DWI / DUI
Expert countertestimony- Often needed by criminal defendants
Expert countertestimony (EC) is often vital for a criminal defendants' trial, as is made clear with recent unpublished Virginia Court of Appeals affirmance of a DUI (driving under the influence of alcohol and drugs) conviction that ideally called not only for EC but also an...
Unrestricted restricted licenses- Fairfax criminal lawyer explains
Unrestricted restricted (UR) licenses were a big breakthrough when they came on the scene a few years ago. As a Fairfax criminal lawyer, I know that I oppose statutorily mandated driving suspension (one year loss of license (LOL) / driving privileges for a first offense,...
Expunging DUI edited to improper- Fairfax criminal lawyer speaks
Expunging DUI charges that get reduced to a conviction for something less serious sounding, is a real challenge in Fairfax when the amended reckless count is reckless driving generally, which statute provides: "Irrespective of the maximum speeds permitted by law, any person who drives a...
Virginia DWI blood – Fairfax criminal lawyer on absent draw witness
Virginia DWI blood (VDB) draw trials require the live testimony of the blood analyst before the testing results can be admitted into evidence, unless the defense fails to file with the court a correct timely objection to a and crrectly-filed notice of intention by the...
Plea negotiations that work- Fairfax criminal lawyer illustrates
Plea negotiations are a vital part of criminal defense. As a Fairfax criminal lawyer, I know that ideally no innocent person will plead guilty, no contest / nolo contendere, or Alford, and that people who committed crimes should not automatically deviate from pleading not guilty. In...
Blinders should not favor police, says Fairfax criminal lawyer
Blinders repeatedly arise with police -- usually in the form of willful ignorance about language challenges, balance and other physical issues, and failure to follow the Virginia Department of Forensic Science (DFS) mandate to inspect a DUI suspect's mouth for foreign substances at least twenty...
Resonating with decisionmakers- Fairfax criminal lawyer comments
Resonating with judges and jurors is critical for your Virginia criminal defense lawyer to pursue. As a Fairfax criminal lawyer, I take this approach often by integrating my lawyer role with communicating beyond that role, as a regular human being with laser focus on why...
Partying – Fairfax criminal lawyer on independence from convictions
Partying this July 4 weekend means that police / law enforcement officers (LEOs) will be out in swarms, looking to investigate and arrest people for suspected driving under the influence of alcohol and drugs (DUI / DWI), assault, and drug possession, like bear awaiting salmon...
Narrowing reliance on LEO testimony- Fairfax criminal lawyer’s take
Narrowing reliance on police testimony is an important pursuit for criminal defense lawyers. As a Fairfax criminal lawyer, I expect many judges, jurors and prosecutors to treat the testimony of most law enforcement officers (LEOs) as worthy of reliability. In that regard, it was wonderful...
SCVA DUI opinion addressed by Fairfax criminal lawyer
SCVA DUI decisions are infrequent, which makes them all the more worthy of attention. As a Fairfax criminal lawyer, I see that the Poulson v. Commonwealth of Virginia opinion reinforces limits on entitlement to Miranda warnings and does without an arrest warrant requirement when police already are on...
