DWI / DUI
Virginia DUI challenges by appeal addressed by Fairfax criminal lawyer
Virginia DUI challenges are many. As a Fairfax criminal lawyer, I am all the more interested in appeals from District Court for Virginia DWI convictions under Virginia Code § 18.2-266, and and all other Virginia misdemeanor convictions, now that doing so will botleneck the court system for...
Breathalyzer challenges in VA DUI cases – View of Fairfax criminal lawyer
Breathalyzer challenges are an essential part of defending against Virginia DWI prosecutions. As a Fairfax criminal lawyer, I dissect such evidence with a fine-toothed comb. Before ever arresting for an alleged DWI violation, police repeatedly ask Virginia DUI suspects to blow into the roadside handheld...
Welcoming Virginia DUI court – Fairfax Criminal Lawyer on Overcoming Fears
Welcoming court at first feels counterintuitive for most Virginia DUI defendants and criminal defendants. However, as a Fairfax criminal lawyer I know that once a Virginia criminal defendant is forced into the courthouse battlefield, s/he has only one choice, which is to fight, fight and...
Curtilage seizure in DWI investigation addressed by Fairfax DUI lawyer
Curitlage seizures take place when police detain a person on “'the land immediately surrounding and associated with the home.'" Saal v. Virginia, 848 S.E.2d 612 (2020) (quoting Oliver v. U.S.., 466 U.S. 170 (1984). As a Fairfax DUI lawyer, I know that because "the curtilage is 'considered...
Fairfax DUI case results in Virginia wet reckless after full trial readiness
Fairfax DUI case results can depend on such factors as trial outcome, strength of the allegations and defense, criminal defendant self improvement, and which prosecutor and judge involved. As among Fairfax DUI lawyers, I today follow up on my last blog entry entitled Trial Readiness...
DUI prosecutions are not profession – specific says Fairfax DWI lawyer
DUI prosecutions trap even people who never thought they ever would be prosecuted for a criminal offense. As a Fairfax DUI lawyer, I have defended plenty of people who would otherwise drive around with a police-supporting bumper sticker. For that matter, I have even represented...
Home visits by police & 4th Amendment- Fairfax criminal lawyer comments
Home visits by poiice are common. As a Fairfax criminal lawyer, I know that the Fourth Amendment limits the time, place and manner of those visits. For starters, the Fourth Amendment requires police to have probable cause to believe the existence of relevant criminal activity...
DWI and Virginia restricted driving- Fairfax DUI lawyer comments
DWI first offense convictions in Virginia now enable driving anywhere during the one-year license suspension period withe the alcohol ignition interlock. As a Fairfax DUI lawyer, I know that this option is available only so long as the conviction was not for a blood alcohol...
Fairfax DUI lawyer on driving under the influence of drugs & marijuana
Fairfax DUI lawyer / Virginia driving under the influence attorney Jon Katz knows that a prosecution for drug-impaired driving is defensible. At the same time, it bears stating that driving under the influence of any drug is a crime in Virginia, whether or not the...
Improper driving result on a Virginia DUI trial date – Fairfax lawyer recounts
Improper driving ("ID"), which is an infraction, is often a negotiated result sought in a Virginia reckless driving case, but much less often attainable for a DUI case. As a Fairfax criminal lawyer, I recently obtained the big leap of an ID plea deal in...