Statement oflrvin Nathan, Acting Attorney General, Regarding Drunk Driving Prosecuti...

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Statement of Irvin Nathan, Acting Attorney General,
Regarding Drunk Driving Prosecutions

WASHINGTON, D.C.-Over the past week, there have been media reports about drunk-driving
prosecutions in the District of Columbia. While it is not appropriate to comment at this time on
specific cases, I want to take this opportunity to address the broader issue.

Impaired driving is a serious criminal offense. It can result in injury or death to innocent parties,
passengers and the vehicle operators. It is important that we prosecute these cases vigorously for
the safety of our citizens and the protection of private property, and to deter people from
drinking and driving. We will continue to do that.

At the same time, we must ensure that our prosecutions in these matters, as in all our litigation,
are carried out with the utmost integrity. Any criminal prosecution must have reliable evidence
to prove guilt beyond a reasonable doubt.

Just over a year ago the Metropolitan Police Department alerted the Office of the Attorney
General (OAG) to a potential problem with their breath testing equipment. In response, OAG
immediately stopped relying on evidence from that equipment in its prosecutions. Since taking
office last month, I have carefully reviewed the issues.

Along with Chief of Police Lanier, I am determined to set a new and clear course going forward.
We are committed to pursuing an impaired driving prosecution policy that has integrity and
reliability.

We will only proceed with drunk driving prosecutions where we are confident in,the accuracy of
the information we are introducing, and where we can provide to the defendant the necessary
information that should be available to him or her. Because of problems experienced to date, we
will not be relying on the results of breathalyzer data in affected cases. We will proceed for now
only in those drunk driving cases where, in our view, the eyewitness testimony, the urine testing,
or other admissible credible evidence proves the criminal offense beyond a reasonable doubt.

http://oag.dc.govIDC/OAG/ About+OAGlNews+Roomlci.Statement+of+Irvin+Nathan, +Ac... 2/25/2011

Statement of Irvin Nathan, Acting Attorney General, Regarding Drunk Driving Prosecuti... Page 2 of2

Additionally, because of our concerns, including whether proper protocols in urine testing were
followed by a few police officers and whether certain forms were accurate, we asked for an
investigation by the MPD. Pending the results of that investigation, we dismissed some cases in
a way that permits us to bring them again based on reliable evidence. We expect to be able to refile most of
these cases in the near future.

In the meantime, we are working with the MPD to revamp the District's drunk-driving program.
We have been working with nationally known experts who have run court-approved programs in
other States. We intend to create a program of which the District can be proud and that can be
used as a model. Once that program has demonstrated its reliability, we will resume reliance on
the breathalyzer evidence.

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http://oag.dc.govIDC/OAG/About+OAGlNews+Roomlci.Statement+of+Irvin+Nathan,+Ac... 2125/2011