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Jon Katz’s victories

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Winning a DWI trial by challenging the opposing toxicologist

Here is an overview of events leading to my recent trial win for a 0.14 blood draw case in Virginia General District Court. GDC: The police officer testified to seeing my client’s car stuck in a ditch, and my client’s saying he drove the car and nothing to drink...

Winning a DWI Trial by Keeping Out the Preliminary Breath Test Result

“Jon,” an able Virginia criminal defense colleague said to me, “sometimes I just concede probable cause to arrest my DWI client, to keep out the preliminary breath test.” Why do that? Judges are not allowed at bench trials to consider suppression hearing evidence for the...

Meeting the pressure to convert a DWI charge to a DREAM Act-friendly result

The DREAM Act is still a dream, to bypass immigration law penalties against those who came to the United States as children. Praised be the Obama Administration for having directed the use of prosecutorial discretion (see the June 15, 2012, Homeland Security Department directive, with...

Winning at trial after a would-be damaging ruling

Dare to challenge a judge’s evidentiary ruling, and s/he might growl: "I have already ruled, counsel. Move it along." The judge may not be growling only to directly address the lawyer’s behavior, but  alsoto scare the lawyer’s client so much that the client will beg...

Winning by boiling the arguments to their simplest parts

A jury acquittal is spectacular for drama and a lawyer’s battle exercise and ego. However, for a defendant, the earlier he or s/he wins the better on the defendant’s psyche. In that regard, yesterday I won a trial through the latter approach. A police officer...