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 there were two reasons you decided to pull him over? A: Yes. Q: … Read More
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 demonstrate how you delivered the instructions on the night in question. A: Yes,… Read More
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 you are not an opthamologist? A: That’s right. Q: Or an optometrist? A: … Read More
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 driving northbound? A: Actually I was parked. I was parked facing north. Q: … Read More
Pet Peeves: On Prosecutors and Professionalism
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
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
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
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
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
