Nero v. District of Columbia

NEWMAN, Senior Judge:

Appellant Jimmy Nero was charged by information with driving under the influence of drugs, in violation of D.C.Code § 50 — 2201.05(b)(1) (2001), and failing to obey the lawful order of a police officer, in violation of 18 DCMR § 2000.2 (2006). During cross-examination of Nero at his first trial, it was discovered that Nero was under the influence of Phencyclidine (“PCP”). After this discovery, trial counsel, over the objection of Nero, moved for a mistrial, which the trial court granted. Nero was represented by the same counsel at the retrial four days later; neither…