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Winnable is your DUI case, says Fairfax criminal lawyer

Winnable is your Virginia DUI case. As a Fairfax criminal lawyer, I say that no matter how optimistic or not you are about that winnability. Victory does not come from wishful thinking, carrying a lucky charm, nor other superstition, but starts with obtaining a great...

Absent police witness gets a great Fairfax deal

Absent police witnesses are an occasional phenomenon in Virginia General District Court, which handles adult misdemeanor cases among other matters. However, non-appearance of law enforcement officers in court is limited in frequency by common judicial preference to set trials on law enforcement officers' (LEO) pre-designated...

Switching seats does not spell an automatic Virginia DUI win

Switching the occupant of a car's driver seat is sometimes practiced to help the actual driver avoid a Virginia DUI prosecution. As a Fairfax criminal lawyer, I know the downsides of doing so include: (1) It is a crime to cover up another person's criminal...

Invalid Virginia arrests and certificates of analysis

Invalid Virginia arrests occur when a misdemeanor does not take place in front of the law enforcement officer, and where an exception to the foregoing rule does not apply. Va. Code § 19.2-81. As a Fairfax criminal lawyer, I know that among those exceptions is...

Fairfax veterans docket- Should you select it?

Fairfax Veterans Treatment Docket (FVTD)- Is it worth your while? As a Fairfax criminal lawyer, I know that this is not an option in every Virginia County. What does this docket entail? First, several years ago this aspect of the Fairfax courthouse got spearheaded partly...

Aberration & rehabilitation for criminal negotiations

Aberration and rehabilitation are often important themes when a Virginia criminal defense attorney negotiates to settle a prosecuted case, and also for any sentencing proceedings. As a Fairfax criminal lawyer, I know that the last thing a prosecutor, police officer or judge wants on their...

Hospital blood draws- Virginia’s unconstitutional statute for DUI

Hospital blood (HB) draws are routinely performed on injured people, to determine how to assist the person. As a Fairfax criminal lawyer, I know that the Virginia DUI law includes a shortcut for prosecutors to attempt to introduce those blood draw analyses into evidence as...

Expert countertestimony- Often needed by criminal defendants

Expert countertestimony (EC) is often vital for a criminal defendants' trial, as is made clear with recent unpublished Virginia Court of Appeals affirmance of a DUI (driving under the influence of alcohol and drugs) conviction that ideally called not only for EC but also an...

Unrestricted restricted licenses- Fairfax criminal lawyer explains

Unrestricted restricted (UR) licenses were a big breakthrough when they came on the scene a few years ago. As a Fairfax criminal lawyer, I know that I oppose statutorily mandated driving suspension (one year loss of license (LOL) / driving privileges for a first offense,...

Expunging DUI edited to improper- Fairfax criminal lawyer speaks

Expunging DUI charges that get reduced to a conviction for something less serious sounding, is a real challenge in Fairfax when the amended reckless count is reckless driving generally, which statute provides: "Irrespective of the maximum speeds permitted by law, any person who drives a...