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Winning in the absence of a breath technician

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

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

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

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

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

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

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

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...