From the category archives:

DUI and Driving Offenses

On Lindsay Lohan’s Legal Representation

July 10, 2010 DUI and Driving Offenses

Most people read about Lindsay Lohan’s recent troubles with the law and think about a young woman out of control.  I read the same reports and can’t help concluding that her recent sentence of 90 days incarceration for repeated probation violations was at least partially the fault of her high-priced lawyer.
Admittedly, I have no idea [...]

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On DWI, Diversion, and Prosecutorial Discretion

July 7, 2010 DUI and Driving Offenses

[While on vacation, I am reposting some of my favorite entries from the past year.]
Bad luck.  My client is middle-aged.  He has children and runs his own business.  He is a respected member of our community.   And he has never been arrested before.

He is pulled over for speeding at two am on New Year’s morning [...]

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The Greatest DWI Video Of All Time

June 21, 2010 DUI and Driving Offenses

I had seen this video at a DWI/DUI training course in D.C. but was never able to find it again.  Many thanks to DC/Maryland criminal defense attorney Michael Bruckheim for letting me know where I could find it. I will link to Michael as soon as he gets his website up.

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D.C. Concludes Review of Faulty DWI Breath Test Cases

June 10, 2010 DUI and Driving Offenses

According to the Washington Post, the Office of the Attorney General (OAG) in D.C. has completed its review of 1,100 suspect DWI cases.  It has concluded that nearly 400 people were convicted of driving while intoxicated since September 2008 based on inaccurate results from the Intoxilyzer 5000EN breath test machine.  Over half of these people [...]

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DWI in Arlington and Alexandria, Virginia

May 6, 2010 DUI and Driving Offenses

While Virginia is generally known for the stringency of its drinking-and-driving laws, the elements of driving while intoxicated (DWI) in Virginia themselves are very similar to Washington, D.C. and other jurisdictions.  The penalties are only a little bit more severe.
The Virginia statute groups all drinking-and-driving offenses under the general category of DWI.  As in D.C., [...]

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Administering the Standardized Field Sobriety Test

May 6, 2010 DUI and Driving Offenses

I have two observations now that I am certified to administer the Standardized Field Sobriety Test (SFST). First, the test is very difficult to perform, even for a perfectly healthy and sober individual. The test is physically challenging, particularly the One-Leg-Stand. The “divided attention” component of the test makes it difficult to follow complex instructions [...]

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Post-Script On The Guy Who Left His Car On Our Brick Wall

April 11, 2010 DUI and Driving Offenses

Yesterday I posted about the guy who drove his Lexis onto our brick wall and then left it there.  I assumed he had been drinking. I assumed we would never see him again. And, as suggested by another participant at the training here, I assumed the police would soon be getting a call about a [...]

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“Every DWI Case Is Defensible”

April 10, 2010 DUI and Driving Offenses

You often hear criminal defense lawyers who are just starting out say that they will initially handle drinking-and-driving offenses, like DWI or DUI, until they get their feet on the ground.  The cases are, they say, straightforward and lucrative. Once they get themselves established, well, then they can move on to more complicated felony cases, [...]

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On Becoming Certified to Administer the Standardized Field Sobriety Test

April 9, 2010 DUI and Driving Offenses

There is nothing more gratifying for a criminal defense lawyer than the moment on cross-examination when the prosecution’s key witness begins to sweat.  The witness gets that panicked or confused look in the eye and keeps glancing over at the prosecutor as if for help.  Uh oh, the look says.  This is not going as [...]

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DWI/DUI: What NHTSA Does Not Tell Us About the Horizontal Gaze Nystagmus (HGN) Test

March 23, 2010 DUI and Driving Offenses

According to the National Highway Traffic Safety Administration (NHTSA), the horizontal gaze nystagmus (HGN) test is a proven and scientific method for determining whether or not a person is intoxicated. NHTSA therefore included the HGN as one of three components within the Standardized Field Sobriety Test for use by police officers in deciding whether to [...]

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