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 cannot be found in either the statute or case law, judges have repeatedly stated that in order to secure a conviction for …
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 first-time conviction in a DUI/DWI case has gone up from a maximum fine of $300 and 90 days in jail to a …
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, and once on the way back. A: Yes. That’s right. Q: And stepping off the line is one of eight clues you …
With first-time offender treatment in D.C. generally restricted to marijuana possession, prosecutors frequently offer consideration under Section 48-904.01(e) of the D.C. Code as an alternative to taking a case to trial. Depending on the case, treatment under the Section can in fact be the preferred option for people charged with first-time possession of cocaine and other illegal drugs. However, unlike …
“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 Sobriety Test (SFST). The police officer would require only one other clue to mark the suspect down as having failed this component and arrive at the conclusion that there is a 65% (according to the …
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. I assumed we would never see him again. And, as suggested by another participant at the training here, I assumed the police would soon be getting a call about a stolen car. This led me …
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 gets that panicked or confused look in the eye and keeps glancing over at the prosecutor as if for help. Uh oh, the look says. This is not going as planned. Defense counsel knows a …