No More Weekends in DUI Cases

U.S. Capitol building

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 D.C. that mandatory days of incarceration in DUI cases be served back-to-back. According… Read More

The “Stationary Shelter” Doctrine in Maryland DUI Cases

U.S. Capitol Building

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 the discovery rules are far more encompassing – and rational — than in… Read More

D.C. v. Loftus: Operating On A Suspended License Is A Strict Liability Offense

Driving without a license has long been a strict liability offense in D.C. That is, in order to secure a conviction for this offense, the government need only prove that you didn’t have a driver’s license at the… Read More

Same Standard, Different Penalties for Drinking-and-Driving in DC

D.C. Superior Court judges, prosecutors, and defense attorneys have traditionally treated the criminal offense of Operating While Impaired (OWI) as if it were a lesser-included offense of Driving Under The Influence (DUI).  Although a specific standard for OWI… Read More

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 influence (DUI) and operating while impaired (OWI).  For example, the penalty for a… Read More

The “Imaginary Line” in the Walk-and-Turn Test

Jefferson Memorial

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 times.  That is, he stepped off the line twice on the way down,… Read More

Failing the Breath Test in a DUI Case

Ignition Interlock To Be Required For All DUI-Restricted Licenses in Virginia

D.C. skyline

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 be required to install an ignition interlock device on his/her car.  Current law… Read More

Unauthorized Use of a Motor Vehicle: Applying the Notion of a “Grace Period”

Jefferson Memorial

  The judge doesn’t like my idea of a “grace period.”  In fact, he chuckles when I propose it:  “I have never seen any case law on that,” he says. I was not trying to be funny. My… Read More

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 of DWI cases that pled. One piece of blue paper after another was… Read More