Notes from practice · D.C. Superior Court
Ignition Interlock To Be Required For All DUI-Restricted Licenses in Virginia
Beginning July 1, 2012, every person who is convicted of a drinking-and-driving offense in Virginia and who wants to drive on a restricted license will...
I Am Not A Traffic Lawyer. Except When I Am.
When I first went out into private practice in 2009, I was tempted to take on traffic cases. After all, my wife and I may...
Complaints, Excuses, and Justifications after a Lost DWI Trial
Before beginning my practice in Virginia, I went over to traffic court in Fairfax County to observe, and was struck by the large number...
Confrontation Clause Be Damned: D.C. Continues to Use Surrogate Witnesses in DUI Cases
Jamison Koehler
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01/13/2012
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Michael Bruckheim was scheduled to cross-examine Lucas Zarwell, the chief forensic toxicologist in D.C., and a group of DUI lawyers had gathered outside Room...
Confronting the Silent Witness — the Breath Test Machine — in a DWI Case
The government vouches for him. He himself doesn’t need to come to court, much less explain the basis for his conclusions. His “testimony,” which...
On the Defendant’s Acceptance of Responsibility at Sentencing
Earlier this week, I caught the tail-end of a DWI trial in which Michael Bruckheim was representing the defendant. Bruckheim had attended portions of my...
DWI Defense Is Not For Beginners
You would think that Jeff Gamso, as a criminal defense lawyer focusing on death penalty cases, might look down his nose at lawyers handling drunk...
The “Oopsie” Phenomenon and Other Problems with Urine Tests
With the use of breath test machines temporarily suspended in D.C. because of calibration and accuracy problems, people arrested under suspicion of drinking and driving...
The “Disappearing Sway” In A DWI/DUI Case
“Swaying while balancing” is one of four “clues” used by a police officer to detect intoxication during the One-Leg-Stand component of the Standardized Field...
The Blood/Breath Partition Ratio in a DWI Case
The science behind the Intoxilyzer 5000EN and other breath test machines all sounds very impressive. The problem is that the machines are based on certain...
The Xeroxing of Arrest Reports in a DWI/DUI Case
With two DUI trials coming up, I will be focusing myself, as well as this blog, on the science and law related to this issue. ...
Post-Script On The Guy Who Left His Car On Our Brick Wall
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....
“Every DWI Case Is Defensible”
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...
On Becoming Certified to Administer the Standardized Field Sobriety Test
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...