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Drunk Driving Defense
Mechanical Devices
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When you retain Jack I. Hyatt in your DUI, Driving on Suspended or Revoked License, Speeding or Radar case, you will get an excellent opportunity to have your case dismissed prior to trial. You will also get an excellent opportunity to avoid a PBJ or DUI criminal conviction that can stay with you for the rest of your life, result in multi-year insurance increases and loss of your license.
"Thanks for a job extremely well done in getting my DUI, negligent driving, and all 11 related charges dismissed prior to trial so I did not have to appear in court and also having my MVA hearing dismissed."~N.M. "I was nervous about my DUI charges from the day I was charged until the day you called several days prior to trial indicating all charges would be dismissed and I would not have to appear in court. Thanks again for suggesting I not accept the state's offer to plead guilty."~~R.F. "I selected Jack Hyatt because of his experience, knowledge and reputation. He thoroughly investigated my case, detected technical mistakes made during my arrest and had my DUI and all other charges completely dismissed at trial. If you are charged with DUI or any traffic charge, he is the lawyer you need to call."~~R.S. "I was thrilled to learn that you had my DUI case dismissed prior to trial and we did not even have to appear in court. I thoroughly recommend your services."~~D.G. "Your advice and efforts exceeded my expectations as you suggested I plead not guilty and my fourth DUI case was dismissed. I appreciate your answering all of my questions and keeping me informed throughout the entire case."~~R.J. "I was extremely worried about my pending DUI charges due to two prior DUI convictions. Your aggressive representation was excellent in getting all DUI charges dismissed prior to trial. You were always available to answer my questions."~~T.D. "Thanks for your outstanding representation in filing an effective appeal and getting my sentence reduced to PBJ on the appeal."~~M.L. "Many thanks for getting my driving on suspended license charge dismissed so I did not have to appear in court."~~P.S. "Thanks for advising me to plead not guilty and getting my DUI and negligent driving charges dismissed to I did not have to go to court."~~A.H. " Thanks for suggesting I contest my Baltimore County driving on suspended license charge and getting my case dismissed. Your representation was outstanding."~~M.A. "Thanks again for your aggressive representation in getting my MVA hearing dismissed and saving my license."~~F.F. "The result you obtained in my third DUI case was outstanding. I wish I had known about you earlier. Thanks." ~~M.J. "Your straight forward answers to my questions were greatly appreciated. Thanks again for getting my Federal DUI dismissed."~~ S.E. "Thanks for advising me to plead not guilty and getting all of my Prince George's County DUI charges dismissed." ~~S.R. "Thanks for a job well done in getting my driving an uninsured vehicle dismissed so did not have to appear in court."~~C.F. "Your representation and results exceeded my expectations in my DUI case."~~J.D.H. "I appreciate all of your efforts in getting all of my Anne Arundel County DUI charges dismissed."~~R.E. "I am so glad I selected you as my lawyer and did not plead guilty as I originally intended as your representation resulted in getting my driving on a suspended license charge dismissed. Thanks for a job well done."~~D.B. " Your diligent representation was excellant in getting me a PBJ for my second DUI. The outcome was better than I expected. Thanks. ~~ I.A. ?Your strategy, motions and aggressive representation was excellent in my violation of probation case. Thanks for getting my probation continued especially as it was against the recommendation of the state?s attorney.?~~ G.W. " I'm glad I listened to you and plead not guilty as you were able to get all of my DUI charges in Baltimore County dismissed."~~H.L. "Your representation in my Calvert County DUI case was outstanding. If anyone needs a lawyer in a DUI case you are the lawyer they need to call." ~~ J.B.
Upon receipt of your call, we will fully explain all your options, common police mistakes, proven DUI defenses that work, re-testing, expungement of records, how to save your license, the ways in which DUI cases can be dismissed prior to trial and the very best way to proceed in your case depending upon your facts.
Jack I. Hyatt is fully licensed to practice in every Maryland county as well as the Maryland Federal court. Even if you believe you are guilty, the state may not be able to prove you are guilty. Our aggressive representation will enable us to target your available defenses to get your case dismissed. You can either schedule an appointment, or if you are more than 20 miles from our office, or out of state, you can begin your case by telephone in which event, the steps we take and the result will be identical.
Both Maryland and out of state lawyers have chosen Jack I. Hyatt to represent them in their personal DUI cases.
