BELTON v. WASHINGTON METRO. AREA TRANSIT AUTHORITY

No. 92-7248.

20 F.3d 1197 (1994)

Michael BELTON, Appellee, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 1994.


Attorney(s) appearing for the Case

Bruce P. Heppen, Asst. Gen. Counsel, Washington Metropolitan Area Transit Authority, argued the cause for appellant. With him on the briefs were Robert L. Polk, Gen. Counsel, Washington Metropolitan Area Transit Authority, Gerard J. Stief, Associate Gen. Counsel, Washington Metropolitan Area Transit Authority, and Robert J. Kniaz, Deputy Gen. Counsel, Washington Metropolitan Area Transit Authority. Jeanette J. Clark, Associate Gen. Counsel, Washington Metropolitan Area Transit Authority, entered an appearance.

Frederick W. Schwartz, Jr. argued the cause for appellee. With him on the brief was Kenneth M. Trombly.

Before: WILLIAMS, GINSBURG and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Michael Belton spent the evening of July 10, 1989 outfitted in a Batman cape, roaming the streets of Georgetown and taunting motorists. His blood alcohol level, measured when the evening's revels came to a disastrous end, was .424 percent. (Under D.C.Code Ann. § 40-717.1 a level of .05 percent or more is prima...

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