DWI / DUI
Advantages to hiring a Fairfax DUI lawyer sooner rather than later
Advantages are numerous to hiring your Virginia DWI lawyer sooner rather than later. As a Fairfax DUI lawyer, I get right to work once hired with such essential items as obtaining essential evidence and case-related information, which includes requesting evidentiary discovery from the prosecutor's office;...
Budgeting for your DWI defense – Fully arm your Virginia DUI lawyer
Budgeting for your DWI defense means sending your Virginia DUI lawyer to courtroom battle with a proverbial submachine gun rather than a water pistol, ready to do the job by a progression of threat by display, whacking the opponent, firing individual bullets, and spraying a...
Cross examining police in Virginia DUI prosecutions – Fairfax lawyer’s view
Cross examining (CE or Xexamine) police is an essential tool for the defense against Virginia DUI prosecutions. As a Fairfax DWI lawyer, I know that the Constitution's Sixth Amendment Confrontation Clause and Virginia appellate court caselaw guarantee this CE right. I also know that many...
Virginia DUI matters of law are decided by the judge
Virginia DUI matters of law are decided by the judge rather than by a jury. As a Fairfax DWI lawyer, I know this can temper the level of excitement over getting a second bite at the apple by appealing a conviction in a Virginia District...
Attacking field sobriety testing with an FST-trained DUI lawyer
Attacking field sobriety testing (FST) is an essential part of Virginia DUI defense against prosecutions under Virginia Code § 18.2-266, both to challenge the legality of the arrest and to argue that the prosecutor has not proven beyond a reasonable doubt that the defendant is guilty...
Alcohol abstinence ordered for many convicted in Fairfax DUI prosecutions
Alcohol abstinence mandates after leaving court with a Fairfax DUI conviction (and maybe even a wet reckless driving conviction) can feel like an insult after already suffering the unpleasantness of such a case outcome. As a Fairfax DWI lawyer, I know that more serious than...
Virginia DUI sentencing enhancement risks addressed by Fairfax lawyer
Virginia DUI sentencing enhancement risks can go beyond mandatory minimum sentencing for such factors as repeat DWI offenses, blood alcohol content of 0.15 or more, DUI with maiming and DUI with death. As a Fairfax DWI lawyer, I know that other factors can also aggravate...
Interlock orders in Virginia DUI cases- Avoiding landmines
Interlock orders at first blush may weigh heavily on defendants in Virginia DWI trials. As a Virginia DUI lawyer, I know that sometimes an ignition interlock device (IID) order results from a deal that converts a DUI count to wet reckless, or from the option...
Attestation binds Virginia breath technicians in DUI cases
Attestation clauses (AC's) need to be signed by breathalyzer machine operators to effectuate the Virginia law that gives prosecution-friendly meaning to such testing. Virginia Code §§ 18.2-268.9, 19.2-187, and 19.2-187.1. As a Fairfax DUI lawyer, I religiously check the certificate of analysis for whether the...
FST weakness gets pounced on and results in a DUI trial acquittal
FST (field sobriety testing) often get overly built up by police and prosecutors in Virginia DUI trials. In reality, prosecutions typically have holes to mine, enlarge and exploit in fighting for acquittal. Sometimes that yields acquittal, like with my recent DWI bench trial. In this...
