 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Attorney Grievance Commission v. Garland4/16/1997
hood was hot to the touch. The officer identified the driver of the vehicle to be the Respondent, Thomas A. Garland. Trial Transcript, pp. 30-34. The Respondent had a strong odor of alcohol on his breath, his eyes were glassy and watery, his face was red and flushed, his eyes were bloodshot, and his speech was slurred and the Respondent was confused. The Respondent stumbled getting out of the vehicle and used the car for support when getting out. Trial Transcript, p. 34. With regard to the field sobriety test, the Respondent was asked to recite the ABCs and the officer stated that the Respondent responded as if he were singing a song ". . . all of the letters were slurred together." When the officer asked the Respondent if he had had anything to drink, the Respondent replied that he had had nothing to drink. Trial Transcript, p. 43. The Respondent refused to take the breathalyzer test. Trial Transcript, p. 44.
"After considering the motions and arguments of the State and the defense, Judge Rushworth determined, using the Reasonable Doubt Standard, that the Respondent was guilty of driving while under the influence of alcohol on August 26, 1992 and driving while suspended on September 6, 1992 based upon another factual scenario.
"6) On October 1, 1993, Judge Rushworth sentenced the Respondent to six (6) months incarceration with all but thirty-three (33) days suspended. The Respondent was ordered to serve the thirty-three days at the Prince George's County D.W.I. Facility to commence on October 8, 1993. Additionally, the Court imposed a $500.00 fine and placed the Respondent on supervised probation for four (4) years under the supervision of Richard Vincent, Director of Lawyer Counseling for the Maryland State Bar Association. The Respondent was ordered not to operate a motor vehicle and the Court set an appeal bond of $25,000.00.
"7) At sentencing, Judge Rushworth stated that alcoholism has "misdirected Mr. Garland's ability to pursue his profession and the conviction for driving under the influence of alcohol was his third offense." The judge further stated at sentencing that the Respondent should be kept off the street because, in the judge's opinion, he was a "loose cannon." In pronouncing his sentence, the judge stated in open court that the Respondent must surrender himself Friday, a week (October 8, 1993) to the Prince George's County D.W.I. Facility for thirty-three (33) days. The judge suspended the sentence with the assurance that immediately upon release, the Respondent would contact Richard Vincent for supervision of his drinking problem. Judge Rushworth also ordered that the Respondent was not to drive. Sentencing Transcript, p. 13. In setting the appeal bond at $25,000.00, the trial judge stated that he believed that the Respondent had an alcoholism problem to address even though the Respondent did not believe he had one. Judge Rushworth further stated that the Assistant State's Attorney had reported to him that he had smelled alcohol on the Respondent's breath on occasions when the Respondent was in court within the past year and that the $25,000.00 appeal bond would be appropriate to protect the interests of society. At least twice, the trial judge directed the Respondent to surrender to the D.W.I. facility no later than 5:00 p.m. on October 8, 1993. Assistant State's Attorney Murtha was directed to prepare a written order. The written order was signed on October 5, 1993. The written order directed the Respondent to appear at the D.W.I. facility at 9:00 a.m. on October 8, 1993, as opposed to 5:00 p.m. The written order was postmarked to the Respondent on October 7, 1993. The Respondent testified that he received the written order late in the afternoon of October 8, 1993.
Page 1 2 3 4 5 6 7 8 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|