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DC Marijuana Decriminalization Law Best in U.S.

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The DC City Council has enacted a decriminalization bill that gives citizens few consequences for being caught with marijuana. This is essentially as lenient as possible without going all the way to legalize recreational marijuana in the nation’s capital. The new law went into effect on July 16, and with the District previously arresting far more than their share of marijuana users, the change is a welcome one.

Under the new law, anyone caught in possession of less than one ounce of marijuana will face a $25 fine. That’s it. No jail time. No record. No arrest. [Read more…]

DC Councilmembers Want Marijuana Decriminalization

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D.C. voters have spoken and are prepared to bring a ballot measure that would either decriminalize small amounts of marijuana or legalize it altogether. But, city councilmembers aren’t convinced that having the voters write the policy is the best idea. Marion Berry (D-Ward 8) and Tommy Wells (D-Ward 6) are just two that are looking at a decriminalization bill that would beat voters to the punch. [Read more…]

DC Officially Recognizes Citizens’ Right to Record Cops

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Because the police needed an official rule to alert them to the fact that citizens can record them while on duty and not face arrest, the Metropolitan Police Department of DC has issued a new general order making it very clear. The order came on the heels of a lawsuit where a citizen working with the ACLU sued the city for violating his rights when he was arrested for taking photos of police while on duty.

According to The Legal Times, the order, “explicitly recognizes and instructs all the members of the police department that people have a constitutional right to video and audio record them while they’re doing public business in a public place.”

Gwendolyn Crump, a spokesperson for the department said that the rule was already a part of departmental policy, but that the new statement simply affirms and clarifies the people’s right to free speech in regards to police action.

The lawsuit involved a man who was taking photos of traffic when he police confronted him in Georgetown. He said they told him it was illegal to take such photos without permission from the office of public affairs. He was detained and asked for identification. The lawsuit was eventually settled on July 13, shortly before the statement came out from the Metropolitan Police Department.

If you are recording police while they are acting within their official duties and in public, they cannot harass you. However, if you interfere with their work or if your footage may contain evidence from a crime, they can take action to stop you or request you send the footage or photos in to the department.

If police do seize the camera or recording device, the order notes that they can’t review anything without a warrant or, in “exigent circumstances,” without permission from the watch commander. It also notes that police can’t delete or order someone to delete photographs, videos or audio recordings.

Erasing photos and footage has been a problem in a few jurisdictions when police didn’t want their images captured and certainly didn’t want evidence of their work being made public.

Attorneys suggest the language of the statement from the police department was part of the settlement.

What constitutes as interfering with police work? Well, that’s largely up to the police officer in question. Simply mouthing off at the wrong time could give an aggravated officer enough motivation to take your camera and arrest you for a criminal offense of disorderly conduct.

Sometimes, the way law enforcement works puzzles even legal experts. But if you are charged with a crime, the assistance of a local defense lawyer can be invaluable. Contact our offices today to discuss your case and how we might be able to help.

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DC Breathalyzer Results Questioned

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The Washington Post posted an article this week revealing what many defense attorneys already know: the results of breath tests are not always completely accurate. These tiny machines used to potentially send someone to jail can be misread, miscalibrated, and simply dysfunctional.

According to the report, the Washington DC police department had recently pulled several breathalyzer machines. Police Chief Cathy L. Lanier is quoted as saying “It’s good that we caught it ourselves and pulled these machines immediately.”

The issue in this case seems to be with calibration of the machines. Slight changes within the machines can be all that’s necessary to send someone over the legal limit of .08%. The report suggests that at one time, the department was functioning with 8 out of 10 of their breathalyzers on a defective status.

The Metropolitan Police Department along with the city’s Attorney General’s office are investigating and are said to be issuing a report sometime in coming weeks.

Regardless of where you are, within the metro or in outlying burbs, breathalyzers used in DUI arrests and convictions are far from reliable. Whether police departments recognize it or not, the potential for error is great. Across the country these tools, however, continue to be used often as the main source of evidence in a DUI case.

When arrested for a DUI charge it is crucial you speak with an attorney knowledgeable of the workings of these machines. If the District of Colombia has charged you with a DUI and your breath test results are a big factor in your case, this specific incident in the city could potentially help your case.

Even a first time DUI charge in DC carries up to 90 days in jail. Losing your license for 6 months can be devastating and cause far reaching effects on your family life and your employment.
If you are facing charges of DUI in DC or Maryland, I can help. Contact me today for a consultation on your case.