory schemes is to attempt reliance upon these machines by the administrative and judicial systems. Some of rules are as follows:
(1) The police operators of breath analysis instruments must have the proper field training with the equipment;
(2) The laboratories conducting the analysis of blood or urine samples and the regulation of breath machines and reference chemicals are properly staffed, operated, and licensed;
(3) The samples are correctly preserved and stored;
(4) Standards for analytic procedures are met; and
(5) Proper laboratory and breath machine records are kept.
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