McKinney, who was sergeant major of the U.S. Army from 1995 through 1997, is charged with malicious wounding -- a felony -- stemming from the incident on Oct. 25 of last year.

During a preliminary hearing Tuesday in Arlington County District Court, Milan Kobulnicky described climbing into the front passenger seat of McKinney's four-door Mercedes sedan at a slug pickup point at Route 123 in Occoquan.

With McKinney sitting between his lawyers at the defense table, Kobulnicky testified that McKinney quickly grew angry when the 6-foot-4 inch Kobulnicky slid his seat back after entering the car with another passenger, who sat behind him.

"I've been slugging 15 years," Kobulnicky testified. "I've never had anyone question moving a seat so I could fit in the vehicle."

Kobulnicky said within minutes of McKinney's car entering the HOV lane, the rear seat passenger asked, "Are you really going 95 miles an hour?"

Kobulnicky said the remark caused him to look up from his BlackBerry and verify that McKinney's speedometer read 95.

Kobulnicky said after McKinney offered to let the rear seat passenger out of the car in the HOV lane, Kobulnicky said he, too, asked McKinney to slow down.

When Kobulnicky said he would call police, McKinney said, "Go ahead. I don't care," Kobulnicky testified.

In cross-examination, Kobulnicky said he didn't call police during the ride "because I didn't want to set him off any further."

In Crystal City, Kobulnicky said he and the rear seat passenger asked to be let out immediately. He said McKinney pulled over into a bus lane on Eads Street.

As he got out, Kobulnicky said he indicated he planned to file a police report. He said as he stood in front of McKinney's car entering information into his BlackBerry, he heard the engine roar and was flipped over backward, landing on his head.

Kobulnicky said Arlington County emergency workers transported him to the emergency room. He was treated, but not admitted, and was released at approximately 1 p.m.

"I was diagnosed with a traumatic brain injury, a severe concussion," said Kobulnicky. "I missed four weeks of work on my doctor's orders."

Under cross-examination, Kobulnicky said he suffered several bumps and bruises, "but no bleeding, no broken bones."

After Kobulnicky's testimony, McKinney's lawyer argued prosecutors had failed to demonstrate the intent required for the malicious wounding charge, and asked that the charge be dropped. Judge Thomas Kelley, Jr. disagreed and ruled the evidence was sufficient to send the case to trial.