Seeing Commonwealth v. Gerhardt in Action

I found myself in district court last week—it was a trial readiness day, and so the room was abuzz with attorneys trying to broker pleas and argue motions in anticipation of the trials that would be held within the next few days. Generally, the motions were heard without incident. The court allowed countless motions to “exclude the Horizontal Gaze Nystagmus test,” “sequester the witnesses,” and “keep out the defendant’s breath test refusal” without even an objection from the Commonwealth. Read More