DUI Potomac Maryland Lawyer Psychiatrist Test Stress Disorder
DUI Potomac Maryland Lawyer Psychiatrist Test Stress Disorder
John Austin v. State
Facts:
Defendant was charged with DUI and driving while intoxicated after a police officer saw her driving on a public road and noticed that her speech was slurred, her eyes were watery and bloodshot, and there was a strong odor of alcohol on her breath. The officer testified that he conducted three field sobriety tests, the nystagmus test, the walk and turn, and the one-leg stand, and that defendant failed all three tests. However, the officer did not take a sample of defendant’s breath or blood for analysis. He also testified that defendant was very loud and obnoxious while he was booking her at the police station and that she injured herself after she was placed in a cell. In her defense, defendant claimed that she suffered post-traumatic stress disorder and offered the testimony of a psychiatrist to explain her behavior. However, the trial court ruled that the psychiatrist’s testimony was not admissible. Defendant was convicted of driving under the influence (DUI) after a jury trial in the Circuit Court for Howard County (Maryland), and she appealed.
DUI Potomac Maryland Lawyer
Issue:
- Whether the psychiatrist’s testimony was admissible in DUI proceedings?
Discussion:
The appellate court held that the trial court abused its discretion by allowing the State to offer evidence detailing defendant’s post-arrest behavior to raise an inference that she was intoxicated and then excluding expert testimony defendant offered to explain that behavior. The appellate court vacated the trial court’s judgment and remanded the case for a new trial
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Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Maryland Child Custody Minor Waive Doctor Patient Privilege Psychiatrist Testimony Best Interest Lawyers Attorneys
To determine whether to waive doctor-patient privilege for minor child allowing psychiatrist testimony at custody hearing, an attorney should have been appointed to protect the best interest of the child and parents could not have made the waiver.
Going thru a child custody case is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a child custody case.
If you are in the unfortunate position of having to file for child custody in Maryland or you have been served with a child custody complaint in Maryland, you need the help of an experienced child custody lawyer in Maryland.
The SRIS Law Group Maryland child custody lawyers have a thorough understanding of the child custody laws in Maryland and how the Maryland child custody laws may apply to your case.
Our Maryland child custody attorneys have helped many clients who are going through a child custody case in Maryland.
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Maryland Child Custody Sole Waive Mental Health Diagnosis Lawyers Attorneys
Petitioner, by seeking sole custody of children, did not, without more, waive her statutorily confidential psychiatrist/psychologist-patient privilege in respect to her past mental health diagnosis, treatment, and records.
Going thru a child custody case is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a child custody case.
If you are in the unfortunate position of having to file for child custody in Maryland or you have been served with a child custody complaint in Maryland, you need the help of an experienced child custody lawyer in Maryland.
The SRIS Law Group Maryland child custody lawyers have a thorough understanding of the child custody laws in Maryland and how the Maryland child custody laws may apply to your case.
Our Maryland child custody attorneys have helped many clients who are going through a child custody case in Maryland.
If you need help with a Maryland child custody case, contact us for help at 888-437-7747.
We have offices in Baltimore & Montgomery County.
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