As a past Assistant State's Attorney, he has gained experience in over 20,000 cases, thoroughly knows the state's play book, understands police mistakes, and is able to use both sides of the law to target potential available defenses to get your case dismissed prior to trial, keep your license, avoid a PBJ, and a criminal conviction for DUI and multi-year insurance increases.
The police are requigold to follow strict procedures. Failure to do so can lead to the dismissal of your DUI case. What is refergold to as a "Technicality" or "Loophole", is actually a way of using the constitution to have your case dismissed. I understand how to dismantle the toughest cases, even with the highest breath test results. I also understand exactly how physical or mental illnesses or disabilities can be confused with DUI and the very best way to project these defenses to the court and also recognize when they will not work. Not every lawyer has the same training and experience to defend DUI cases.
We offer you an excellent opportunity to avoid a guilty plea, a permanent DUI or PBJ conviction on your record that often can never be expunged, multi-year insurance increases and possible fine or jail sentence. Each case is different and past records are no assurance that the lawyer will reach a favorable result in any future case. "Justice is your right, we demand it"
Upon receipt of your call we will target your available defenses.
JACK I. HYATT "There is No Substitute For Experience." If you have questions about mva hearings (go to)
While most police officers perform their tasks
properly, there are many instances when their acts, omissions, or
failure to comply with detailed procedures when giving a ticket, or
making an arrest, creates a valid and enforceable defense to enable
your case to be dismissed prior to trial. Solid preparation and a
knowledgeable DUI lawyer who understands the sequences of arrest and
trial are your best defenses. Mr. Hyatt has tried over 20,000 cases for the State of Maryland as an Assistant State's Attorney For Baltimore City. This, day in, day out, continuous courtroom on experience has enabled him to have a clear understanding how the Maryland traffic court system works, from the point of the initial charge throughout the entire court process. If you were stopped due to radar, photo radar, laser, lidar, vascar, police car pace or airplane pace, Mr. Hyatt's knowledge of specific case will enable him to zero in to detect essential elements of non compliance and get your case dismissed prior to trial. Frequently, specific knowledge of specialized DUI and traffic court decisions and statutes, and inccorporating these authorities into Motions filed prior to trial, makes the entire difference between wining and losing. Any motions filed with the court are meaningless, without incorporating the specific legal authorities into the documents filed on your behalf.
Busy trial judges,who hear hear many different types
of cases, may not be as knowledgeable as a dedicated DUI lawyer who can bring specific knowledge to a case which can make all of the difference between wining and losing.
Mr. Hyatt is fully licensed to practice in every
Maryland county, Baltimore city, all Federal Courts in Maryland as well as the United States Supreme Court.
He will ask detailed questions beginning when and why you were stopped, what did the arresting officer observe, was he sure about his observations, how detailed is his memory, was the stop legal, was any search legal, reviewing what the arresting officer said to you, reviewing what you said to the arresting officer, reviewing what was said to induce you to speak, take any tests, were field tests, administered properly, did the officer fully know how to administer the tests, was all machinery used in good repair, was all machinery used tested properly, was the machinery timely tested, did the officer know how to properly use the machinery, did the officer who tested the machinery know how to properly test it, when did the officer last
qualify on the machinery are examples of preliminary questions.
