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Fairfax DUI presumptions – VA DWI lawyer rebuts them

Fairfax DUI presumptions -- and DWI presumptions  (both real and claimed) in all Virginia courts -- must be fully rebutted by the defense. As a Fairfax DUI lawyer, I regularly present rebutting arguments against statutes, caselaw and arguments addressing such items as the validity of...

Fairfax DUI trials require stamina and killer instincts

Fairfax DUI trials can take awhile between your court-posted start time and the time your proceeding actually concludes. As a Fairfax DWI lawyer, I proceed to your Virginia driving under the influence of alcohol or drugs adjudication date (prosecuted under Virginia Code § 18.2-266) ready with...

Intrusive searches- Fairfax criminal lawyer says pounce

Intrusive warrantless searches of one's body are ripe for challenges. As a Fairfax drug lawyer, I am delighted that the Virginia Court of Appeals overturned a grossly bodily-invasive streetside search of a suspect, even pulling on his underwear to see his bare skin underneath, followed...

Counterattacking Fairfax DUI prosecutions- VA DWI lawyer’s view

Counterattacking Fairfax DUI and Virginia DWI prosecutions under Virginia Code § 18.2-266 is essential, rather than merely being in a defensive mode. As a Fairfax DUI lawyer, the latter approach serves me well in serving those accused of driving under the influence of alcohol in violation...

Attenuation trumps earlier 4th Amendment issues in Fairfax case

Attenuation can trump earlier Fourth Amendment violations. As a Fairfax criminal lawyer, I read with interest chief Fairfax County Circuit Court Judge Penny Azcarate's application of such law to deny a Virginia criminal defendant's challenge to a child pornography-yielding search of a computer and cellphone....

False confessions- Fairfax criminal lawyer targets them

False confessions (FC) happen too often, because even one false confession is one too many. As a Fairfax criminal lawyer, I share with you that the Virginia Supreme Court recently okayed a trial court's refusal to let defendant Joseph Eugene Smith (ultimately convicted of statutory...