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DWI / DUI

Converting 3 DWI’s to reckless driving in 7 days, against great odds and in the moment

October 30, 2014

Throughout the 1994 National Criminal Defense College’s Trial Practice Institute and 1995 Trial Lawyers College, we were repeatedly reminded and inspired to find, cultivate and execute our own personal magic in order to do great things for our clients. The idea is not for us...

Storytelling to an acquittal at trial on charges of DWI and breath test refusal

October 10, 2014

My Virginia driving while intoxicated clients who refuse to be breath or blood tested for blood alcohol and/or drug content post-arrest, know that a first-time refusal conviction spells one year of no driving at all, with no exceptions. If also convicted of DWI, an additional...

Winning in the absence of a breath technician

May 9, 2014

When a criminal defendant’s trial date continuance motion is denied, s/he ordinarily must proceed to trial on that date, or resolve the case by settlement negotiations. When a Virginia prosecutor is unable to obtain a trial date continuance, s/he can move the court to enter...

Some days are like removing the donut weight from a baseball bat

April 3, 2014

My clients usually ask me what their chances are in court. This is not merely to satisfy natural anticipation, but also to have plans in place in case they are convicted, and depending on the type of conviction and sentence. I do my best to...

Again winning a DWI trial after attacking the cop’s hunch

March 25, 2014

Five months ago, I blogged about winning a driving while intoxicated trial when the judge ruled that the police stope of my client’s car was unconstitutional, for being based on no more than a hunch about whether my client or his passenger had been involved in an amorphous...

Barker (not Bob) v. Wingo to the rescue

March 10, 2014

My clients tend not to care how I win for them as long as I win, even if through a final dismissal rather than through the greater excitement of an acquittal. Recently, I got a case dismissed due to the Sixth Amendment violation of my...

Another approach to defending driving under the influence of Ambien

March 4, 2014

Kerry Kennedy’s driving under the influence of Ambien case would not have received nearly as much attention if she were not such a high profile person. I am cautious about joining the bandwagon of focusing on cases for being high profile. Here, though, I wish to...

Not guilty of DWI, with a collision, bloodshot eyes, and wobbling

February 25, 2014

A vehicle collides so hard into the one in front of it that the struck vehicle suffers substantial damage, and the struck vehicle then collides into the next car ahead. Police arrive to find my client with bloodshot and watery eyes, all upset about a...

Federal judge keeps teeth in SCOTUS’s McNeely blood draw case

December 4, 2013

Last April, the Supreme Court generally limited blood draws of criminal suspects to those obtained by consent of the suspect or by a valid search warrant, absent exigent circumstances. Missouri v. McNeely, 133 S.Ct. 1552 (2013). Criminal defense lawyers need to challenge all three with...

A journey to a partial DWI victory

November 22, 2013

My life and work are never dull. At my best, I start my day with taijiquan, to be ready for the expected and unexpected, the constant buzz of the day, and handling the bows and arrows coming from my own quiver and from others. At my...

I couldn’t have asked for a better outcome on my case
Mr. Katz is not only an incredible lawyer but he is a very caring person. I couldn’t have asked for a better outcome on my case. I learned so many things just from the conversations I had with him. Make sure to listen to the things he has to say and to do whatever he asks of you to help towards your case. I’ve never felt more comfortable with a lawyer and I was very fortunate to have worked with him! You’re the man Mr Katz!
N. H.
Source: Google
Absolute genius
When I realized that I needed representation, I contacted Mr. Katz. I had seen the impressive reviews posted by happy clients, and so was encouraged to make an appointment. I was instantly amazed at his depth of Constitutional law, and was well pleased at how serious he took my case, which he won today. By the time he finished his closing argument, the plaintiff knew they had a fight on their hands, and he has NO reservations about speaking truth to power (meaning, the judge). I HIGHLY recommend Mr. Jonathan Katz. He will fight for you.
Anon.
Source: Avvo
He has a long record of success - and I am happy I made that choice.
Jon was able to negotiate a settlement with the prosecutor that was initially a plea to a lesser charge; then a dismissal of that charge, without admission of guilt, and without conviction . He also negotiated several thousand dollars in fines, down to only paying a one hundred dollar court cost. This result was quite a lot more than I had thought possible. Jon had settled a case that potentially would lead to serious jail sentence – down to essentially no serious penalty at all. This is what Jon did:
1. Over multiple weekly phone conversations, he interviewed me about all relevant factors of the case.
2. He aggressively sought and obtained – thru “discovery”, and “Brady” — multiple bodycams from arresting officers. He spent about 12 hours reviewing these videos carefully. He used the term “inside the four square corners”. This was a term that reflects a careful search for precisely what was used by police to obtain consent to search, and all aspects of the arrest – and if the provided video evidence supported or challenged – the eventual charges. He carefully looked for any details from the scene, or from dialogue, that were exculpatory.
3. He assigned me multiple tasks, beginning on day one – that forced me to focus on the charges, weigh my culpability, and make strong behavioral changes that may possibly indicate to prosecution that I recognize the problems I have created, and am taking direct actions to counter the damage I have done- and obviate future injury or harm. This was additionally helpful because it provided me with a sense of some control over my situation.
4. He spoke to me on numerous occasions, by phone, to give a detailed plan for my defense. He informed me in a firm but also supportive way – seeking my consent – and he was realistic – but also allowed some hope and dignity for the position I was in.
5. He did an extensive literature and case review to find any prior cases that could act as precedent in my case. He was able to find a recent, high profile case, that was settled in a Virginia Court. Its main elements were similar to mine. Jon obtained the transcript of the cross-examination in that case. When Jon had reviewed those elements, he was then able to hire an expert witness who could address the discovered vulnerabilities.
6. Jon showed an extensive knowledge of case law. He also showed expertise in the plea negotiation process.
7. The day of trial, Jon was able to show the prosecutor, and the judge, that he was prepared to offer a methodically laid out defense, with recent precedent, and expert testimony. Also, he was able to present me in a context a little broader that just a person attached to these charges. He showed this event in a broader sense of my life, and convinced the judge that I had taken steps to correct my problems, and that I had been of service to society for many decades. He presented what I believe to be an accurate and FAIR assessment of my situation.
I can look back over the past several months since I hired Jon. It started as a google search for “Best Virginia Lawyer”. The first search results, at the top of the page- I knew these were paid advertisements. I generally skip these ads, trying to find the most accurate reviews. But – and I am happy I did – I also reminded myself that these ads are PAID FOR and whoever is paying for the ads likely IS SUCCESSFUL , so I gave Jon a shot.
He has a long record of success – and I am happy I made that choice.
Anon.
Source: Avvo

DWI / DUI

Jon Katz Practices in the Following Courts and Beyond