Mohamed Fadul v. District of Columbia

NEBEKER, Senior Judge:

Mr. Fadul appeals his conviction for driving under the influence of alcohol (DUI), in violation of D.C.Code § 50-2206.11 (2012 Repl.). He argues that the trial court abused its discretion in declining to sanction the government for its failure to provide him with tapes of the responding officers’ radio call, that the evidence is insufficient to show that he “operated]” or was “in physical control of’ the vehicle within the meaning of the statute, D.C.Code § 50-2206.11 (2012 Repl.), and that the statute is unconstitutionally vague. We disagree, and affirm.

I. Facts and…