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: 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

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

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

Failing the Breath Test in a DUI Case

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

Confrontation Clause Be Damned: D.C. Continues to Use Surrogate Witnesses in DUI Cases

U.S. Capitol building

  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 116 yesterday afternoon shortly before 2:00 pm. Zarwell testified before city council last… Read More

Confronting the Silent Witness — the Breath Test Machine — in a DWI Case

U.S. Capitol Building

  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 is delivered through an interpreter, consists of nothing more than a couple of… Read More

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 driving cases.  After all, the difference in stakes is enormous. You would be… Read More