Jon Katz’s victories
Beating a DUI by suppressing the stop- Fairfax criminal lawyer weighs in
Beating a DWI prosecution can stem from such approaches as convincing the judge that the traffic stop or arrest did not pass Fourth Amendment Constitutional muster, and convincing the factfinder(s) that the prosecutor has failed to prove guilt beyond a reasonable doubt. One of my...
Consciousness of guilt with refusal – Fairfax DUI lawyer counters that
Consciousness of guilt of DWI from a blood alcohol test refusal can be considered in some non-Virginia jurisdictions. As a Fairfax DUI lawyer, I know that such test refusal is generally inadmissible at a Virginia DUI trial for any reason other than introducing a finding...
Hunches do not justify police stops says Fairfax DUI lawyer
Hunches by themselves do not permit police stops of suspects. As a Fairfax DUI lawyer, I know that at minimum, the police officer needs reasonable articulable suspicion to stop a suspect. Moreover, Virginia has not yet recognized a community caretaker basis for police to stop...
Enemies & obstacles are illusions says Fairfax criminal lawyer
Enemies are obstacles that are found in abundance if a criminal defense lawyer wants to find them. However, as a Fairfax criminal attorney, I know that acquittals and other court victories are obtained by not getting bogged down by seeming enemies nor by apparently insurmountable...
Refusal conviction risks sometimes merit taking Virginia DUI cases to trial
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...
Public intoxication jury victory – Fairfax criminal lawyer
Public intoxication is overcharged in Virginia. As a Fairfax criminal lawyer, I know that an intoxicated in public conviction is not good for one's reputation, and the risks of fighting such prosecutions only involve hiring a lawyer, and paying court fines and costs.
Acquittal in DUI trial – Fairfax lawyer on bad stop on hunch of flat tires
Acquittal is the ideal goal of going to trial. As a Fairfax criminal lawyer, my view is to go to trial rather than entering a guilty, no contest or Alford plea, where the benefits and possibly lower risks of doing otherwise are not...
Excluding blood alcohol results for failing the 20 minute rule – Fairfax DUI lawyer
Fairfax DUI lawyer on excluding blood alcohol test results. Excluding blood alcohol test results is a vital part of fighting a DWI (driving while impaired by alcohol for purposes of this article, but also relevant to driving while impaired by drugs) trial involving post-arrest testing...
Expecting magic from myself and nothing from others – Fairfax DUI lawyer
Fairfax DUI lawyer on expecting magic from within without expectations in others. Expecting magic from myself as a criminal/ DUI defense lawyer -- and nothing from others -- is the way to go. As a Fairfax DWI/ criminal lawyer, I know that such a...
Lucidity Arguments get a DUI Arrest Suppressed – Fairfax DWI Lawyer
Fairfax DUI lawyer wins trial after underlining defendant's lucidity despite his wobbliness with field sobriety tests. Lucidity arguments are particularly important for DUI defendants when their physical coordination is wobbly. As a Fairfax criminal lawyer, I have experienced the benefits of such arguments, including in...
