Berger v. District of Columbia

Appellant Kerry Berger appeals from his conviction of the offense referred to as driving while under the influence of liquor, D.C.Code § 40-716(b) (1990), on the ground that the government failed to prove that he was guilty of the offense charged in the information. We affirm.

I

Appellant was charged by information with violating D.C.Code § 40-716(b)(l) (1990), which makes it illegal to “operate or be in physical control of any vehicle” while “under the influence of intoxicating li-quor_” At a bench trial the government presented one witness, Officer Wallace Carmichael, who testified that he…