Notes from practice · D.C. Superior Court
DUI Trial Transcript: One-Leg Stand
Q: Turning your attention now, Officer, to the one-leg stand. A: Okay. Q: Mr. Jones had you step into the well of the court and...
DUI Trial Testimony: Horizontal Gaze Nystagmus
BY DEFENSE ATTORNEY Q: Now, officer, turning to the HGN? A: Yes. Q: The horizontal gaze nystagmus? A: Yes. Q: It’s fair to say that...
DUI Trial Testimony: The Car Stop
Q: Officer, you testified on direct that when you first saw my client, he was driving southbound on 7th Street? A: Yes. Q: You were...
Classic D.C. Trial Transcript: Key on St. Ledger, Part II
BY MR. KEY: Q: When was the last time this particular machine, the one in Government’s Exhibit Number 4, was actually calibrated? A: You mean...
Classic D.C. Trial Transcript: Thomas Key on William St. Ledger, Part I
In 2010, Thomas Key and Bryan Brown almost single-handedly dismantled the Metropolitan Police Department’s DUI program through a series of remarkable revelations about the inadequacies of...
Problems in Measuring a DUI Breath Sample
When my daughter was still a toddler, I was strapping her into the child safety seat of an overheated car when she began to blow...
The “Stationary Shelter” Doctrine in Maryland DUI Cases
Although I am not even sworn in yet, I think I am going to like Maryland practice. I noticed while studying for the bar that...
On Developing a Trial Persona That Works for You
One of the first things they told us during training at the public defender’s office in Philadelphia was that, although they could help us develop...
D.C. v. Loftus: Operating on a suspended license is strict liability offense
Driving without a license has long been a strict liability criminal offense in D.C. That is, in order to secure a conviction for this offense,...
Same Standard, Different Penalties for Drinking-and-Driving in DC
The standard for proving operating while impaired and driving under the influence is the same; specifically, impaired driving ability to slightest degree....
Emergency Legislation Results in Tougher Drinking-and-Driving Laws in D.C.
A new D.C. law, which took effect on August 1, 2012, has increased penalties for people convicted of driving while intoxicated (DWI), driving under the...
The “Imaginary Line” in the Walk-and-Turn Test
Q: Now, officer, let me turn to the walk-and-turn test. A: Okay. Q: You testified on direct that Mr. Smith stepped off the line three...
Trial Transcript: On the Definition of “Stuporous”
DEFENSE ATTORNEY: I noticed that you checked the box for “stuporous” on the police report. OFFICER: Yes sir. Q: You also used the term on...
Trial Transcript: Initial Observations/Probable Cause to Arrest in DUI Case
Q: You testified that my client stumbled as he got out of the car that night. A: That’s right. Q: What do you mean by...