Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney
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Pursuing Your Best Defense Since 1991
Virginia DUI defendants now have a more attractive wet reckless option
Virginia DUI defendants convicted for a first-time DWI offense under Virginia Code § 18.2-266 for allegedly driving under the influence of alcohol or drugs -- with a blood alcohol content (BAC) under 0.15 as of last year became eligible for unlimited driving during their one-year...
Fairfax DUI Court- Virginia DWI Lawyer on What to Expect in Your Case
Fairfax DUI court -- and all Virginia criminal court -- can seem to be an intimidating and convoluted place. As a Fairfax DWI lawyer, I am home at all courthouses, including this one, which is across the street from my office. I am here not...
Consensual nudity does not mean consensual videotaping in Virginia
Consensual nudity and sex among consenting adults is only by consent when truly by consent. As a Fairfax criminal lawyer, I know that by itself, such activity is not consent for one of the participants to film nor photograph the other person(s) -- nor the...
Rule on witness violations in Virginia criminal trials
Rule on witness violations can put at risk the fairness of a Virginia criminal defendant's trial or hearing. As a Fairfax criminal lawyer, I routinely ask the judge to invoke this rule, which bars the prosecutor's and defendant's witnesses from being present in the courtroom...
Virginia DUI Victory from Successful Challenge of the Arrest
Virginia DUI victory can arise from a pretrial dismissal, suppression of the arrest, and a finding of lack of proof beyond a reasonable doubt to convict. As a Fairfax DUI lawyer, I know that preparation for such defense requires thorough attention to all the foregoing...
Criminal defendants’ friends are not cops nor even progressive prosecutors
Criminal defendants' friends are their defense lawyers. As a Fairfax criminal lawyer, I know the benefits of the wave of self-styled progressive prosecutors taking office in the four largest Northern Virginia counties in January 2020 -- to the extent they actually walk that talk, but...
FST refusal- Beware doing otherwise in a Virginia DUI investigation
FST refusal is among your most powerful tools in fighting a Virginia DWI prosecution. As a Fairfax DUI lawyer, I have seen this truism in action time and time again. The importance of refusing field sobriety testing (FST) was re-highlighted for me only two days...
Virginia DUI strategy- Achieving improper driving & refusal in DWI case
Virginia DUI strategy calls for full trial preparation, skill at working for a settlement desired by the defendant, and readiness for any sentencing. Recently, I obtained a great case negotiation for a client by making clear to the prosecutor that we were proceeding to trial...
Virginia misdemeanor defense- Fairfax criminal lawyer on dismissal law
Virginia misdemeanor defense is serious business. Yes, as a Fairfax criminal lawyer I know that misdemeanors are less serious than felonies, but they are still crimes when committed, and a conviction for such crimes as theft, assault, drugs, and sometimes even DUI can haunt the...
Fairfax Drug Lawyer on No License Suspension for Virginia Drug Convictions
Fairfax drug lawyer addresses no further license suspension for Virginia drug convictions. First the law changed to not automatically require license suspensions for marijuana 251's. That was followed in 2020 by not requiring license suspensions for drug convictions nor 251 dispositions. Drug convictions and 251...
