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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...

Totality of the circumstances is key in Fairfax DUI defense

Totality of the circumstances (TOC) can be persuasively argued to the defendant's favor against Fairfax DUI prosecutions. As a Virginia DWI lawyer, I know that the legality or not of a DWI arrest requires looking at whether the TOC provided the police probable cause to...

Fairfax DWI | Virginia DUI patrols will be active St. Patrick’s night

Fairfax DWI police patrols can be expected to increase during St. Patrick's celebrations and all other times during the year when alcohol consumption increases. How can you enjoy any celebration and avoid a Virginia DUI stop, arrest and prosecution? For starters, be aware that non-drivers...

Converting Virginia DUI to a reckless result- Fairfax lawyer’s approach

Converting Virginia DUI charges to reckless driving dispositions can happen before and after trial through settlement / plea negotiations.  As a Fairfax DUI lawyer, numerous times I have settled Virginia DUI and criminal cases in mid-trial, either because the trial makes the prosecutor see that...