Underdog Blog – Fairfax Criminal Defense Lawyer | Virginia DUI Attorney

Pushing back against DUI prosecutions needs to be the default for any Virginia criminal defendant charged with such an offense. As a Virginia DUI attorney, I say never give up and never give in with this and all other criminal prosecutions.

Testing for allegedly illegal drugs/ controlled dangerous substances -- other than marijuana plant material (versus hashish oil) -- commonly takes at least four months in my clients' drug cases, and often longer. An exception is for marijuana plant material testing, where I have seen recent...

HGN testing -- meaning horizontal gaze nystagmus testing -- in Virginia DUI cases is one of the three field sobriety tests (the others being the walk and turn (WAT) test and one leg stand (OLS) test) covered in the student field sobriety testing (SFST) manual...

Tire chalking is a common way for police or other parking ticketers to monitor whether a vehicle has overstayed the maximum duration for a parking space. As a Fairfax criminal lawyer I know that any incursion of government employees onto one's property might implicate the...

Refusal convictions are what such a high number of Virginia DUI defendants want to avoid that many are ready to plead guilty or no contest/nolo contendere to the parallel DUI charge in a deal to consequently enter as nolle prosequi/ not prosecuting the remaining...

Negotiations are typically a critical part of criminal defense, always from a position of trial readiness. As a Fairfax criminal attorney, I know that negotiations are not always about seeking a guilty/ no contest/ Alford plea deal versus working to convince the prosecutor to dismiss...

Dismissing or not prosecuting misdemeanor marijuana possession cases is now the policy of the chief prosecutors in Portsmouth (except for likely still prosecuting juveniles for possessing marijuana) and Norfolk Virginia. As a Fairfax drug lawyer and civil libertarian, I applaud this move and encourage a...

As harsh as the Virginia criminal justice system generally is when compared to its two northern neighboring jurisdictions, a blessing in Virginia is that lawyers in criminal and civil cases get to question and talk with potential jurors at length in the jury selection/ voir...

Blood draws are less common in DUI cases than are breath alcohol (BAC) tests. As a Virginia DUI lawyer, I know that blood draws are common in DWI cases, whether to check for drugs beyond alcohol, because of an injured driver, or because an alcohol...

Immunity law needs to be considered by any trial witness wishing to assert the Fifth Amendment right to remain silent. As a Fairfax criminal lawyer, I have experienced several case dismissals for assault cases where the complaining witness hires a lawyer who tells the prosecutor...