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

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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

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

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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

Overruling Her Own Objection

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Midway into my cross-examination of the police officer, the judge calls the prosecutor and me up to the bench so that she can talk to us outside the hearing of the jury. “That line of questioning is objectionable,”… Read More

The Morning After

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I wake up again at 3:00 am but, for the first time in over a week, there is nothing to do but clean up my study.  After four days of trial, the jury took only a couple of… Read More

The Gold Standard in Witness Credibility

  My investigator Wayne Marshall gets an A+ for his testimony yesterday at trial. Of course, I am biased. Marshall is everything you could want in a witness: He knows his stuff. He is well-spoken, direct, straight-forward. He… Read More

On Developing a Trial Persona That Works for You

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One of the first things they told us during training at the public defender’s office in Philadelphia was that, although they could help us develop many of the skills we needed to become successful trial lawyers, they could… Read More