The Rule on Witnesses at a D.C. DMV Hearing
by Jamison Koehler on August 29, 2018
DEFENSE: Before I begin my argument, I’d like to invoke the rule on witnesses.
HEARING EXAMINER: The what? The rule on witnesses?
DEFENSE: Yes, sir. The sergeant has concluded his testimony. He will be a witness against my client at trial. I would ask that the sergeant be excused while I make my argument.
HEARING EXAMINER: Something could said that he needs to respond to.
DEFENSE: In that case, we could call him into the courtroom, the hearing room, at that time.
HEARING EXAMINER: I am not going to excuse him for that. Like I said, part of your argument, I don’t know what your argument is, but he should be here to hear and then he can respond. I am not going to excuse him because of the D.C. Superior Court trial that is coming up.
DEFENSE: Well, I would argue that —
HEARING EXAMINER: — Counsel, no one has ever asked me this before. This is a DMV hearing, not a trial.
DEFENSE: I am proud to be the first then.
HEARING EXAMINER: For this proceeding, the government will remain for the whole proceeding. I will not excuse him. Something you should say, he should be able to respond to it.
DEFENSE: Mr. Examiner, the sergeant is not a party to this case. He is a witness. Once his testimony has been given, there is no reason to have him in the room.
HEARING EXAMINER: Counsel. I have made my decision. I ask you to proceed with your argument.