Notes from practice · D.C. Superior Court
Looking for “white spaces” in the prosecution’s case
Experienced criminal defense attorneys have taught me to to look for “white spaces” in the government’s case.; that is, to focus on what is NOT...
What should I do after receiving a hit-and-run letter from D.C. police?
The letter from the Metropolitan Police Department sounds ominous. Your car has been involved in a hit-and-run accident in D.C. You should come in for...
Leaving After Colliding in D.C. requires proof of mens rea
In Crawford v. D.C., the Court of Appeals confirmed that the Leaving After Colliding statute requires the government to prove mens rea....
I didn’t say, “Simon says”
Q: Officer. You testified on direct that my client was talkative when you first approached his car. A: Yes. As I began speaking with him,...
The SFSTs Have Never Been Peer Reviewed
Peer review is a critical component of any scientific research. You don’t simply expect people to take your word for it. Instead, you send things...
Double-Counting Police Officer Observations in a DUI Case
In DUI cases in which a suspect refuses to submit to a breath, blood or urine test, judges will typically base a guilty verdict on...
Stationhouse Videos in DUI Cases Are Discoverable
And sometimes the D.C. Court of Appeals gets it just right. For years, the Office of the Attorney General in D.C. has argued that stationhouse...
Police Officer as Expert at DMV Hearing
Q: You are certified to administer the standardized field sobriety tests? A: Yes. Q: So you are familiar with the science behind the standardized field...
Refreshing Recollection at a DMV Hearing
DEFENSE COUNSEL: Objection. HEARING EXAMINER: Basis? DEFENSE COUNSEL: I would ask that the officer testify from memory and not read from his report. HEARING EXAMINER: ...
“I Make Over Six Figures A Year. What Am I Doing Here?”
Guest Post by Tyler Wolff* These are the first words that went through my head when the jury found me guilty of my second DUI. ...
The DUI Defense Lawyers Association: A New Challenge to the NCDD
I am clueless about the politics. But you know this has to be a really, really bad thing for the National College for DUI Defense...
DUI Lawyers Get No Respect
I am attending the “Mastering Scientific Evidence” for DUI cases sponsored by the National College for DUI Defense (NCDD) and the Texas Criminal Defense Lawyers...
Ready for DUI/DWI Appeals in D.C.
It is amazing to me there aren’t more appellate DUI/DWI decisions in D.C. Yes, a recent case – Taylor v. District of Columbia – dealt with...
No More Weekends in DUI Cases
Always looking out for the best interests of clients, Michael Bruckheim has come up with a creative way for getting around the new requirement in...
DUI Trial Testimony: Basis for Car Stop
Q: Officer, as I understand it, you were parked behind my client at the intersection of 19th and M Streets northwest? A: Yes. Q: And...