Examples of ways to beat DUI ILLEGAL STOP OF PERSON OR VEHICLE ? a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred. WEAVING INSIDE THE LANES IS NOT ILLEGAL ? weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason. ANONYMOUS REPORT OF DRUNK DRIVING -- a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk. STANDARD FIELD SOBRIETY TESTING IS INACCURATE ? in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests. NON-STANDARDIZED FIELD TESTS ARE INVALID ? neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests. BREATH TESTING IS INACCURATE ? virtually all experts concede that one breath test alone is unreliable. The Maryland Supreme Court has remarked that breathalyzers are not foolproof. Finally, breath testing in Maryland is subject to various inaccuracies, including a +/- 12.5% variance, non-specificity for ethanol, etc. BOOKING ROOM VIDEOS ? Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary. IN-SQUAD VIDEOS ? more and more often, the suspect?s driving and performance on field tests is being recorded; often contradicting police testimony. FAILURE TO PROVIDE SPEEDY TRIAL ? If a client is not provided with a trial within 120 to 160 days of demand, through delays of the court or prosecutor, the charges must be dismissed. POLICE BLOOD TEST INACCURATE ? Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. HOSPITAL BLOOD TEST INACCURATE ? Hospital blood tests overestimate a person?s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons. BREATH TEST OPERATOR UNLICENSED ? An Maryland Breath Test Operator must possess a valid, unexpired operator?s license, or the breath test result is inadmissible. BREATHALYZER MACHINE MALFUNCTIONS ? if there is a malfunction or repair of the breath test instrument within 62 days before or after a suspect?s breath test, the results of the suspect?s test are presumed invalid. BREATH TEST OPERATOR LICENSE EXPIRED -- An Maryland Breath Test Operator must possess an unexpired operator?s license, or the breath test result is inadmissible. Licenses expire automatically every 3 years. BREATH TEST DEVICE NOT APPROVED ? A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible. FAILURE TO PROVE DRIVING ? a defendant?s admission to driving, without more, does not prove a charge of driving under the influence. INDEPENDENT WITNESSES ? often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant?s sobriety. FAILURE TO MIRANDIZE ? prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED ? according to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. OFFICER?S PRIOR DISCIPLINARY RECORD ? a police officer?s previous disciplinary record can be used to attack the officer?s credibility. PORTABLE BREATH TEST INADMISSIBLE ? Maryland law prohibits the use of portable breath testing results as evidence at trial in a DUI case. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED ? The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature. FAILURE TO CONDUCT OBSERVATION PERIOD ? Maryland requires that a driver be observed continuously for a minimum twenty minutes prior to a breath test in order for the results to be considered admissible and valid. EXPERT WITNESSES ? Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests. MEDICAL AND HEALTH PROBLEMS -- Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results. BAD WEATHER ? Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance. LACK OF PROBABLE CAUSE TO ARREST -- A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial. ILLEGAL SEARCH ? the police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver?s consent or probable cause. Any evidence illegally obtained is not admissible in court. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS ? any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer?s credibility. POST-DRIVING ABSORPTION OF ALCOHOL ? the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile. INTERFERING SUBSTANCES ? many items contain forms of alcohol which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid. BREATH MACHINE NOT PROPERLY OPERATED ? the manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings. FAILURES TO PRODUCE DISPATCH TAPES ? most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed. MISLEADING STATEMENTS BY POLICE OFFICERS ? Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver?s record. STATUTES OF LIMITATIONS ? A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright. PRIVATE PROPERTY ? a person who has not driven the car on a public highway cannot be suspended for drunk driving. FAILURE TO DISCLOSE EXPERTS ? the failure of the prosecutor to disclose the state?s expert(s) will cause those witnesses to be barred from testifying against the defendant. LACTATE RINGERS ? when hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings. FAILURE TO RECORD CERTIFICATION TESTS ? the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver. FORCED BLOOD DRAWS ? the police may not take a blood test against the driver?s consent where there has not been an injury involved, or the result is inadmissible. Standardized Field Sobriety Testing The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help police officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. The three tests of the SFST are: 1. the horizontal gaze nystagmus (HGN) 2. the walk-and-turn 3. the one-leg stand.
These tests are administered systematically and are evaluated according to measured responses of the suspect. HGN Testing Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.10 or greater. NHTSA research indicates that this test allows proper classification of approximately 77 percent of suspects. HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants. Divided Attention Testing The walk-and-turn test and one-leg stand test are "divided attention" tests that are easily performed by most sober people. They require a suspect to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises. In the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for seven indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, uses arms to balance, loses balance while turning, or takes an incorrect number of steps. NHTSA research indicates that 68 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.10 or greater. In the one-leg stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for a 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. NHTSA research indicates that 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.10 of greater. The effectiveness of SFST in court testimony and evidence depends upon the cumulative total of impairment indicators provided by the three-test battery. The greater the number of indicators, the more convincing the testimony. Because SFST is administered according to national standards and is supported by significant research, it has greater credibility than mere subjective testimony. Alternative Testing Methods Sometimes, an officer will encounter a disabled driver who cannot perform the SFST. In such cases, some other battery of tests such as counting aloud, reciting the alphabet, or finger dexterity tests may be administered. If the proper motions are filed, these test are usually not admissible at trial.
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