DUI Trial Testimony: Basis for Car Stop

D.C. skyline

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 there were two reasons you decided to pull him over? A:            Yes. Q:           … Read More

DUI Trial Transcript: One-Leg Stand

U.S. Capitol building

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 demonstrate how you delivered the instructions on the night in question. A:            Yes,… Read More

DUI Trial Testimony: Horizontal Gaze Nystagmus

U.S. Capitol Building

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 you are not an opthamologist? A:            That’s right. Q:            Or an optometrist? A:           … Read More

DUI Trial Testimony: The Car Stop

Aerial view of DC

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 driving northbound? A:            Actually I was parked.  I was parked facing north. Q:           … Read More

Pet Peeves: On Prosecutors and Professionalism

Jefferson Memorial

Whenever you walk into a store, it doesn’t matter how busy the staff may be, the clerk should immediately acknowledge your presence.  Good afternoon, sir, the clerk should say.  I will be right with you. You forgive a… Read More

Classic D.C. Trial Transcript: Key on St. Ledger, Part II

U.S. Capitol Building

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 auto-cal’d?  Are you talking recertified or auto-cal’d? Q:  All of them. You tell… Read More

Classic D.C. Trial Transcript: Thomas Key on William St. Ledger, Part I

U.S. Capitol building

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 the program. In 2011, the two defense attorneys set their sights on the… Read More

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 small breaths. It took me a moment to figure out what she was… Read More

The Big Zee: Knowing When A Case Has Been Lost

D.C. skyline

He is a senior prosecutor. He doesn’t hide the ball or over try his cases. He is pleasant and reasonable, and he lets you know exactly where he is coming from – what he can do for you… Read More

Criminal Defense Like A Game of Internet Hearts

D.C. skyline

Although I may not be a gamer like Ken White of Popehat, I have been playing some Hearts on the Internet recently. I love the game of Hearts. I have gotten pretty good at it over the years. … Read More