DWI / DUI

Your Virginia prosecutor has a top boss who is either an elected official / commonwealth's attorney, or a lawyer hired by a municipality to prosecute General District Court misdemeanors. Both are political situations and do not favor wishful thinking by you. An chief prosecutor might...

Presumption absence (PA) with BAC testing -- and these presumptions are rebuttable -- can be an important achievement at a Virginia DWI trial proceeding pursuant to Virginia Code § 18.2-266, but does not guarantee an acquittal. As a Fairfax DUI lawyer, I know that the BAC...

Conversing with prosecutors and police as just folks can be essential to obtaining great negotiated results. As a Fairfax criminal defense lawyer, I know that we defense attorneys need to get past seeing police and prosecutors as "the other" who want to convict our clients,...

Preparation for trial is essential. As a Fairfax criminal defense lawyer, the foregoing statement is obvious, but must never be skipped. I write this while still glowing from a recent Virginia DUI trial win that followed a lame prosecutorial plea offer. Never go to your...

Data gathering drives police, as does seizing contraband and finding smoking guns. As a Fairfax criminal defense lawyer, I warn you of the high risks of feeding police information and imagery, rather than -- as an actual or potential criminal suspect -- asserting your Constitutional...

Lessons for your court date are important for you to obtain from your Virginia attorney. As a Fairfax criminal lawyer, I tell my clients many essential things about their court dates that are tailor-made to them and their cases. Below are some important ideas I...

Attack (verbally, in court, through your attorney) Virginia DUI police stops, or suffer the consequences. As a Fairfax criminal lawyer, i share with you a very low threshold to permit police vehicle stops for suspicion of DUI. McCumber v. Commonwealth of Virginia, ___ Va. App....

Winnable is your Virginia DUI case. As a Fairfax criminal lawyer, I say that no matter how optimistic or not you are about that winnability. Victory does not come from wishful thinking, carrying a lucky charm, nor other superstition, but starts with obtaining a great...

Absent police witnesses are an occasional phenomenon in Virginia General District Court, which handles adult misdemeanor cases among other matters. However, non-appearance of law enforcement officers in court is limited in frequency by common judicial preference to set trials on law enforcement officers' (LEO) pre-designated...

Switching the occupant of a car's driver seat is sometimes practiced to help the actual driver avoid a Virginia DUI prosecution. As a Fairfax criminal lawyer, I know the downsides of doing so include: (1) It is a crime to cover up another person's criminal...